The Judgment and Third Parties
(859 words)

paragraph 392 in volume 3, chapter 27, The Decision

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Probably under the influence of private law analogies, it is readily assumed (and the assumption can find support in the inadequate negative wording of Article 59), that a judgment can only be binding on the parties to the dispute (or, having regard to Article 63, the parties to the litigation), and cannot affect the legal position of other parties. However, this restricted view of the effect of the extent of the scope of a judgment is not supported by the case law nor does it accord with the realities of interna…

Cite this page
Malcolm N. Shaw, “The Judgment and Third Parties”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <>
First published online: 2017
First print edition: 20161001

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