Civil society and the instigation of international court litigation: The Australian experience

This article examines the way in which the actions of civil society may influence decisions of states to institute proceedings in the International Court of Justice ('ICJ'). In what circumstances, for instance, is a state most likely to respond to actions of domestic or international civil society constituencies by deciding to incur the diplomatic and other costs that result from any international litigation? This study focuses on Australia's experience, using as case studies the Nuclear Tests and Whaling in the Antarctic cases. In both cases, particular civil society components were able to secure political commitments to commence international litigation from political parties that went on to be elected to government. This will not always be possible, and this article examines some of the tensions that arise between government and civil society in relation to pursuing encounters with the ICJ.