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The Notion “Interest of the Legal Nature” in the International Court of Justice’s Jurisprudence

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Gawłowicz I.

Applied Linguistics Papers

2018

issue 25/4

183-193

The possibility of the intervention of the third state in cases before the International Court of Justice (ICJ or the Court) is determined by the existence of the “interest of the legal nature” that may be affected by the decision in the case on the side of the intervenient – to – be state. Author analyses the meaning given to this concept by International Court of Justice and the way ICJ uses it in its jurisprudence. The special attention is paid to the search for the difference between the popular civil term “legal interest” and the ICJ’s “interest of the legal nature” – author examines if ICJ uses those two terms synonymously and, if so, why. If on the other hand the Court does not do it, author studies, what meaning the Court attributes to each of them. The ongoing consideration is limited to the interventions based on the art. 62 of the Statute of the International Court of Justice with no reference to any form of participation in the proceedings before the Court based on the art. 63 Statute. Author emphasizes the role of the Court’s statements in the development of the rules of public international law and its contribution to create the international legal language.

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The Notion “Interest of the Legal Nature” in the International Court of Justice’s Jurisprudence