The Power of the International Court to Determine Its Own Jurisdiction PDF Download
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Author: Ibrahim F. I. Shihata
Publisher: Springer
ISBN: 9401759081
Category : Law
Languages : en
Pages : 409
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Book Description
Author: Ibrahim F. I. Shihata
Publisher: Springer
ISBN: 9401759081
Category : Law
Languages : en
Pages : 409
Get Book Here
Book Description
Author: Ibrahim F. I. SHIHATA
Publisher:
ISBN:
Category :
Languages : en
Pages :
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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: Dapo Akande
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The International Court of Justice's 1996 raise a number of questions relating to the competence of international organizations and the Court's own advisory jurisdiction. The author argues that actions of an international organization directed at achieving the fulfilment of the purposes of the organization and which would promote its effectiveness are within the implied powers of the organization. Thus, the decision that the WHO had no competence to deal with the legality of nuclear weapons (or other hazardous substances) departs from the established law, including the Court's previous jurisprudence. It is argued that a broad, rather than a narrow, competence for international organizations is more consistent with principle and practice as well as with the Court's jurisprudence. In relation to the Court's advisory jurisdiction, the author argues that (contrary to the implications in the) it is always within the competence of UN specialized agencies to seek opinions on the interpretation of their constitutions and that requests from the General Assembly do not have to relate to the work of that organ. The concluding section sets out the circumstances in which the Court ought to exercise its discretion to refuse to render an opinion requested of it. It is argued that the fact that a request relates to an abstract question, unrelated to any particular factual situation, ought not to debar the Court from exercising its jurisdiction. However, the Court ought to decline to provide an opinion where it does not have before it sufficient factual material to enable it to form an opinion or where it is in danger of giving an incomplete answer that can be misconstrued.
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: Miguel García García-Revillo
Publisher: BRILL
ISBN: 9004200991
Category : Law
Languages : en
Pages : 356
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Book Description
In The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea, Miguel García García-Revillo offers an in-depth examination of all relevant facets of the jurisdiction of this important international judicial institution. Created by the United Nations Convention on the Law of the Sea, ITLOS plays an essential role not only in respect to the interpretation of this major international treaty but also to the contemporary law of the sea in general. The book covers both the contentious (ratione materiae, ratione personae, mainline, incidental, compulsory, not compulsory) and the advisory jurisdiction of ITLOS, which are analysed not only from a theoretical perspective but also in light of the own Tribunal's jurisprudence.
Author: Thomas George Weiss
Publisher: Oxford University Press, USA
ISBN: 0199279519
Category : Language Arts & Disciplines
Languages : en
Pages : 840
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Book Description
Publisher Description
Author: Mahnoush H. Arsanjani
Publisher: Martinus Nijhoff Publishers
ISBN: 9004173617
Category : Political Science
Languages : en
Pages : 1119
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Book Description
Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.
Author: V S Mani
Publisher: Martinus Nijhoff Publishers
ISBN: 900463620X
Category : Law
Languages : en
Pages : 476
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Book Description
Author: Hanqin Xue
Publisher: BRILL
ISBN: 9004342761
Category : Law
Languages : en
Pages : 262
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Book Description
The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
