Repertory of Decisions of the International Court of Justice (1947-1992)

Repertory of Decisions of the International Court of Justice (1947-1992) PDF Author: Giuliana Ziccardi Capaldo
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792329930
Category : International law
Languages : fr
Pages : 726

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Book Description
This repertory presents in manual form the case law of the International Court of Justice. It attempts a popularization of the Court's maxims in plain language for easy reading so as to provide not only the internationalists but also practitioners and students with a full and readily consultable digest on an important body of judicial opinions, in the knowledge of the Court's decisive role in ascertaining, noting and developing the rules of international law.

Repertory of Decisions of the International Court of Justice (1947-1992)

Repertory of Decisions of the International Court of Justice (1947-1992) PDF Author: Giuliana Ziccardi Capaldo
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792329930
Category : International law
Languages : fr
Pages : 726

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Book Description
This repertory presents in manual form the case law of the International Court of Justice. It attempts a popularization of the Court's maxims in plain language for easy reading so as to provide not only the internationalists but also practitioners and students with a full and readily consultable digest on an important body of judicial opinions, in the knowledge of the Court's decisive role in ascertaining, noting and developing the rules of international law.

Decisions of the World Court relevant to the UN Convention on the Law of the Sea [electronic resource]

Decisions of the World Court relevant to the UN Convention on the Law of the Sea [electronic resource] PDF Author: Barbara Kwiatkowska
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041118066
Category : Law
Languages : en
Pages : 298

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Book Description
This pioneering publication provides A Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of A Reference Guide. It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.

Decisions of the World Court Relevant to the UN Convention on the Law of the Sea

Decisions of the World Court Relevant to the UN Convention on the Law of the Sea PDF Author: Barbara Kwiatkowska
Publisher: BRILL
ISBN: 9004184848
Category : Law
Languages : en
Pages : 465

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Book Description
This pioneering publication provides a Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore v. Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of this Reference Guide. It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.

Capaldo Repertory of Decisions

Capaldo Repertory of Decisions PDF Author: G.Z. Capaldo
Publisher: Springer
ISBN: 9780792335153
Category : Law
Languages : en
Pages : 1280

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Book Description


The World Court Reference Guide and Case-Law Digest

The World Court Reference Guide and Case-Law Digest PDF Author: Bimal Patel
Publisher: Martinus Nijhoff Publishers
ISBN: 9004261893
Category : Law
Languages : en
Pages : 1194

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Book Description
This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Systematic reference on Sources of Law; Coverage of the composition of the Litigation teams, and much more. This work will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. Excerpt from the Foreword to this Volume by H. E. Judge Peter Tomka, President, ICJ: “Mr Bimal Patel has assembled an impressive compilation of both institutions’ respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ’s recent activities, providing coverage up until 31 December 2010. Patel’s work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court’s docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court’s work.."

Commentaries on World Court Decisions (1987-1996)

Commentaries on World Court Decisions (1987-1996) PDF Author: Pieter H F Bekker
Publisher: Martinus Nijhoff Publishers
ISBN: 9004639101
Category : Law
Languages : en
Pages : 323

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Book Description
This book provides a full description of the judicial activity of the International Court of Justice (ICJ) during the busiest decade in its 50-year history (January 1, 1987 - December 31, 1996). The introductory chapter provides a basic description of the role and procedures of the ICJ, designed to facilitate a better understanding of its functioning. Actual statistics from the period 1987-1997 are used as examples. Ten chapters contain the scholarly commentaries of thirteen mainly American international lawyers on the twelve Judgements and five Advisory Opinions rendered by the ICJ between 1987 and 1997. Each commentary describes the facts of a particular case, the arguments of the parties involved and the decision of the ICJ. Each commentator also gives his personal assessment of the decision reviewed and explains the decision in the light of the Court's earlier jurisprudence and international law. Every chapter opens with a review of the judicial activity of the ICJ during a given year, using the General List of ICJ cases, pleadings filed, Orders, Judgements and Advisory Opinions issued and hearings held at the Peace Palace to describe the statistics on the docket of the ICJ, the composition of the ICJ (Judges and Judges ad hoc), the regional distribution to States parties in cases before the ICJ, together with a list of the most important ICJ literature. In sum, the book presents `all you ever wanted to know about the World Court' between 1987 and 1997 for both ICJ practitioners and students of international law. The book includes reprints from the American Journal of International Law as well as new material.

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations PDF Author: Mohamed Sameh M. Amr
Publisher: BRILL
ISBN: 9004479104
Category : Business & Economics
Languages : en
Pages : 471

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Book Description
The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court.

The Settlement of Disputes in International Law

The Settlement of Disputes in International Law PDF Author: John G. Collier
Publisher: Oxford University Press, USA
ISBN: 9780198299271
Category : Law
Languages : en
Pages : 428

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Book Description
For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.

International and Foreign Legal Research

International and Foreign Legal Research PDF Author: Marci Hoffman
Publisher: BRILL
ISBN: 1571053123
Category : Law
Languages : en
Pages : 367

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Book Description
A special course adoption price is available for an order of six or more copies from a university bookstore. Contact [email protected] or [email protected] and Foreign Legal Research: A Coursebook, by Marci Hoffman and Mary Rumsey, now in a second, revised edition, is designed for classes in foreign and international legal research. Following a general section on basic concepts, topics covered in the book range from treaty research to chapters on particular subjects of international law. Coverage also includes chapters on researching foreign and comparative law as well as major international organizations, including the UN and the EU. International and Foreign Legal Research offers a possible roadmap for structuring a class in international and foreign legal research while also serving as a tool for quick look-ups when a researcher requires direction on a topic or information on a source.Developed for use in legal research courses, International and Foreign Legal Research is an invaluable resource for librarians, students, law professors, and other researchers in the research of foreign and international law."

Deference in International Courts and Tribunals

Deference in International Courts and Tribunals PDF Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 0191026506
Category : Law
Languages : en
Pages : 497

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Book Description
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.