Author: T O Elias
Publisher: Martinus Nijhoff Publishers
ISBN: 9004634495
Category : Business & Economics
Languages : en
Pages : 384

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Book Description

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: Andreas Zimmermann
Publisher: OUP Oxford
ISBN: 0191632538
Category : Law
Languages : en
Pages : 1798

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Book Description
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

Author: Edgardo Sobenes Obregon
Publisher: Springer
ISBN: 331962962X
Category : Law
Languages : en
Pages : 438

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Book Description
This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

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.

Author: James Gerard Devaney
Publisher: Cambridge University Press
ISBN: 1316720896
Category : Law
Languages : en
Pages : 307

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Book Description
Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The 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: Nienke Grossman
Publisher: Cambridge University Press
ISBN: 1108540228
Category : Law
Languages : en
Pages : 397

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Book Description
One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Author: Juan José Quintana
Publisher: BRILL
ISBN: 9004297510
Category : Law
Languages : en
Pages : 1364

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Book Description
Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

Author: Avidan Kent
Publisher: Routledge
ISBN: 042987216X
Category : Law
Languages : en
Pages : 267

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Book Description
The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.

Author: James A. Green
Publisher: Bloomsbury Publishing
ISBN: 1847315208
Category : Law
Languages : en
Pages : 246

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Book Description
The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue. Winner of the American Society of International Law's Lieber Society Book Prize 2009 Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence. Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, London James Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack." Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham University Winner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.