Multilateral Disputes and the Doctrine of Necessary Parties in the East Timor Case

Abstract

This article examines the East Timor decision, issued by the International Court of Justice in 1995, in light of the Court's treatment of the doctrine of necessary parties. The article first addresses how the doctrine limits the Court's jurisdiction. It then discusses the rights and roles of third parties in cases before the ICJ, specifically those of Australia and the East Timorese in East Timor. Finally, the article advocates that certain nonstate entities, particularly organized peoples such as the East Timorese, should constitute necessary parties if their interests are inextricably linked to the dispute before the Court. In order for the Court to remain effective in adjudicating international disputes, it must adopt a more consistent approach that combines the Westphalian model, characterized by traditional international law, with the U.N. Charter model, which recognizes that a role in interstate relations exists not only for states, but also for organized peoples like the East Timorese.