Autore
Asta, GabrieleTitolo
La partecipazione ai procedimenti consultivi davanti alle giurisdizioni internazionali: un'ipotesi di graduazionePeriodico
Ordine internazionale e diritti umaniAnno:
2015 - Fascicolo:
3 - Pagina iniziale:
475 - Pagina finale:
503Participation represents a peculiar feature of advisory proceedings before
international courts, which allows both the tribunal to obtain relevant information, and
participants to demonstrate their interests. Moreover, it seems to be a legal instrument
characterised by a relevant degree of flexibility. In this respect, the examination of both the
legal provisions governing the advisory procedures and the relevant practice proves the
existence of certain differences in the modes of participation. For instance, it is possible to
distinguish among a participation as of right, a participation upon authorization – or
invitation – of the tribunal concerned, or even some forms of indirect participation. Many
causes contribute to this heterogeneity, such as the legal environment in which the tribunal
is placed, the scope and aim of its advisory jurisdiction, or the need to protect specific
interests at stake. The aim of this paper is to analyse the advisory practice and procedure of
international courts, in order to conceptualise the findings. This will allow to draw a
comparison with both third-party intervention in contentious proceedings and amicus curiae
participation, and to get to the conclusion that graduation is the most suitable approach as
to describe the plurality of forms of participation in advisory proceedings before
international tribunals.
SICI: 2284-3531(2015)3<475:LPAPCD>2.0.ZU;2-L
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