Judgments Infra Petita

摘要: It is in principle for the parties to set out subject-matter of a given dispute, both arbitration and before ICJ. However, any amendment submission appreciated by ICJ not only light procedural equality (as case arbitration), but also with regard position third parties. Moreover, arbitral tribunals have power interpret parties’ submissions, seems perform this task greater flexibility than ad hoc tribunals. This trend even clearer as regards decisions declining exercise jurisdiction reasons judicial propriety. Particularly context, multi-faceted approach Court notion ‘judicial function’ becomes apparent.