The Project of a Permanent Court of International Justice And Resolutions of the Advisory Committee of Jurists : Report And Commentary

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The court may, however, consist of an even number of judges, and the judges may be evenly divided. What is to be done? Article 27 of the Draft Convention for the Court of Arbitral Justice provided that in such a case the vote of the junior judge should not be counted. But it might happen that this judge was the temporary member of the court appointed by one or other of the parties in litigation, and in such an event there would be an inequality at the moment of decision — the very time of all o
...thers when parties litigant should be on a footing of equality.
After discussion, it was decided that the opinion of the president should, in such cases, prevail. The president himself may be a citizen or subject of one of the parties. What then? This contingency was 128 either overlooked by the Committee, or the care with which the presi- dent is chosen seemed a guarantee that justice would not suffer even in such a case. Experience will show.
Article 55 The judgment shall state the reasons on which it is based.


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