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9 - The Gulf of Maine maritime boundary delimitation: the constitution of the chamber

from PART I - International Court of Justice

Published online by Cambridge University Press:  07 September 2011

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Summary

Judgment in the case concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area (Gulf of Maine case) was rendered not by the plenary International Court of Justice (ICJ) but, pursuant to Article 26 of its founding statute, by “a chamber for dealing with a particular case.” Provision for that type of chamber was not found in the statute of the Court's predecessor, the Permanent Court of International Justice (PCIJ). One of the few changes in the Permanent Court's statute made in 1945 when the Statute of the International Court of Justice was adopted as an annex to the United Nations Charter was to add a provision for such particular, ad hoc chambers. A significant subtraction was made in 1945 as well. The PCIJ Statute provided, in respect of the composition of standing, subject-matter chambers, that the provision of Article 9, requiring that “the whole body also should represent the main forms of civilization and the principal legal systems of the world,” applied to ad hoc chambers as well. While Article 9 appears in the same terms in the PCIJ and ICJ statutes, that chamber application does not appear in the Statute of the International Court of Justice, a deletion which played a significant part in the composition of the Gulf of Maine case chamber.

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Justice in International Law
Further Selected Writings
, pp. 108 - 112
Publisher: Cambridge University Press
Print publication year: 2011

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