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Chinese Journal of International Law Advance Access originally published online on June 15, 2007
Chinese Journal of International Law 2007 6(2):363-377; doi:10.1093/chinesejil/jmm011
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© The Author 2007. Published by Oxford University Press. All rights reserved

COURTS & TRIBUNALS

Organizational and Procedural Aspects of the Institution of State Agent before the ECHR and ICJ: Some Romanian Perspectives

Bogdan Aurescu *

Being a State Agent before an international jurisdiction is a task of responsibility. A background of personal experience is an advantage in explanation. This article tries to build upon the author's experience as an Agent for Romania before two quite different forums of international justice—the European Court of Human Rights and the International Court of Justice. As any institution, the institution of State Agent entails a set of organizational and procedural requirements to be met in order for the case(s) to be managed successfully towards the solution of disputes. The selection of the Agent, of his home team, of his foreign counsel (if needed) is essential. The provision of sufficient financial resources as well as the decision power, both as far as substantial and administrative aspects involving the case(s), is also important. The in-depth knowledge of all procedural details and the way of making use of them, the respecting of deadlines, the realistic assessment and fixing of time limits and also the manner of leading the team are essential for a positive outcome of the proceedings.

* Dr. Bogdan Aurescu is president of the International Law Section of the Romanian Association for International Law and International Relations (the Romanian Branch of ILA) and editor-in-chief of the Romanian JIL. He has a PhD (Summa cum laude) in Public International Law. He teaches International Law at the Faculty of Law, University of Bucharest. He graduated with merits the Faculty of Law and the Faculty of History of the University of Bucharest, l'Institut Franco-Roumain du Droit des Affaires et Cooperation Internationale "N.Titulescu-H.Capitant" and the National Defence College of Bucharest. He was director general for legal affairs, undersecretary of state and secretary of state for European affairs in the Romanian MFA. He was also Agent of the Romanian Government for ECHR. Currently, he is a member of the Permanent Court of Arbitration, substitute member of the Venice Commission of the Council of Europe and Agent of Romania before ICJ in the Case concerning Maritime Delimitation in the Black Sea (Romania v. Ukraine). This article was completed on 15 February 2007. The opinions expressed in this article are solely the author's.


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