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Permanent Court of International Justice - Melbourne Manual for International Law Citation ( MMILC )

Permanent Court of International Justice

From MMILC

(Redirected from PCIJ)

Contents

General Rule

NOTE: This rule is the same as for the International Court of Justice.

<Case Name> (<Parties’ Names>) (<Phase>) [<Year>] PCIJ (ser A/B) No <case no>, <Pinpoint> (‘<Abbreviated Case Name>’).

Case Name

Rule
  • The case name should be written in italics as it appears on the first page of the report, except that:
  • introductory articles such as ‘The’ and the words ‘Case’ or ‘Case Concerning’ should be omitted;
  • full stops should not be used in abbreviations; and
  • capitalisation should adhere to the Capitalisation rule.
  • The names of countries in the case name should not be abbreviated (for example, use ‘United Kingdom’ and ‘United States’ as appears on the title page of the case report).
  • However, parties' names may be abbreviated when including them in parentheses after the case name.

Parties’ Names

Rule
  • The names of the parties should be italicised and included within parentheses, following the case name.
  • The names may be abbreviated here (for example, US and UK).
  • Where there is more than one party on one side, only the name of the first party should be used (for example, New Zealand v France, NOT New Zealand and Greenpeace v France).

Phase

Rule
  • Where applicable, the phase of the action should be italicised and included within parentheses after the parties’ names. Phases include:
  • Jurisdiction
  • Judgment
  • Merits
  • Oral/Written Pleadings of <State>
  • Orders
  • Preliminary Objections

Year, Volume Number and Name of Publication

Rule
  • The year should be included before the name of the publication in square brackets.
  • Where there is more than one volume produced in the year, the volume number should also be included, immediately after the year.
  • The series should also be indicated.
Example Borchgrave (Belgium v Spain) (Preliminary Objections) [1937] PCIJ (ser A/B) No 72, 168.

Starting Page or Case Number

Rule
  • Cases of the PCIJ should be cited by the case number rather than starting page.

Pinpoint

Rule
  • Page numbers should be used for pinpoints.
  • Paragraph numbers should only be used where page numbers are not available, such as if the case is only available online.
  • The correct page number is the number at the top of the page, being the higher number, that does not start again.

Dissenting Judgments

Rule
  • Where there are numerous dissenting judgments, all to be cited in one footnote, there is no need to repeat the citation (or internet address).

The following format should be used:

<Case Name> (<Parties’ Names>) (Phase) [Year] ICJ Rep <Starting page>, <Pinpoint> (Separate Opinion of Judge <Name>); <Pinpoint> (Separate Opinion of Judge <Name>).

NOTE:

  • When citing another source after this citation, a semicolon may not be used to separate the two citations, as there is already a semicolon in the citation itself.
  • Instead, use a full stop to separate the two citations, then introduce the next citation with an introductory signal such as ‘See also…’.

Advisory Opinions

Rule
  • When citing an advisory opinion, the phrase ‘(Advisory Opinion)’ should be placed where the phase would normally be, immediately after the case name and in place of the parties' names.

Example

Lotus Case (France v Turkey) (Judgment) [1927] PCIJ (ser A) No 10.

Location

  • The Permanent Court of International Justice sat between 1922–40. The documents are not available on Westlaw or Lexis but a complete set is available in hard copy.
  • The documents are issued in series:
  • Series A: Collection of Judgments (1922–30)
  • Series B: Collection of Advisory Opinions (1922–30)
  • Series A/B: Judgments, Orders and Advisory Opinions (1931–40)
  • Series C: Acts and Documents relating to Judgments and Advisory Opinions given by the Court (1922–30)
  • Series C: Pleadings, Oral Statements and Documents (1931–40)
  • Series D: Basic Documents
  • Series E: Oral Statements
  • Series F: Indexes
  • All are found at UniM Law KC 21 PERM.
The Melbourne University Law Review Association and the Australian Guide to Legal Citation do not endorse these rules and the rules contained in the MMILC do not in any way modify or change the rules contained in the Australian Guide to Legal Citation

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