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Pay No Attention to that Man behind the Curtain: the Role of Civil Society and Other Actors in Decisions to Litigate at the International Court of Justice

In: Max Planck Yearbook of United Nations Law Online
Author:
Michael A. Becker Assistant Professor, School of Law, Trinity College Dublin

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Abstract

The Statute of the International Court of Justice provides that only States may appear as parties before the Court. But other types of actors (non-governmental organizations, corporations, international organizations) can play a key role in persuading States to initiate ICJ proceedings, whether in the form of a contentious case or by supporting an advisory opinion request. Historically, the ICJ has shown little concern with the behind-the-scenes role played by civil society groups or other actors. The overarching question is whether the Court’s approach has been sound, or whether there are scenarios that might justify the Court taking a different approach to policing its jurisdiction or the admissibility of claims when behind-the-scenes actors have successfully exerted a degree of influence over a decision to initiate proceedings.

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