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After this case, the Court has shifted from a “tradition of flexibility” to a “formalistic approach” (Judge Cançado Trindade, dissenting opinion), adding another impediment to accessing international adjudication. At the same time, they want to stability this concern against the worldwide community’s interest in offering entry to justice and promoting the peaceable settlement of disputes. Activate Your Complimentary Access To Nytimescom, Offered By Your Faculty, College Or UniversityActivate Your Complimentary Entry To Nytimescom, law firm Kyrgyzstan Provided By Your Faculty, College Or Universityactivate your complimentary access to nytimescom, provided by your school, faculty or universityMarshall Islands LawyerMarshall Islands Lawyer

This majority’s novelty in assessing the existence of a dispute did not move unnoticed by different judges. This is all of the extra necessary at the ICJ given how tough it is to grab its jurisdiction.

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To me formalism just isn’t so much the cause for the conservative stances taken by the Court lately, however quite the vehicle by which these stances are reworked into authorized reasoning and judicial outcomes.

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