The previous chapter consists of a qualitative analysis of the functional interaction between questions, replies, comments and judicial reasoning. Has questioning from the Bench achieved its object and purpose, i.e. to assist the Court and is there room to optimize that functional role? In this chapter we examine whether questioning from the Bench has indeed achieved the object and purpose of assisting the Court. Looking at the future of question time at the ICJ we will explore different ways how the Court and the parties could optimize that functional role.

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Concluding Reflections: Revisiting the Functional Role of Questioning

  • Karel Wellens

摘要

The previous chapter consists of a qualitative analysis of the functional interaction between questions, replies, comments and judicial reasoning. Has questioning from the Bench achieved its object and purpose, i.e. to assist the Court and is there room to optimize that functional role? In this chapter we examine whether questioning from the Bench has indeed achieved the object and purpose of assisting the Court. Looking at the future of question time at the ICJ we will explore different ways how the Court and the parties could optimize that functional role.