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Settlement of disputes before the ICJ: The case of public interest litigation

In: Research Handbook on International Procedural Law

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  • Dai Tamada

Abstract

This chapter elucidates the legal basis and the procedural requirements of public interest litigation in the ICJ, against the background of two fundamental queries. The first is whether the ICJ may have changed its position on the notion of standing, in light of its judgments issued in 1966 and 1970? The author examines the ICJ’s approach and concludes that there was no contradiction between the two judgments. The second question is whether the ICJ may have espoused the ILC’s position under Article 48 ARSIWA? In this context, it is important to recall that the ICJ has yet to expressly refer to Article 48 when admitting public interest litigation. The analysis leads to the conclusion that the respective understanding by the ICJ and the ILC of the legal effect of obligations erga omnes partes is not entirely aligned, which may be the reason why the ICJ has yet to affirm whether its position is identical to that of the ILC.

Suggested Citation

  • Dai Tamada, 2024. "Settlement of disputes before the ICJ: The case of public interest litigation," Chapters, in: Joanna Gomula & Stephan Wittich & Markus Stemeseder (ed.), Research Handbook on International Procedural Law, chapter 15, pages 330-349, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:18416_15
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    File URL: https://www.elgaronline.com/doi/10.4337/9781788970792.00028
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    Law - Academic;

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