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Author: James Gerard Devaney
Publisher: Cambridge University Press
ISBN: 1107142210
Category : Law
Languages : en
Pages : 307
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Book Description
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Author: James Gerard Devaney
Publisher: Cambridge University Press
ISBN: 1107142210
Category : Law
Languages : en
Pages : 307
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Book Description
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Author: Anna Riddell
Publisher: British Institute for International & Comparative Law
ISBN:
Category : Law
Languages : en
Pages : 458
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Book Description
Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 306
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Book Description
This thesis takes as its starting point a number of significant recent criticisms of the way in which the International Court of Justice (the Court) deals with facts. After examining the Court's substantial fact-finding powers as set out in its Statute and Rules, it is noted that the Court has not made significant use of the fact-finding powers that it possesses, instead preferring to take a reactive approach to fact-finding. It is this reactive approach, largely relying on the parties to put evidence before the Court, which is the subject of recent criticisms both from within the Court itself and from international legal scholarship. Having assessed the merits of these arguments, the thesis takes the position that such criticisms are indeed warranted and that the Court's reactive approach to fact-finding falls short of adequacy both in cases involving abundant, particularly complex or technical facts and in those cases involving a scarcity of facts, such as cases of non-appearance. Subsequently, the thesis undertakes a comparative exercise in order to examine how other relevant inter-state tribunals conduct fact-finding. Drawing on the practice of other tribunals, namely the adjudicative bodies of the World Trade Organization and a number of recent inter-state arbitrations, the thesis then makes a number of select proposals for reform which, it is argued, will enable the Court to address some of the current weaknesses in its approach to fact-finding and better ensure factual determinations that are as accurate as they can possibly be within the judicial process. Such proposals include (but are not limited to) the development of a power to compel the disclosure of information, greater use of provisional measures and a clear strategy for the use of expert evidence.
Author: H. W. A. Thirlway
Publisher: Oxford University Press
ISBN: 0198779070
Category : Law
Languages : en
Pages : 241
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Book Description
An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.
Author: Robert Kolb
Publisher: A&C Black
ISBN: 178225188X
Category : Law
Languages : en
Pages : 1754
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Book Description
The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales. Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars: 'Robert Kolb's International Court of Justice provides a magisterial, lucid study of its subject. The breadth and depth of the treatment are impressive: Kolb takes the reader from the history of the Court, to its role in international society, to the more technical questions concerning its composition, powers and procedures, to the development of its jurisprudence, and to its future. The finely grained discussion provides much more than a mere survey of the Court's constitutive instruments and decisions. It engages the Court as an institution and asks how it actually operates, and secures efficacy and authority in doing so. The book's careful and detailed coverage of the Court's legal framework and operation will benefit practitioners and scholars alike. There is no doubt that Kolb's volume immediately takes a place among the authoritative references on the Court.' ASIL Book Awards Committee This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Richard B. Lillich
Publisher: Hotei Publishing
ISBN: 9780941320719
Category : Arbitration (International law)
Languages : en
Pages : 344
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Book Description
This volume is the seminal work on fact-finding and international tribunals. It addresses the many questions raised in recent cases before the International Court of Justice, the Iran-United States Claims Tribunal, the European Court of Justice, various international administrative tribunals, human rights courts, and commissions. Its 15 chapters, introduced by a perceptive essay by Judge Schwebel for the International Court of Justice, have been written by present or former members of such international bodies, leading lawyers who have appeared before them, and distinguished academic lawyers from the United States and abroad.
Author: Nancy A. Combs
Publisher: Cambridge University Press
ISBN: 1139489712
Category : Law
Languages : en
Pages :
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Book Description
Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
Author: Stephen M. Schwebel
Publisher: Cambridge University Press
ISBN: 113950293X
Category : Law
Languages : en
Pages : 385
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Book Description
Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.
Author: Oktawian Kuc
Publisher: Routledge
ISBN: 9781032006895
Category : Law
Languages : en
Pages : 0
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Book Description
Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.
Author: Chantal Meloni
Publisher: Springer Science & Business Media
ISBN: 9067048194
Category : Law
Languages : en
Pages : 593
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Book Description
The 'Goldstone Report' of September 2009 started a critical debate at the international level. The Report raised serious allegations of grave violations of international law with regard to the Israeli attack on Gaza of 27 December 2008 - 18 January 2009, amounting to possible war crimes and crimes against humanity. The UN General Assembly and the Human Rights Council, amidst high political pressure, endorsed the Report’s recommendations, calling for prompt and proper investigations to ensure accountability and justice for the victims. Given the lack of proper investigations at the national level, international justice mechanisms are now needed. Indeed, the ICC opened a preliminary examination of the situation but difficulties arose because of the uncertain status of the occupied Palestinian territory. The issue of the existence of a State of Palestine is extremely actual and still unsolved at the UN level. With a foreword by prof. William Schabas, the book collects contributions by renowned international law professors as Eric David, John Dugard, Richard Falk and many other distinguished scholars and lawyers, and brings together for the first time essential documentation on the 'Gaza conflict'. The underlying question, whether there is a court for Gaza, can be seen as a test case for international justice, and shed a light on the role of international institutions in the difficult combination of law and politics that connotes international justice. Useful for all those interested in the Israeli-Palestinian conflict, such as international and criminal law scholars, and human rights and humanitarian organizations.
