1 Under the principle of res judicata, decisions in inter-State cases are binding inter partes and yet this does not prevent these decisions from having some effect on States not parties to the proceedings. It is widely accepted that this principle does not ensure the protection of the third States’ interests to the same extent as intervention and, indeed, many systems of international dispute settlement provide for the possibility to intervene in the proceedings before the relevant court or tribunal (International Courts and Tribunals, Intervention in...
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