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Opening the International Court of Justice to Third States: Intervention and Beyond

Opening the International Court of Justice to Third States: Intervention and Beyond I. Introduction II. Towards an Enlargement of the Scope of Intervention under Article 62? 1. Intervention Limited to the Subject-Matter of the Dispute before the Court 2. Intervention Prompted by an Interest in the Reasoning of the Court 3. Limits to Intervention under Article 62 III. Beyond Intervention: Amici Curiae before the International Court? 1. Power of the Court to Accept Amicus Curiae Briefs 2. Amicus Curiae Briefs before Other International Tribunals 3. The Need for Balancing Respect for Party Autonomy and Participa- tion of Amici Curiae 4. Amici Curiae and Erga Omnes Obligations IV Concluding Remarks I. Introduction In its judgement in the Continental Shelf (Libyan Arab Jamahiriyal Malta) Case, Application by Italy for Permission to Interuene (herein- after the Application by Italy Case), the ICJ said that "a state which considers that its legal interest may be affected in a pending case has the choice [...] whether to intervene, thus securing a procedural economy of means, [...] or to refrain from intervening, and to rely on Article 59".l While it is true that a state not party to the proceedings may have such a choice, this does not imply, contrary to what the Court seems to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Max Planck Yearbook of United Nations Law Online Brill

Opening the International Court of Justice to Third States: Intervention and Beyond

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Publisher
Brill
Copyright
Copyright 2002 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1389-4633
eISSN
1875-7413
DOI
10.1163/187574102X00059
Publisher site
See Article on Publisher Site

Abstract

I. Introduction II. Towards an Enlargement of the Scope of Intervention under Article 62? 1. Intervention Limited to the Subject-Matter of the Dispute before the Court 2. Intervention Prompted by an Interest in the Reasoning of the Court 3. Limits to Intervention under Article 62 III. Beyond Intervention: Amici Curiae before the International Court? 1. Power of the Court to Accept Amicus Curiae Briefs 2. Amicus Curiae Briefs before Other International Tribunals 3. The Need for Balancing Respect for Party Autonomy and Participa- tion of Amici Curiae 4. Amici Curiae and Erga Omnes Obligations IV Concluding Remarks I. Introduction In its judgement in the Continental Shelf (Libyan Arab Jamahiriyal Malta) Case, Application by Italy for Permission to Interuene (herein- after the Application by Italy Case), the ICJ said that "a state which considers that its legal interest may be affected in a pending case has the choice [...] whether to intervene, thus securing a procedural economy of means, [...] or to refrain from intervening, and to rely on Article 59".l While it is true that a state not party to the proceedings may have such a choice, this does not imply, contrary to what the Court seems to

Journal

Max Planck Yearbook of United Nations Law OnlineBrill

Published: Jan 1, 2002

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