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8 - The Memo

Published online by Cambridge University Press:  03 November 2022

Tommaso Soave
Affiliation:
Central European University, Budapest
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Summary

This chapter starts to dig into the role of judicial bureaucrats as consiglieri of the court. In particular, it focuses on the memoranda they prepare to advise the adjudicators throughout the proceedings. While these internal documents go by different names and take different forms in each court, they tend to share some common features: typically, they describe and characterize the state conduct that gave rise to the case; review the facts and evidence on the record; evaluate the viability of the parties’ legal claims and defences; compile relevant case law; and provide suggestions on how the issues in dispute should be resolved. Through the preparation of memoranda, judicial bureaucrats often run a full pre-assessment of the case, thereby exerting considerable influence on the decision horizon of the adjudicators.

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The Everyday Makers of International Law
From Great Halls to Back Rooms
, pp. 163 - 173
Publisher: Cambridge University Press
Print publication year: 2022

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  • The Memo
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.009
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  • The Memo
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Memo
  • Tommaso Soave, Central European University, Budapest
  • Book: The Everyday Makers of International Law
  • Online publication: 03 November 2022
  • Chapter DOI: https://doi.org/10.1017/9781009248013.009
Available formats
×