Rosenne's Law and Practice of the International Court: 1920-2015

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The ‘Incidental’ Character of Intervention
(2,527 words)

paragraph 364 in volume 3, chapter 26, Intervention by Third States

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It is obvious that as intervention is ex definitione an incidental proceeding, the full extent of the Court’s jurisdiction with regard to an intervention will follow from its jurisdiction over the merits of the case before it, regardless of the attitude of the principal parties in that case towards the projected intervention. This is illustrated by the attempt of Fiji to intervene on the basis of Article 62 in the Nuclear Tests cases. Here, after the Court had become aware in incidental provi…

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Malcolm N. Shaw, “The ‘Incidental’ Character of Intervention”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 20 March 2023 <>
First published online: 2017
First print edition: 20161001

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