Opening the World Court to the International Community: an Empirical Analysis of Non-party Participation in the International Court of Justice.

Over the last decades, the participation of State and non-State actors (nsa s) in the process of international law-making has become one of the basic features of international law. As multifunctional actors, the role of international courts and tribunals (ict s) encompasses the protection and development of the international community. Together with ict s' role in the promotion, recognition and application of community interest norms, the growing participation of State and nsa s in international dispute settlement mechanisms also plays an increasingly important role in ensuring and facilitating compliance and enforcement of community interest norms. Whereas the nonparty participation of State and nsa s has only very exceptionally been recognized, their influence in international dispute settlement cannot be ignored. By applying empirical research methodology for mapping the practice of the International Court of Justice (icj) concerning the participation of State and nsa s under the icj Statute and Rules of Court, this paper addresses the existing mechanisms of non-party participation in both contentious cases and advisory proceedings. There is no doubt that icj procedural law remains outdated and disconnected from the contemporary developments characterizing the international community nowadays. Broadening the possibilities for participation by State and nsa s would imply the recognition of the plurilateral nature of international disputes. In this context, the paper also discusses the challenges and possible alternatives for expanding participation via teleological interpretation of the icj Statute and potential amendments to the Rules of Court and Practice Directions. [ABSTRACT FROM AUTHOR]