Chapter

A New Way for Submitting Observations on the Construction of Multilateral Treaties to the International Court of Justice

Giorgio Gaja

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0042
A New Way for Submitting Observations on the Construction of Multilateral Treaties to the International Court of Justice

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The impact of judgments by the International Court of Justice (ICJ) goes far beyond the effects that, according to Article 59 of the ICJ Statute, judgments produce between the States parties to a case. The Court's assessment of the existence and content of rules of international law is likely also to affect States that are not parties to the judicial proceedings. While the latter States are not technically bound by judgments rendered between other States and thus are free to develop their arguments as if no judgment had been given, it is clear that the Court's rulings in previous cases will provide a significant precedent from which the Court will not easily depart. When States that are not parties to a case are likely to be affected by the judgment to be rendered, they may wish to submit to the Court their views on questions relating to the existence or content of a rule of international law that may arise. Generally, what is at stake will be a State's individual interest; however, it could also be one of the ‘common interests of the international community’ which underlie the rule of international law.

Keywords: international law; State; common interest; rule of law

Chapter.  4000 words. 

Subjects: Public International Law

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