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The Litigation of Community Interests before the ICJ: From Belgium v. Senegal to The Gambia v. Myanmar
This paper explores the litigation of community interests before the International Court of Justice (ICJ), taking into account past case-law and the ongoing proceedings in the case The Gambia v. Myanmar. The paper will offer an overview of the evolution of the ICJ’s decisions on litigations commenced by non-directly injured states, demonstrating a steady and progressive expansion of the Court’s approach to community interests.

However, the paper will argue that the standing of The Gambia in the The Gambia v. Myanmar case is different from that of Belgium in the Belgium v. Senegal case decided in 2012: although Belgium claimed standing on the basis of the erga omnes partes character of the obligations embodied in the UN Convention against Torture, it had also a specific interest in the Senegal’s compliance with the duty to extradite Hissène Habré, who was the object of a request of extradiction by a Belgian court.

Conversely, in The Gambia v. Myanmar case, The Gambia does not claim any special interest in relation to the respect for the UN Convention against Torture by Myanmar. This difference may play a pivotal role in the decision of the ICJ in relation to the jus standi of the Gambia.

About the Speaker
Dr Marco Longobardo is a Lecturer in International Law at the University of Westminster, where he teaches public international law, international human rights law, international criminal law, and other related subjects. Dr Longobardo has taught, researched, and practised international law for ten years in Italy and the UK.

Nov 17, 2020 05:00 PM in London

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