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Author: A. Mark Weisburd
Publisher: Oxford University Press
ISBN: 0199364079
Category : Law
Languages : en
Pages : 433
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Book Description
Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive. The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.
Author: A. Mark Weisburd
Publisher: Oxford University Press
ISBN: 0199364079
Category : Law
Languages : en
Pages : 433
Get Book Here
Book Description
Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive. The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.
Author: Arthur Mark Weisburd
Publisher: Oxford University Press
ISBN: 0199364060
Category : History
Languages : en
Pages : 433
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Book Description
The International Court of Justice is the principal forum for countries seeking to resolve legal disputes with one another. Failings of the International Court of Justice argues that ICJ decisions - although treated with great respect by international lawyers - are often wrong and do not merit the deference they receive. In this book, A. Mark Weisburd explains the legal basis for the Court's work, and explores the cases where legal errors are prevalent.
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: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273
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Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Author: Thomas George Weiss
Publisher: Oxford University Press, USA
ISBN: 0199560102
Category : Language Arts & Disciplines
Languages : en
Pages : 1025
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Book Description
This major new handbook provides the definitive and comprehensive analysis of the UN and will be an essential point of reference for all those working on or in the organization.
Author: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
ISBN: 1107082099
Category : Law
Languages : en
Pages : 605
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Book Description
Exploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.
Author: David Rohde
Publisher: Penguin
ISBN: 1101575093
Category : Political Science
Languages : en
Pages : 481
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Book Description
“Powerful… definitive… Rohde tells the Srebrenica story with all the shades of gray the truth demanded.” —The Washington Post In 1996, at the height of the Bosnian wars, a correspondent for The Christian Science Monitor named David Rohde uncovered a horrifying story that became an enduring symbol of the genocidal nature of that conflict, earning him his first Pulitzer Prize. Endgame is the full-length narrative of the nightmare he stumbled upon in the town of Srebrenica, where a massacre of historic proportions has been allowed to happen due to the negligence of the United States, NATO, and the United Nations. Told through the eyes of the soldiers, peacekeepers, and civilians who were there, this is a vital, unforgettable work of history about an atrocity that could have been prevented.
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: Gregory S. Gordon
Publisher: Oxford University Press
ISBN: 0190612681
Category : History
Languages : en
Pages : 465
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Book Description
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.
Author: United Nations
Publisher:
ISBN: 9789211573640
Category : Political Science
Languages : en
Pages : 0
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Book Description
Drawing on the Household Living Arrangements of Older Persons 2019 Dataset, the World Population Ageing 2020 Highlights will document key patterns and trends of the household living arrangements of older persons around the world.
