The Protective Function of Article 59: the Non Party STATE
(2,124 words)

paragraph 388 in volume 3, chapter 27, The Decision

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The question of the savings effect of Article 59 in relation to a State which is not a party to the proceedings and has not submitted a request for permission to intervene, but whose interests are closely involved in a particular case arose for the first time in the Monetary Gold case.1 Here the jurisdiction of the Court was based on a complex arrangement envisaging a series of competing claims by Italy and by Albania to the gold in question. Italy, which instituted the proceedings in the Court, it…

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Malcolm N. Shaw, “The Protective Function of Article 59: the Non Party STATE”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 January 2019 <>
First published online: 2017
First print edition: 20161001

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