The growing participation of international organizations and non-state actors in international litigation: an empirical map of the international Court of Justice
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2023
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Over the last decades, Intergovernmental organizations have increased their involvement in the process of international law-making. Recent changes also include the participation of new actors and a more influential role of the judicial bodies attached to Intergovernmental organizations (IGOs). Having the International Court of Justice (ICJ) as a focus, this analysis will address the potential and limits of the participation of IGOs and Non-State Actors (NSAs) in contentious and advisory proceedings. Amici curiae‘are those actors who do not themselves have a legally protected interest in the particular case and yet want to intervene’, thereby opening bilateral litigation to issues of public or general interest. The ICJ Statute and Rules of Court contain no provision providing for amicus curiaeparticipation in contentious cases. A similar situation occurs as far as advisory proceedings are concerned: there is no express provision for amicus curiae participation. There is no doubt that ICJ procedural law remains outdated and disconnected from the contemporary developments characterizing the international community nowadays. The participation of members of the international society in law-making has become one of the basic features of international law. By applying empirical research methodology for mapping the ICJ practice concerning the submission of relevant information to the Court, this research aims to discuss the limits and the potentials of the available mechanisms for ensuring the participation of IGOs and NSAs in contentious cases and advisory proceedings.