Third parties in international law


Third parties in international law

Christine Chinkin

(Oxford monographs in international law)

Clarendon Press , Oxford University Press, 1993

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Based on author's thesis (Ph.D.), University of Sydney Law School

Includes bibliographical references (p. [357]-376) and index



Third Parties in International Law examines the impact upon the traditional bilateral framework for the regulation of international affairs that has been made by the accommodation of third party claims and interests. There is a detailed analysis of the position of third parties (defined both as individual actors within the international arean, and the broader international community) in three areas of international law: treaties; international procedure (adjudication and arbitration) and the illegal use of force, in order to determine the position of third parties in international law generally. From this third party perspective there is discussion of the modern processes for the making and application of international law. This book is intended for all international lawyers. Scholars and students of international law.


  • Part 1 Treaties and third parties: states as third parties to treaties - formal prescriptions - the current status of the "Pacta Tertiis" rule, general legal prescription on treaties and third parties, specific legal prescription
  • states as third parties to treaties - claims by and against third party states - claims of participation, claims of non-participation, claims for performance, claims that a treaty should not be entered into or performed, claims of amendment, claims relating to international communications
  • international organizations as third parties to treaties - international organizations as third parties, the Vienna Convention on the law of treaties between states and international organizations, claims by member states against international organizations, options available to dissentient member states, claims by third parties with respect to international organizations, third party claims against the member states of an organization
  • individuals as third parties to treaties - states' claim on behalf of individuals, individuals' claims before national courts, individuals' claim to status, claims based upon human rights and humanitarian principles. Part 2 International judicial and arbitral procedure and third parties: intervention before the International Court of Justice - Articles 62 and 63 of the Statute of the Court - the bilateral model of adversary proceedings, legal basis for intervention before the International Court of Justice, interpretation of Article 62 by the International Court, jurisdiction for intervention, interpretation of Article 63 by the International Court, policies of intervention
  • multiparty disputes - intervention and indispensable parties before the International Court of Justice - party and third party strategies, decision not to intervene - indispensable parties, options available to third parties
  • intervention before the European Court of Justice - the legal framework, the practice of intervention before the European Court
  • other third party procedures before international adjudacative tribunals - The International Court of Justice, The European Court of Human Rights, The Inter-American Court of Human Rights, interpretaion of treaties affecting non-parties to an organization
  • third parties in arbitration before international arbitral tribunals - differing models of arbitration, party autonomy in international arbitration, claims that an arbitral award prjudices third party, claims to enforce the arbitration agreement, third party claims that rights have been bestowed by the arbitral agreement, third party claims that a tribunal should not hear a case. Part 3 Third parties and international crimes - armed conflict. (part contents)

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