Participation of Non-State Actors in ICJ Proceedings
Law and Practice of International Courts and Tribunals, 2012
Posted: 3 Nov 2011
Date Written: November 2, 2011
This article examines the participation of non-state actors, and particularly non-state territorial entities and NGOs in ICJ proceedings from both a doctrinal and a practical perspective. An evaluation of the practice of the ICJ against the framework of its Statute sheds light both on the ICJ’s openness to the expanding variety of actors in the international arena, and on the characteristics of such actors that govern the extent to which the Court allows them access to proceedings. The study reveals remarkable flexibility on the part of the ICJ in allowing participation of NSAs in advisory opinions involving territorial entities aspiring to statehood or of otherwise indeterminate territorial status, but has remained largely closed to other participation of NSAs. The article proposes a framework for understanding the practice of the ICJ, based on the nature of the NSA, the content of the dispute, and procedural requirements of justice.
Keywords: ICJ, non-state actors, quasi-states, advisory opinions, amici curiae
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