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Making and enforcing procedural law at the International Court of Justice

1. Introduction The International Court of Justice (ICJ or the Court) appears to enjoy a relatively wide freedom in procedural matters. The ICJ’s Statute does not contain detailed rules and the Court has considerable leeway in interpreting them and, eventually, in filling the gaps. States parties to the Statute have few means at their disposal...

Judgment 238/2014 of the Italian Constitutional Court: In search of a way out

In Judgment 238/2014 the Constitutional Court unhesitatingly gave precedence to the right to jurisdictional protection over compliance with international law. The high costs of the judgment in terms of respect for international law – and of the constitutional values enshrined in Articles 10 and 11 of the Italian Constitution – are apparent. Yet, taking into...