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that fact is realised then one has, from reading

his Opinion, a quite vivid picture of what took

place in the deliberation and how it eventually

emerged.”30

Sir Robert went on to say:

“A rule of the confidentiality of the

deliberations must, if it is to be effective, apply

generally to the deliberation stage of a

tribunal’s proceedings and cannot realistically

be confined to what is said in a formal meeting

of all the members in the deliberation room.

The form or forms the deliberation takes varies

greatly from one tribunal to another. Anybody

who has had experience of courts and tribunals

knows perfectly well that much of the

deliberation work, even in courts like the ICJ

which have formal rules governing the

deliberation, is done less formally. In particular

the task of drafting is better done in small

30

Decision at p.4.

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