The Protective Function of Article 59: the Non Party STATE
(2,124 words)

paragraph 388 in volume 3, chapter 27, The Decision

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The question of the savings effect of Article 59 in relation to a State which is not a party to the proceedings and has not submitted a request for permission to intervene, but whose interests are closely involved in a particular case arose for the first time in the Monetary Gold case.1 Here the jurisdiction of the Court was based on a complex arrangement envisaging a series of competing claims by Italy and by Albania to the gold in question. Italy, which instituted the proceedings in the Court, it…

Cite this page
Malcolm N. Shaw, “The Protective Function of Article 59: the Non Party STATE”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 24 June 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0388>
First published online: 2017
First print edition: 20161001



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