14 - The Stage

Summary

This chapter fast-forwards to the days of the hearing. It offers an overview of the oral pleadings, the exchanges between the parties, and the interactions between the litigants and the bench. The analysis seeks to dispel the common misunderstanding that a hearing entails a free-flowing and spontaneous discussion. In fact, it often looks like a tightly choreographed play where agents, counsel, adjudicators, and court officials each follow their script. All participants embrace their role as actors and gleefully contribute to this staged performance. The theatrics of the hearing serve a twofold purpose. On the one hand, they enable the professionals involved to come together, tacitly acknowledge one another, and enhance their relative prestige. On the other hand, they help convey the symbolic force of international adjudication as the center-stage of peaceful governance.