法令
清晰
政治学
法学
惯例
口译(哲学)
国际公法
国际法
维也纳条约法公约
法律与经济学
社会学
化学
哲学
生物化学
语言学
出处
期刊:The law and practice of international courts and tribunals
[Brill]
日期:2024-12-06
卷期号:23 (3): 413-437
标识
DOI:10.1163/15718034-bja10123
摘要
Abstract Article 63(2) of the ICJ Statute foresees that the construction of a convention contained in a judgment will be “equally binding” upon intervening States. While it is clear that the object and purpose of this provision is to facilitate a coherent interpretation of multilateral conventions, the extent of its binding force is contested. This article seeks to explore the possible interpretations of Article 63(2). The construction of this provision’s legal effects could impact States’ decisions whether to intervene and on which basis. This article argues that its binding force needs to be construed narrowly. It contends that any binding force is limited by Article 59 resulting in the intervening States and the parties being bound between themselves and in respect of the particular case only. As a result, while such narrowly construed binding force has modest effects, it causes fewer frictions with the ICJ Statute and other rules of international law.
科研通智能强力驱动
Strongly Powered by AbleSci AI