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Chinese Journal of International Law Advance Access originally published online on October 1, 2008
Chinese Journal of International Law 2008 7(3):691-698; doi:10.1093/chinesejil/jmn038
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© The Author 2008. Published by Oxford University Press. All rights reserved

COURTS AND TRIBUNALS

Notes on the International Court of Justice (Part 1):{dagger} Arguments for the Publication of the Rule-making Materials

Sienho Yee*

Correspondence: * Professor, Wuhan University Institute of International Law (email: sienho{at}chinesejil.org). I am grateful to Hugh Thirlway and Shabtai Rosenne for their most useful comments on an earlier draft. The responsibility for the essay is mine alone in my personal capacity. This essay was completed on 25 September 2008.

The current non-publication of the travaux préparatoires of the International Court of Justice Rules of Court is not easy to justify. There are concrete examples in which the availability of these materials will aid the interpretation of the Rules. Furthermore, broader considerations such as the spirit of the Statute, the prevailing trend in the world, the need to promote the rule of law, to inspire greater confidence in the Court and to improve efficiency in litigation before the Court all militate in favour of publication.

{dagger} It is intended that a series of "Notes on the International Court of Justice" will be published by this author from time to time in this Journal, in the light of the importance of the law and practice of the ICJ for the international legal system.


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