Litigation in the public interest before the International Court of Justice

Abstract

International law has entered a new phase in which it is no longer limited to regulating bilateral international relations based solely on the rights and obligations of states. It has moved beyond narrow individual interests within a bilateral framework to collective interests that aim to achieve the common interests of the international community as a whole. The objective framework for public interest litigation is represented by obligations towards all that must be fulfilled at the international level. The importance of the subject matter of public interest litigation stems from the importance of the rights it protects, which are considered to be the common interest of the entire international community. However, the acceptance by international courts of public interest claims without procedural controls to regulate them may lead to them receiving a large number of claims that are difficult to resolve.

We adopted a descriptive and analytical approach in our study of the subject matter and arrived at a number of conclusions, the most important of which are as follows In dealing with public interest cases, the International Court of Justice has adopted a cautious approach based on the procedural aspects of bringing a case, such as the requirement of a prior multilateral agreement on the occurrence of a violation. on the substantive issues that constitute the core of the right protected by the public interest case, which is of high importance to all States. Furthermore, the International Court of Justice can consider the subject of public interest through the advisory opinions it issues, but it does not directly resolve the dispute as in the case of jurisdiction to adjudicate the case.