The collective dimension of bilateral litigation: The Ukraine v Russia case before the ICJ

The author examines the collective dimension of bilateral litigation before the ICJ through the lens of the case between Ukraine and Russia. This case and the unprecedented invocation of Article 36 provide the perfect illustration of the collective interest that may justify to open up the proceedings between two parties. The article analyses this collective dimension from three different points of view. The two procedural aspects that are directly connected to the use of ‘interpretive intervention’ are ad-dressed first, namely, the collective nature of the underlying interest and the impact of the collective dimension on the organization of con-tentious proceedings. then it turns to the substantive aspect of the dispute between Ukraine and Russia discussed in most intervention declarations showing the importance of centralized (and compulsory) dispute settlement when collective interests are at stake.