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26 Intervention by Third States

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Chapter Summary

The basic assumption underlying the Statute and the Rules of Court is that there are two parties in contentious cases, and that for third parties an adversarial contentious proceeding is res inter alios acta. The very concept of intervention itself is controversial against the background of the consensual basis of the jurisdiction of the Court to decide any case. The Rules of Court adopted before 1978 are mainly of historical interest today, and illustrate the evolution of the Court's thinking on the matter. Some explanations and interpretations of the 1978 Rules have been made by members of the Court who took part in the work of revision as well as in formal judicial pronouncements. The intervention was only admitted in respect of a new aspect of the relevant convention which the Court had not been called upon to consider before.

Keywords: International Court; intervention; jurisdiction



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