Affected Individuals in Proceedings before the ICJ, the ITLOS and the ECHR

Abstract

International law generally applies to legal relations and disputes among states. This chapter addresses the issue concerning disputes arising out of domestic civil actions with regard to three international bodies: the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and the European Court of Human Rights (ECHR). It discusses recent cases and explores procedural mechanisms and the courts' investigative powers which may be used to permit the affected individual to present his/her own views on the case to the tribunal. The chapter presents two of the cases currently pending before the International Court of Justice concern the constellation presented: Jurisdictional Immunities of the State and Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters . The developments in the practice of the ECHR demonstrate a possible way forward for other international tribunals like the ICJ and the ITLOS. Keywords:European Court of Human Rights (ECHR); International Court of Justice (ICJ); International law; ITLOS