AGLC4 Rule 10.2.3: Reported Decisions: Phase

Give the phase of the decision in italics and brackets after the parties, as it appears on the first or second page of the report, but omit any date in it and standardise the common forms for provisional measures, preliminary objections and jurisdiction. Procedural orders are described by the matter they concern, and by the date only where that is their sole description. A contentious case always has a phase; where there is only one decision, Judgment usually fits.

AGLC4 page 161

Format

Quoted from the Guide, page 161
(Order on Name of Matter)
(Order on Full Date)

A boxed element is filled in with the source's details; everything outside a box is written exactly as shown.

Formatting

  • The phase is italic, inside italic round brackets, one space after the parties bracket.
  • The phase is in title case and follows chapter 1.
  • Any date within the phase is omitted.
  • Orders on provisional measures, interim measures of protection and the like are described as Provisional Measures.
  • Decisions on preliminary objections are described as Preliminary Objection or Preliminary Objections, as appropriate.
  • Jurisdiction of the Court becomes Jurisdiction.
  • A procedural order is described with Order on and the name of the matter, not Order of and a date.
  • Only where a date is the order's sole description is it written Order on and the full date.

Examples

Quoted from the Guide, page 161
  1. 8
    United States Diplomatic and Consular Staff in Tehran (United States of America v Iran) (Provisional Measures) [1979] ICJ Rep 7, 12 [10]–[11]. [Not: … (Request for the Indication of Provisional Measures) [1979] …]
  2. 9
    South West Africa (Ethiopia v South Africa) (Preliminary Objections) [1962] ICJ Rep 319, 378. [Not: … (Ethiopia v South Africa) (Judgment of 21 December 1962) …]
  3. 10
    Right of Passage over Indian Territory (Portugal v India) (Merits) [1960] ICJ Rep 6.
  4. 11
    Asylum (Colombia v Peru) (Judgment) [1950] ICJ Rep 266.
  5. 12
    Nuclear Tests (New Zealand v France) (Order on Application by Fiji for Permission to Intervene) [1973] ICJ Rep 324. [Not: … (Order of 12 July 1973 — Application by Fiji for Permission to Intervene) …]
  6. 13
    Nuclear Tests (New Zealand v France) (Order on 6 September 1973) [1973] ICJ Rep 341.

Not

Quoted from the Guide, page 161
  • [Not: … (Request for the Indication of Provisional Measures) [1979] …]
    the phase is standardised as Provisional Measures
  • [Not: … (Ethiopia v South Africa) (Judgment of 21 December 1962) …]
    the phase names what was decided and omits the date
  • [Not: … (Order of 12 July 1973 — Application by Fiji for Permission to Intervene) …]
    a procedural order is described by Order on and its subject matter, without the date

Forms in the rule

Quoted from the Guide, page 161
  • ‘interim measures of protection’
  • ‘(Provisional Measures)’
  • ‘preliminary objections’
  • ‘Jurisdiction of the Court’
  • ‘(Jurisdiction)’
  • ‘(Preliminary Objections)’
  • ‘(Merits)’
  • ‘(Judgment)’

See also

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Formats, examples, passages, tables and the forms marked Not are quoted from the Australian Guide to Legal Citation (4th ed, Melbourne University Law Review Association, 2018), with the page of the Guide they appear on. Titles, summaries and explanations are our own.