Intervention: International Tribunal for the Law of the Sea (ITLOS)
- Res judicata — Third party participation
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 Under the principle of res judicata, decisions in inter-State cases are binding inter partes and yet this does not prevent these decisions from having some effect on States not parties to the proceedings. It is widely accepted that this principle does not ensure the protection of the third States’ interests to the same extent as intervention and, indeed, many systems of international dispute settlement provide for the possibility to intervene in the proceedings before the relevant court or tribunal (International Courts and Tribunals, Intervention in...