Intervention: Expanding the bilateral dispute settlement model of international proceedings

Jane A. Hofbauer

Chapter 21 in Research Handbook on International Procedural Law, 2024, pp 426-447 from Edward Elgar Publishing

Abstract: Intervention constitutes an important procedural device in international litigation, with an increasing role to play in the years to come, owing to a growing interdependence in several areas of law. There has been continuous criticism of the reluctance of international judicial bodies to grant permissions for requests to intervene, as well as their often-times very narrow and casuistic application of the respective legal frameworks and provisions. A key issue relates to the threshold that courts and tribunals apply when examining whether the intervening party has a sufficient interest and how far the interpretation thereof should be expanded to also include broader (legal) interests of the international community. As becomes evident, whether permission to intervene will be granted is ultimately a matter of judicial policy and the self-perceived role of the respective international judicial body.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2024
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