Section 49p. 49

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

qualified publicists of the various nations, as

subsidiary means for the determination of rules of

law.

2. This provision shall not prejudice the power of the

Court to decide a case ex aequo et bono , if the parties

agree thereto.

CHAPTER III PROCEDURE

Article 39

1. The official languages of the Court shall be French and

English. If the parties agree that the case shall be

conducted in French, the judgment shall be delivered in

French.

If

the parties agree that the case shall be

conducted in English, the judgment shall be delivered in

English.

2. In the absence of an agreement as to which language

shall be employed, each party may, in the pleadings, use

the language which it prefers; the decision of the Court

shall be given in French and English. In this case the

Court shall at the same time determine which of the two

texts shall be considered as authoritative.

3. The Court shall, at the request of any party, authorize a

language other than French or English to be used by that

party.

Article 40

1. Cases are brought before the Court, as the case may be,

either by the notification of the special agreement or by a

written application addressed to the Registrar. In either

case the subject of the dispute and the parties shall be

indicated.

2.

The

Registrar

shall

forthwith

communicate

the

application to all concerned.

3. He shall also notify the Members of the United Nations

through the Secretary-General, and also any other states

entitled to appear before the Court.

Article 41

1. The Court shall have the power to indicate, if it considers

that circumstances so require, any provisional measures

which ought to be taken to preserve the respective rights

of either party.

2. Pending the final decision, notice of the measures

suggested shall forthwith be given to the parties and to

the Security Council.

Article 42

1. The parties shall be represented by agents.

2. They may have the assistance of counsel or advocates

before the Court.

3. The agents, counsel, and advocates of parties before

the Court shall enjoy the privileges and immunities

necessary to the independent exercise of their duties.

Article 43

1. The procedure shall consist of two parts: written and

oral.

2.

The

written

proceedings

shall

consist

of

the

communication

to

the

Court and to the parties of

memorials, counter-memorials and, if necessary, replies;

also all papers and documents in support.

3. These communications shall be made through the

Registrar, in the order and within the time fixed by the

Court.

4. A certified copy of every document produced by one

party shall be communicated to the other party.

5. The oral proceedings shall consist of the hearing by the

Court

of

witnesses,

experts,

agents,

counsel,

and

advocates.

Article 44

1. For the service of all notices upon persons other than

the agents, counsel, and advocates, the Court shall apply

direct to the government of the state upon whose

territory the notice has to be served.

2. The same provision shall apply whenever steps are to

be taken to procure evidence on the spot.

Article 45

The hearing shall be under the control of the President or,

if he is unable to preside, of the Vice-President; if neither

is able to preside, the senior judge present shall preside.

Article 46

The hearing in Court shall be public, unless the Court

shall decide otherwise, or unless the parties demand that

the public be not admitted .

Article 47

1. Minutes shall be made at each hearing and signed by

the Registrar and the President.

2. These minutes alone shall be authentic.

Article 48

The Court shall make orders for the conduct of the case,

shall decide the form and time in which each party must

conclude its arguments, and make all arrangements

connected with the taking of evidence.

Article 49

The Court may, even before the hearing begins, call upon

the agents to produce any document or to supply any

explanations. Formal note shall be taken of any refusal.

Article 50

The Court may, at any time, entrust any individual, body,

bureau, commission, or other organization that it may

select, with the task of carrying out an enquiry or giving

an expert opinion.

Article 51

During the hearing any relevant questions are to be put

to the witnesses and experts under the conditions laid

down by the Court in the rules of procedure referred to in

Article 30.

Article 52

After the Court has received the proofs and evidence

within the time specified for the purpose, it may refuse to

accept any further oral or written evidence that one party

may desire to present unless the other side consents.

Article 53

1. Whenever one of the parties does not appear before the

Court, or fails to defend its case, the other party may call

upon the Court to decide in favour of its claim.

2. The Court must, before doing so, satisfy itself, not only

that it has jurisdiction in accordance with Articles 36 and

37, but also that the claim is well founded in fact and law.

Article 54

1. When, subject to the control of the Court, the agents,

counsel,

and

advocates

have

completed

their

presentation of the case, the President shall declare the

hearing closed.

2. The Court shall withdraw to consider the judgment.

3. The deliberations of the Court shall take place in private

and remain secret.

Article 55

1. All questions shall be decided by a majority of the

judges present.

2. In the event of an equality of votes, the President or the

judge who acts in his place shall have a casting vote.

Article 56

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