Criticism of Application of Article 59
(3,642 words)

paragraph 390 in volume 3, chapter 27, The Decision

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In his dissenting opinion in the Libya/Malta Continental Shelf (Application of Italy to Intervene) case, Judge Sir Robert Jennings raised serious criticism, not so much at Article 59 itself as at the Court’s use of it in dismissing Italy’s request for permission to intervene. The gist was that for many reasons the protection of third-party interests assumed to be provided by Article 59 is largely illusory. This was partly based on what Sir Robe…

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Malcolm N. Shaw, “Criticism of Application of Article 59”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 20 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0390>
First published online: 2017
First print edition: 20161001



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