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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Actio Popularis

Andrea Gattini

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 July 2024

Subject(s):
Actio popularis — Individual complaint procedure

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Actio popularis may be defined as a ‘right resident in any member of a community to take legal action in vindication of a public interest’ (South West Africa, Ethiopia and Liberia v South Africa, 1966, 47, para 88). 2 There is some uncertainty in legal literature whether the definition excludes the possibility that an individual interest of the actor may exist alongside the collective one, or whether in some circumstances the individual legal interest may be considered as implied in the collective one. The latter understanding seems better to reflect the origin...
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