If one, for now, sets aside the Court’s inconsistent jurisprudence, it would seem to be the case that the advisory proceedings regarding the Chagos Archipelago touch upon a legal question, even a dispute, actually pending between the UK and Mauritius.
This would mean that the
Court should allow the appointment of Judge(s) ad hoc, if of course the relevant states so request. However, whether the relevant states would wish to make the request is itself an interesting question. In some ICJ advisory proceedings where there was arguably a legal question pending buy bulk sms service two or more participants in the proceedings, such as the Wall Advisory Opinion, the relevant participants did not seek the appointment of a Judge ad hoc.
The question faced by Mauritius is one of litigation tactics/strategy. For Mauritius, the state that does not improving the post-purchase experience through technology a judge of its nationality on the bench, to argue that it wishes to appoint a Judge ad hoc is to admit that there is a legal question pending between it and the UK. However, that then comes close to admitting the proceedings relate to a bilateral dispute between it and the UK, the very argument it would be seeking to reject when it argues that the Court should exercise its discretion to hear the advisory proceedings. For the UK, the question of a Judge ad hoc only rises should Judge Greenwood not be involved in deciding on the advisory opinion.
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