64 research outputs found
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The individual in the law and practice of the International Court of Justice /
No full text"Yusra Suedi challenges narratives around the limitations of individuals before the World Court, at a time where it is more relevant than ever in resolving global crises related to their protection. This insightful critique presents the wealth of potential to further include individuals in the Court's law and practice"-
NGOs as amicus in investor-state arbitration: Addressing public interest and human rights issues
No full textIt is argued that the organisations that are best suited to represent the interests of the affected people of the host state and advocate for the protection of human rights in investor-state arbitration are non-governmental organisations (NGOs). According to the authors, NGOs allow public interest considerations to be taken into account while the tribunal broadly looks at all the issues involved in the dispute. It is also argued that NGOs, by being permitted to participate in arbitral proceedings, ensure transparency, which is often regarded as one of the primary solutions to the negative reactions to investor-state arbitration. To that extent, this chapter will attempt to explore public interest litigation vis-à-vis amicus participation in investor-state arbitration. Notably, this chapter begins by examining why human rights are not assigned the desired importance in most investor-state treaties and agreements. The second section discusses why the ‘interests of the public’ in the host state need to be represented in investor-state arbitral proceedings. The third section delves into analysing the potential role that NGOs can play in representing ‘public interests’ and ‘human rights’ issues before the arbitral tribunals through recent case studies. The fourth section discusses the safeguards and measures that can be taken to address the criticisms that have been levelled against the permitting of amicus curiae interventions in investor-state arbitral proceedings
International Law
No full textThis entry advances that the inequality of nations seeps into the practice of international law, making the latter an arguably challenging tool for developing countries to achieve their socio-economic objectives
Third-party intervention before the international court of justice:A tool for litigation in the public interest?
No full textThis chapter empirically maps and discusses the International Court of Justice (ICJ) practice concerning all forms of submitting relevant information to the court by a variety of state and non-state actors (NSAs) under its existing Statutes and Rules provisions, with a focus on contentious proceedings, notably when community interests are at stake. The empirical research was designed to assess all requests, applications and submissions presented to the ICJ and the notifications issued by the court to the relevant actors (accepted and declined), as well as other informal ways of submitting information to the Court. The chapter posits that states and NSAs may participate in and influence international dispute settlement in various capacities, both formally and informally, and while their formal role has yet to be more broadly explored, their informal participation in international disputes must also be taken into account
Public Interest Litigation in International Law
No full textIn a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future
Litigating Climate Change before the Committee on the Rights of the Child in Sacchi v Argentina et al.: Breaking New Ground?
No full textIn September 2019, 16 children petitioned against Argentina, Brazil, France, Germany and Turkey before the United Nations Committee on the Rights of the Child (UNCRC) in what has come to be known as the Sacchi case. The children requested that the UNCRC find that those States had caused and perpetuated climate change by knowingly disregarding scientific evidence, and that, in so doing, they had violated the children's human rights. In October 2021, the UNCRC dismissed the petition upon the grounds that it was inadmissible, as the petitioners had failed to exhaust domestic remedies. The Sacchi case gave rise to new challenges with regards to the admissibility of the decision: beyond the exhaustion of domestic remedies, the UNCRC had to grapple with the issue of victimhood in the context of climate change and extraterritorial climate obligations conferred to States in the Convention on the Rights of the Child. The Office of the High Commissioner for Human Rights declared the Sacchi decision a 'historic ruling'. But did the UNCRC's conclusions in Sacchi truly break new ground? This article explores that question by examining the three admissibility criteria in turn: extraterritorial jurisdiction, victimhood, and the exhaustion of domestic remedies
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The Individual in the Law and Practice of the International Court of Justice
No full textThe cornerstone of the World Court's identity is its resolution of inter-state disputes. This insightful critique challenges the implication that individuals have little importance in such disputes as a result. Arguing for individuals' enhanced integration, it reveals their relevance in a myriad of disputes beyond those centred on violations of multilateral human rights treaties and unveils a multitude of procedural practices with unquenched potential. It also carefully unpacks and interrogates the Court's legal reasoning in various contexts such as territorial and maritime disputes, amongst others. Finally, it critically analyses and evaluates the legal and political underpinnings for the Court's approaches and state litigants' choices from a lens of social idealism. This pioneering study sheds light on the imbalance between individuals as key stakeholders in inter-state disputes and their treatment in law and practice
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