@article{2025:giacco:common_int,
title = {Common Interests and Common Spaces: Visions of the Past and Future of International Justice},
year = {2025},
note = {From climate change to genocide, front page news is increasingly
becoming the business of international courts. These cases are
typically brought before the International Court of Justice on the
basis of common interests in compliance with obligations owed to the
international community or collective/shared responsibility associated
with global challenges. Taking stock of recent developments, the
present contribution considers how common-interest and common-space
litigation has impacted the architecture of international justice in
terms of legal interests, legal standing, third states’
interventions, and reparations, prompting the emergence of new
institutional approaches to tackling these issues. In the attempt to
sketch a narrative about the past and future of common-interest and
common-space litigation (and the role of international judicial
institutions therein), this article intends to provide a
history-sensitive account of the ‘juridification’ process of
common interests, and show the centrality of international courts and
tribunals to the juridical life of common interests and common spaces.
At the same time, it aims to illuminate how international justice has
adapted to the challenges of international adjudication. Ultimately,
it prompts reflections as to the evolving institutional dimensions of
international justice in regard to common interests and common spaces.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {43--68},
author = {Giacco, Letizia Lo and McGarry, Brian K.},
volume = {85},
number = {1}
}