Opening the World Court to State and Non-State Actors in Contentious Cases: Reality or Utopia?

Abstract

Over the last decades, the participation of State and non-State actors in law-making has become one of the basic features of international law. Considering the International Court of Justice (ICJ) as a focus, this analysis will discuss the potential and limits of Non-State Actors (NSA)’s participation, as ‘friends of the Court,’ in contentious proceedings. The ICJ Statute and Rules of Court contain no provision on amicus curiae participation in contentious cases. The lack of an express mention does not indicate, however, that this practice would be proscribed by the Court. This research applies an empirical methodology for mapping the ICJ’s practices concerning forms of submitting relevant information to the Court in contentious proceedings. Broadening the possibilities for participation would imply the recognition of the plurilateral nature of international disputes, notably when global public goods are at stake. If the goal is to ‘introduce public interest considerations’, then the ‘friends of the Court’ could also contribute to upholding rules aimed at protecting the international community’s fundamental values and, ultimately, strengthening the democratic legitimation of judicial decisions.