الدعوى المضادة أمام القضاء الدولي : دراسة في المفهوم و الأساس القانوني

Abstract EN

This study deals with the subject of the counter-claim as an effective application in the international procedures system presented by the international defendant against the plaintiff to improve his legal position in certain legal issues after submitting the original lawsuit in a litigant litigation by international courts or arbitration courts.

The importance of this issue has increased steadily with its continued application in a large number of Of international lawsuits, and its reference to explicit legal foundations, which is the prevailing situation in most rules of procedures for international courts and arbitration, but this does not prevent it from being applied in light of the implicit legal texts through a broad interpretation of it.

Although the origin of this application is due in its origins to the private law, in particular the Civil Procedure Law, it has moved to the international procedures law for its effectiveness and its multiple advantages for litigants on one side and the court on the other hand, and this borrowing took place according to the doctrine of analogy or legal analogy that requires measuring many aspects Legal from private law to international law.

the counter-claim plays an active role in international litigation in particular, as it is an application that works to achieve justice and equality in procedures between the litigants, as well as it achieves the economy in time and costs .

Nevertheless, there are legal restrictions that have emerged to govern the application of this type of legal doctrine, some of which are firm and consistent under explicit legal rules as a condition to waive the immunity contained in the Vienna Convention on the Law of Treaties and others from these restrictions are derived from the jurisprudence of international litigation, especially the International Court of Justice Although this is not fixed or clear-cut, it can form a nucleus by which the international judiciary can operate accordingly, and states can arrange their legal status according to them.