Inadequacies of Article 59
(2,183 words)

paragraph 389 in volume 3, chapter 27, The Decision

previous paragraph

Above all, it is in relation to the applications for permission to intervene under Article 62 of the Statute that a new side to the protective force of Article 59 has been revealed. In this connection it is recalled that Article 59 was inserted into the Statute essentially in order to complete the statement of the law regarding third party intervention in current judicial proceedings as contained in the Statute and to maintain the general principle of the relativity of any res judicata (see chapter 26, § III.356).

The firs…

Cite this page
Malcolm N. Shaw, “Inadequacies of Article 59”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 24 March 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0389>
First published online: 2017
First print edition: 20161001



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