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13 - Effective Advocacy at the ICJ

from Part II - The ICJ and International Dispute Settlement

Published online by Cambridge University Press:  18 May 2023

Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The second part concludes with a chapter on effective advocacy before the ICJ, by Samuel Wordsworth QC and Kate Parlett. It examines both written and oral advocacy before the Court, with the fundamental objective of the advocate in all cases being to persuade, making it essential to consider what will be of most utility to the judges when they come to reach a decision on the case. They also emphasise the significant role the advocate has to play in the pre-litigation stage and in early procedural exchanges: she or he must bear in mind that they have a dual function of presenting the best case for the client to the Court, while also persuading the client as to the most effective way in which to do that.

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