Foley Hoag Event

Recent Developments with Respect to Interventions by Third States in State-to-State Disputes

Please Join our United Nations Practice Group in this lecture on "Recent Developments with Respect to Interventions by Third States in State-to-State Disputes"

Interventions enable third party States to defend their legal interests and/or provide clarifying insights in treaty interpretation, thereby enabling international courts and tribunals to consider issues against the backdrop of the broader interests in the dispute. For example, Articles 62 and 63 of the ICJ Rules provide two distinct channels of intervention that define the scope of the intervention and its admissibility, as well as the authority of a potential judgment on the intervening party. Article 62 provides that a State may request to intervene in a contentious case if it “consider[s] that it has an interest of a legal nature which may be affected by the decision in the case.” Article 63 grants a “right to intervene” for multilateral treaty parties, whenever that treaty’s “construction … is in question.”

In recent months, there has been an unprecedented increase in the number of States seeking to intervene as non-parties in State-to-State contentious proceedings. Non-party intervention is particularly important in multilateral treaty frameworks given that the interpretation of a treaty by the Court will constitute authoritative precedent and can also influence decisions of other international courts and tribunals as well as the manner in which State parties to the interpreted treaty perform their treaty obligations, especially in the field of human rights and erga omnes obligations. On the other hand, interventions may also politicize proceedings and interfere with the principle of equality of parties.

With this background in mind, the lecture will address the following questions:
  • What are avenues and procedure for interventions?
  • What is the legal significance of interventions and what are their implications on the disputing State parties, the intervening parties, and beyond?
  • What are the policy considerations that are at play in the context of interventions?
  • Ms. Christina G. Hioureas, Partner and Chair of the United Nations Practice, Foley Hoag LLP
  • Professor Lori F. Damrosch, Hamilton Fish Professor of International Law and Diplomacy, Columbia Law School, Former President of the American Society of International Law
  • Ambassador Carl Magnus Nesser, Director-General for Legal Affairs and Agent of Sweden to the International Court of Justice
  • Dr. Alain Germeaux, Head of Legal Department at the Ministry of Foreign and European Affairs, Luxembourg
  • Professor Bogdan Aurescu, Law School, University of Bucharest, Member of the United Nations International Law Commission (tentative) 
Foley Hoag’s United Nations Practice Group provides legal advice, capacity building training, and representation to State Sovereigns on matters before and relating to the United Nations.

This includes matters before the General Assembly, Sixth Committee to the General Assembly (Legal Affairs), Security Council, and United Nations Commission on International Trade Law (UNCITRAL), among other bodies. The group also provides legal representation to Permanent Missions to the United Nations consulates and embassies on matters before U.S. Courts, including under the Foreign Sovereign Immunities Act (FSIA).

Foley Hoag’s United Nations practice group is part of the firm’s International Litigation and Arbitration Department, which includes more than 30 highly experienced international litigators – based in New York, Washington, Boston and Paris. The practice has served over 60 States before the International Court of Justice, the International Tribunal for the Law of the Sea, and international arbitral forums such as the Permanent Court of Arbitration, the International Centre for the Settlement of Investment Disputes and the International Chamber of Commerce, among others.

Thursday, October 27, 2022
6:00 p.m. - 9:00 p.m. 
The lecture will be followed by a reception.
*This event is by invitation only and not transferrable. Space is limited. If you are interested in attending, please contact Lisa Cortese.