Amicus curiae before the international tribunal for the law of the sea: the prospect of an advisory opinion on climate change and the law of the sea

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Abstract

Having in mind the prospect of a request for an advisory opinion before the International Tribunal for the Law of the Sea, this article aims at assessing what role can be performed by amicus curiae (namely, non-governmental organizations, academia, or members of the scientific community) in such proceedings. This article argues that amicus curiae participation is open, although subject to the court’s discretion, and may provide democratic and aristocratic strength to the court’s advisory opinion. Nonetheless, this article also argues that a very broad amici curiae participation is unwelcome, implying that the International Tribunal for the Law of the Sea will need to follow a rule of limited admission.
Original languageEnglish
Pages (from-to)87-111
Number of pages25
JournalCatólica Law Review
Volume6
Issue number1
DOIs
Publication statusPublished - 2 May 2022

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