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Intervening in International Justice
Third States before Courts and Tribunals

$125.00 (F)

Part of Cambridge Studies in International and Comparative Law

Author: Brian McGarry, Universiteit Leiden

Publication planned for: February 2025
availability: Not yet published - available from February 2025
format: Hardback
isbn: 9781009201605

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$ 125.00 (F)
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About the Authors

The intervention of States in legal proceedings touches upon some of the most beguiling questions in international dispute settlement. These include questions of treaty interpretation, obligations erga omnes, the sources of judicial power and rulemaking, the nature of incidental proceedings, the Monetary Gold doctrine of indispensable parties, cross-fertilization between judicial and arbitral bodies, and principles of jurisdiction, party autonomy, and res judicata. As jurists and scholars tend to address these questions in isolation, however, each development in third-State practice has raised unimagined issues of first impression-such as the 2022 declarations of dozens of States exploring mass intervention before the International Court of Justice in Ukraine v. Russia, and the participation of neighbouring States without China's presence in the 2016 South China Sea arbitration. By applying conceptual, comparative, and historical approaches to international justice, this book instead offers a uniquely holistic assessment of the practice and prospective development of intervention.
- Uses conceptual, comparative, and historical approaches to harmoniously resolve questions concerning intervention, offering the first truly comprehensive treatment of third-State intervention in a generation
- Compartmentalizes and explores aspects of intervention in a logical and easily referenced sequence, making one of the most obscure topics of international adjudication accessible to jurists and generalist scholars
- Contextualizes intervention across international courts, and foresees the development of this practice in arbitration, diversifying the reader's knowledge of intervention by integrating the law and practice of several courts and tribunals
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Product details
- Publication planned for: February 2025
- format: Hardback
- isbn: 9781009201605
- length: 352 pages
- dimensions: 229 x 152 mm
- availability: Not yet published - available from February 2025
Table of Contents
1. Introduction
2. The treaty framework of intervention before the international court of justice
3. The regulation of intervention by the international court of justice
4. The protection and limits of party autonomy in inter-state disputes
5. The legal interests of third states
6. The third-party effects of judicial decisions
7. The multiplication of intervention mechanisms
8. The prospect of intervention in inter-state arbitration
9. Conclusion.
Author
Brian McGarry, Universiteit Leiden
Brian McGarry became Assistant Professor of Public International Law at Leiden University after being appointed to teach dispute settlement at the Graduate Institute and Sciences Po Paris. He practices before the ICJ and ITLOS, and clerked for the PCA. His Ph.D. received the University of Geneva's award for best thesis in law or political economy.