ICJ and Multi-forum Litigation Strategy

Nikolaos Voulgaris, Professor of International Law at the European Law and Governance School. He has read law in Athens and London. He is the author of Allocating International Responsibility between International Organizations and Member States (2019).

• ContentsForewordPrefaceAcknowledgments1 Multi-forum Litigation Strategy in an Inter-state Setting: What Is, Thrust of, Systematization1 The Changing Landscape of Inter-state Litigation: Litigation as Diplomacy2 Defining ‘Multi-forum Litigation Strategy’2.1 Essential Characteristics2.1.1 A Litigation Strategy2.1.2 A One Actor Strategy2.1.3 A Multi-forum Strategy2.2 Multi-forum Litigation Strategy as a Concept Distinct from ‘Lawfare’ and ‘Strategic Litigation’3 Book Objectives4 Book Structure2 Engaging the ICJ in a Multi-forum Litigation Strategy: The One Where an Old Map Was Used to Vindicate New Myths1 Ukraine v. Russia as a Multi-forum Litigation Strategy Paradigm2 War in Ukraine after 24 February 2022: International Judicial Mechanisms in the Mix2.1 An Exceptional ICJ Case2.2 ECtHR, International Criminal Court, International Investment Tribunals: The Story Continues3 De Jure Complications: Analogies with Private vs State Multi-forum Litigation before International Fora3.1 Lis pendens: Parallel Litigation3.2 Res judicata: Consecutive Litigation3.3 Abuse of Process3.3.1 A Comment on the Rhetorical Use of the Abuse of Process Admissibility Objection4 Instrumentalizing icj Judgments in a Multi-forum Litigation Strategy: the Parties’ Objectives4.1 The ICJ, an Authoritative Institution?4.2 Instrumentalizing the Court’s Legitimate Authority4.3 Instrumentalizing the Court as a Forum for Political Advocacy5 The Court as a Political Agent of Dispute Resolution6 Legitimacy Concerns from the Employment of Multi-forum Litigation Strategies3 Provisional Measures: Unripe Dispute Settlement: The One Where Isolation Was Not Good for Anyone1 Introduction2 A Quasi-autonomous Dispute Settlement Mechanism2.1 The Normative Context: a Few Sketchy Rules2.2 The Jurisprudential Prerequisites2.2.1 Prerequisites Aimed at Securing Protected Interests: a Purpose Overreach2.2.1.1 Plausibility of Rights2.2.1.2 Link between Rights and Measures2.2.2 Prerequisites Aimed at Securing the Integrity of the Proceedings: beyond the Interests of the Parties2.2.2.1 Prima facie Jurisdiction2.2.2.2 Irreparable Prejudice and Urgency3 Instrumentalization of icj Interim Protection3.1 Provisional Measures as Standalone Actions3.1.1 Provisional Measures as Ends; Norm Compliance3.1.2 Provisional Measures as Means; Pursuing Strategic Benefits3.1.2.1 Creating the Shadow of the Law3.1.2.2 An Abusive Litigation Strategy?3.1.2.3 The Spill-Over Effect of Strategic Benefits3.2 Provisional Measures as Part of a Multi-forum Litigation Strategy3.2.1 Qatar v. UAE: Provisional Measures at Centre-Stage3.2.2 Maximizing Strategic Benefits4 The Court as a Crisis-Manager4 Advisory Opinions: Bilateral Disputes in a Multilateral Setting: The One Where Postal Stamps Herald Justice1 Introduction2 The ICJ’s ‘Compulsory’ Advisory Jurisdiction on Inter-state Disputes2.1 PCIJ Advisory Opinions as a Dispute Settlement Instrument2.2 ICJ Advisory Opinions as Advice against or Despite State Consent2.2.1 The Normative Framework: a New Role For Advisory Opinions2.2.2 Jurisprudential Practice: the Non-binding and Intra-organizational Character of Advisory Opinions2.2.3 Jurisprudential Practice: Placing the Dispute in a ‘Broader Frame of Reference’2.3 Compelled to Advice: The Chagos Opinion3 Instrumentalization of ICJ Advisory Opinions in the UN Era3.1 The Curious Legal Effect of icj Advisory Opinions3.2 Advisory Opinions as de facto Dispute Settlement Rulings3.2.1 Chagos as a Watershed3.2.2 The Political Ramifications of icj Advisory Opinions after Chagos4 Beyond the ICJ: IACtHR Advisory Opinions as Part of a Multi-forum Litigation Strategy5 The Court as a Rule-Maker: a New Golden Era for ICJ Advisory Opinions?5 The Many Roles of the Court in the Changing Landscape of Inter-state LitigationIndex