THE MONETARY GOLD PRINCIPLE: BACK TO BASICS

• 成果类型: Article
• 署名作者: Mollengarden, Zachary; Zamir, Noam
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2020.86
• 发表日期: 2021
• 页码: 41-77
• 关键词: international court

摘要

In The Case of the Monetary Gold Removed from Rome in 1943, the International Court of Justice concluded that it cannot decide a dispute in which a third party's legal interests would form the very subject-matter of the decision. This Article argues that what has become known as the Monetary Gold principle conflicts with the Court's obligation to decide cases submitted by consenting parties and should be abandoned.