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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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

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

Chapter:
(p.665) A New Way for Submitting Observations on the Construction of Multilateral Treaties to the International Court of Justice
Source:
From Bilateralism to Community Interest
Author(s):

Giorgio Gaja

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0042

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

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