STANDING BEFORE THE ICJ: ARE THE FLOODGATES OPEN FOR ERGA OMNES PARTES CLAIMS?

Аннотация

this article is aimed to answer to question whether the International Court of Justice (ICJ) has opened floodgates for addressing community interest based claims: erga omnes partes standing. The analysis to answer to this question has done through the Court’s case law and scholars’ opinion on this matter. There are several contradictions on the issue of erga omnes partes standing and the related category actio popularis , however, the room for recognizing this type of standing is largely opened.