Expanding Access to Justice An Empirical Analysis of the Participation of State and Non-State Actors in the International Court of Justice

This book addresses the repercussions of expanded participation in international judicial decision-making by investigating community interest issues. Focusing on the International Court of Justice (ICJ), the book reveals the growing involvement – formal and/or informal – of State and non-State actors (NSAs) in the ICJ’s contentious and advisory functions. This includes the participation of States, intergovernmental organisations (IGOs) and NSAs, i.e., non-governmental organisations (NGOs) and individuals.

The book concentrates on the role and multifunctional character of international courts and tribunals (ICTs). As a component of the international governance structure, ICTs are equipped to protect, express and shape values that reflect community interests by the power granted them in international treaties. They can also be considered a key element for promoting the international rule of law, including the provision of global public goods. Public interest litigation is often used as a vehicle to advance human rights at the national and international level. As the main judicial organ of the UN, the participation of State and NSAs in ICJ proceedings is a subject of the utmost importance to international dispute settlement in general. The decisions delivered by the World Court can help to pursue community interests, for instance by setting internationally relevant precedents or concepts as obiter dicta.

By applying an empirical research methodology to map ICJ practices concerning notifications, submissions and/or applications of State and NSAs, as well as other forms of submitting relevant information to the Court under the ICJ Statute and Rules, the book addresses the potential and limitations of expanded participation in the ICJ’s contentious cases and advisory proceedings. The analysis employs broad definitions of "participants" and "participation" in order to reflect the contemporary dynamics of the actors involved in international practice.

Introduction.- Theoretical Framework: Participation Mechanisms before the ICJ.- Empirical Analysis of Contentious Cases.- Empirical Analysis of Advisory Proceedings.- The Existence of Informal Avenues.- Challenges and Alternatives for Expanding Participation.- Conclusion.

Prof. Paula Wojcikiewicz Almeida is Professor of International Law a the Getulio Vargas Foundation Law School in Rio de Janeiro. She is Director of the Centre for Global Law and of the Jean Monnet Centre of Excellence on EU-LA Global Challenges, sponsored by the European Commission at the Getulio Vargas Foundation Law School (2023-2026). She is also Associate Researcher at the Institute of International and European Law at the Sorbonne (IREDIES). With a doctorate with honors summa cum laude in International and European Law at the Université Paris 1 Panthéon-Sorbonne, Paula is Visiting professor at the École de droit de la Sorbonne, Université Paris 1 Panthéon-Sorbonne (2019), at the European Private Law Summer School at the Faculty of Law of the University of Salzburg, and at the International Studies Programme of the Master’s Degree in International and European Law at the Porto School of Law of Universidade Católica. She was Director of Studies of the French-speaking section in the 6th edition of the Winter Courses on International Law, organized by the Hague Academy of International Law (2024).

Giulia Tavares Romay was a researcher of the Jean Monnet Centre of Excellence on EU-South America Global Governance, sponsored by the European Commission at the Getulio Vargas Foundation Law School in Rio de Janeiro (2019-2023).