FGV Applied Research Network (RPCAP)
Mapping the 'community' in community interest Litigation
The FGV Applied Research Network has funded the project.
In recent decades, the participation of state and non-state actors in the international law-making process has become one of the basic features of international law. Recent changes also include the participation of new actors and a more influential role of judicial bodies linked to IGOs. As multifunctional actors, international courts and tribunals (ICTs) perform important functions, such as the development of normative expectations. Therefore, the role of ICTs encompasses the protection and development of the international community and its values.
The jurisprudence of the International Court of Justice (ICJ) also deals with issues involving community interests or individual rights. Notably, human rights cases are not only being litigated in courts established specifically for this purpose. There is a growing trend that international litigation has rarely been a matter of private concern or interest that exclusively affects the disputing parties.
By applying empirical research methodology to map the practice of the ICJ with regard to State and NSA notifications and other forms of submitting relevant information to the Court under the ICJ Statute and Rules, this research addresses the potential and limits of State and NSA participation in both contentious cases and advisory proceedings. It goes beyond describing and exemplifying formal avenues of participation and presents a comprehensive picture of the ICJ's contentious and advisory practice.