The Role of NGOs in the Format of Amicus Curiae before International Judicial Authorities
Journal: International Journal of Nations Research (Vol.5, No. 53)Publication Date: 2020-05-21
Authors : Bahman B. Khiavi Alireza Paknejad;
Page : 115-128
Keywords : Amicus Curiae; Non-State Institutions; Third Party Participating; The International Tribunal for the Law of the Sea; International Criminal Court;
Abstract
The development of international law and the diversity and expertise of various judicial and quasi-judicial institutions has increased the participation of non-state actors, such as NGOs, in the process of settling international disputes. Accordingly, the Amicus Curiae institution, based on the request of the court or at the request of itself, by submitting a bill of the friend of the court without directly contributing to the case, expresses its opinions and information on the case in writing in court or verbally. The attitude of the judicial and quasi-judicial authorities varies about how this institution participates and authorities, such as the International Court of Justice, have a strict view of the involvement of court's friends and versus, authorities like European Court of Human Rights and International Court of Justice have a more positive view into this type of intervention. In this article, going to examine and analyze the concept of Amicus Curiae as well as the way of participating in two courts, The International Tribunal for the Law of the Sea and the International Criminal Court.
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