Original title: Uluslararası Adalet Divanı’nda Görülen Davalara Dostane Katılım (Amicus Curiae) ve Dostane Mütalaa (Amicus Brief) Usulü
The International Court of Justice has a dual resolution mechanism: adversarial proceedings and advisory opinions. In both cases, States have the capacity of a party. UN organs and 16 specialized agencies can apply to the Court for advisory opinions. In addition, states can become parties by intervening in cases that concern them. In this study, the institution of friendly participation in the judicial proceedings of the International Court of Justice will be discussed, and the participation of third parties in the case and the submission of information and documents will be discussed. Pursuant to Article 38 of the Statute of the Court, the legal foundations of the institution of friendly intervention will be investigated in the light of the relevant international treaties and their provisions, customary law and general principles of law, as well as the Court's decisions, jurisprudence and doctrinal discussions.
- Published in
- Türkiye Adalet Akademisi Dergisi, Sayı 38, 2019, ss. 315–342
- Date
- April 2019
- Language
- Turkish