International court of Justice part 1

Since the very existence of an international arbitral tribunal results from the will of the parties, it is not surprising that those parties should have a large say in the drawing up of its rules of procedure. The PCIJ, on the other hand, whose composition and jurisdiction were decided before any disputes were submitted to it, felt it proper to present parties with a pre-determined body of rules governing its and their conduct during proceedings. Its founders and its first members had available to them for this purpose sundry precedents in the practice of arbitral tribunals and of the Permanent Court of Arbitration, but they also to a large extent had to break new ground. They had to devise a procedure capable of satisfying the sense of justice of the greatest possible number of potential litigants and of placing them on a footing of strict equality. It was necessary for the Court to gain their confidence and, reciprocally, to have confidence in them. The Court accordingly sought to combine simplicity and an absence of formalism in the rules laid down with flexibility in the manner of their application. The PCIJ managed to achieve a rough balance between the various requirements it had to meet, and this balance has been preserved by the ICJ, which has acted with extreme prudence in changing the rules laid down by its predecessor.