IUCN's Amicus Curiae Submission in the Climate Change Advisory Opinion: Wind of Changing Practice at the ICJ?
Date
2025-05-06
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Journal Title
The International Lawyer
Volume
58
Issue
1
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Abstract
Apparently, there is an increasingly relaxed approach to receiving amicus curiae briefs from non-state actors, particularly non-governmental organizations. The International Court of Justice (ICJ) has remained quite restrictive, balking against the general trend. It is not only that the Statute of the ICJ bars non-governmental organizations from invoking contentious and advisory jurisdiction of the Court, but the Court, through its Rules, has virtually shut the door for them to submit amicus curiae briefs. In light of the recent submission by the International Commission for Conservation of Nature (IUCN), by analyzing the various legal and policy issues, this article suggests that the Rules of the Court should be amended to allow amicus curiae briefs by NGOs.
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Department Name
Law
Publisher
North South University