Abhandlungen
ABHANDLUNGEN Dissenting and Individual Opinions in the International Court of justice) Edvard Hambro I. The question of dissent within courts of justice consisting of more than a single judge is difficult and complicated. It has been given different solu- tions in various countries and throughout history. The solution given to the problem in international courts has also differed widely, and it cannot be said that there is unanimity on the point even today. The question is also to some extent rather peculiar because it would seem that individual judges through their dissents have contributed greatly to the development of municipal law 2) whereas this would not seem to be the case in the International Court 3). One coptributing reason for this is undoubtedly the rarity of international awards. Whereas national judgments in each individual country can be counted by the hundreds every year, international awards can generally be 1) For literature see particularly Manley 0. H u d son, International Tribunals, Past and Future, Washington D.C. 1944 p. 111 ff. and The Permanent Court of Inter- national Justice, 1920-1942, New York 1943, p. 205 and 588; Heinrich L a m m a s c h, Die Rechtskraft Internationaler SchiedssprUche, Kristiania 1913 p. 77 ff., A. Merignhac, Traite th6orique et pratique de I'Arbitrage international, Paris 1895, p. 273 ff.; Graf S t a u f f e n b e r g, Statut et Reglement de la Cour Permanente de justice Internationale, Berlin 1934, p. 410 ff.; J. L. T o f f i n, La Dissidence la Cour Permanente de justice Internationale, Paris 1937 and J.
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