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Revisiting the Indispensable Third Party Principle

Paparinskis, M; (2020) Revisiting the Indispensable Third Party Principle. Rivista di Diritto Internazionale , 2020 (1) pp. 49-84. Green open access

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Abstract

The article analyses the indispensable third party principle in international dispute settlement and does so in four parts. The first part puts the principle in its proper historical context, in particular by uncovering its rich and largely forgotten pre- World War Two history. The second and third parts explore the ambiguities of the source and character of this principle. The last part considers, in turn, four hard questions regarding the principle: its institutional and personal scope, its applicability to various kinds of tribunals and multilateral co-operation. The key claim is that deeper reflection on the rationale(s) of the third party principle contributes to both explaining and critiquing the apparently confused practice.

Type: Article
Title: Revisiting the Indispensable Third Party Principle
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.iusexplorer.it/Rivista/Rivista_di_Diri...
Language: English
Additional information: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10087557
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