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The indirect regulation is found in the Court’s discretion, which is fueled by its need to remain impartial and legitimate in the eyes of community.
The direct regulation by the outside actors is often misconstrued as a concession, a necessary step of compromise to encourage the participation of states. However, this is not entirely true. It is a concession in that the Court yielded its monopoly on control. But the rationale behind this division of power is to protect the interest of the Court, not the interest of the state. It is in the interest of the Court to remain faithful to the law, but the monopoly of power would most likely cause it to become dysfunctional...
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