The Development of Human Rights Law by the Judges of the International Court of Justice

The Development of Human Rights Law by the Judges of the International Court of Justice PDF Author: Shiv R.S. Bedi
Publisher: Bloomsbury Publishing
ISBN: 1847313434
Category : Law
Languages : en
Pages : 502

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Book Description
The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.

The Development of International Law by the European Court of Human Rights

The Development of International Law by the European Court of Human Rights PDF Author: J. G. Merrills
Publisher: Manchester University Press
ISBN: 9780719045608
Category : Law
Languages : en
Pages : 354

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Book Description
The rule of law.

International Law in Transition

International Law in Transition PDF Author: Nagendra Singh
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792317159
Category : Law
Languages : en
Pages : 426

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Book Description
The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.

A Farewell to Fragmentation

A Farewell to Fragmentation PDF 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.

International Law and Justice

International Law and Justice PDF Author: John R. Rowan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 260

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Book Description
Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.

Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law

Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law PDF Author: Triestino Mariniello
Publisher: Judges
ISBN: 9789004434653
Category : Law
Languages : en
Pages : 954

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Book Description
The relationship between the convention and constitutional law -- The relationship between the convention and international law -- Succumbing to penal populis -- Defending society from its enemies -- New forms of punishment -- Promoting internet as the new global market of ideas -- Defending the foundations of the European model of social state (Sozialstaalichkeit) -- Empowering migrants as citizens -- Judge-made law : is the case law coherent? -- Strasbourg consequential orders : words blown against the wind?

The International Court of Justice and the Judicial Function

The International Court of Justice and the Judicial Function PDF Author: Gleider Hernandez
Publisher:
ISBN: 0199646635
Category : Law
Languages : en
Pages : 369

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Book Description
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.

The International Court of Justice

The International Court of Justice PDF 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.

Human Rights Norms in ‘Other' International Courts

Human Rights Norms in ‘Other' International Courts PDF Author: Martin Scheinin
Publisher: Cambridge University Press
ISBN: 1108499732
Category : Law
Languages : en
Pages : 517

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Book Description
Examines the role and impact of human rights norms in international courts other than human rights courts

The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context PDF Author: Charles C. Jalloh
Publisher: Cambridge University Press
ISBN: 110842273X
Category : History
Languages : en
Pages : 1199

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Book Description
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.