Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by OUP Oxford. This book was released on 2012-10-11 with total page 1798 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The International Court of Justice written by Serena Forlati and published by Springer. This book was released on 2014-06-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

Download or read book The Settlement of International Disputes written by Wallace-Bruce and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.

Download or read book Commentaries on World Court Decisions 1987 1996 written by Pieter H F Bekker and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The International Court of Justice written by Muller and published by BRILL. This book was released on 2023-07-24 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third volume in the series by the Leiden Journal of International Law dealing with the Decade of International Law and International Dispute Settlement. In this book, the 50th anniversary of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as roles played by the Court. First and foremost, its role as a mechanism for the settlement of disputes is examined. The analysis goes beyond the traditional frontiers of disputes between states and also explores the possibilities of granting international organizations and individuals access to the Court. The second role that is looked into is its supervisory role, or, in other words, its possible role as supreme court in international law. Thirdly, the Court in its advisory function is examined. The last role that is focused upon is the Court in its role as developer of rules of international law. The book ends with a conclusion from both a legal and a political perspective.

Download or read book The International Court of Justice and the Effectiveness of International Law written by Philippe Couvreur and published by Martinus Nijhoff Publishers. This book was released on 2016-11-28 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.

Download or read book Yearbook 2004 2005 written by International Court of Justice and published by UN. This book was released on 2008-09 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the annual record of the work of the Court from 1 August 2004 to 31 July 2005. It sets out the basic texts governing the Court, the Court's organisation, jursidiction, and its functioning and practice. The cases before the Court in 2004-05 are discussed: 21 contentious cases were pending at the start of the period, of which 11 remained so in July 2005. Other chapters cover the publications of the Court and its finances.

Download or read book Litigation at the International Court of Justice written by Juan José Quintana and published by BRILL. This book was released on 2015-05-19 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The International Court of Justice and Municipal Courts written by Oktawian Kuc and published by Routledge. This book was released on 2022-04-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.

Download or read book Boundaries of Discourse in the International Court of Justice written by Michelle Burgis and published by BRILL. This book was released on 2009-04-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of ‘universal’ statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.

Download or read book The International Court of Justice written by Robert Kolb and published by A&C Black. This book was released on 2014-07-18 with total page 1754 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales. Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars: 'Robert Kolb's International Court of Justice provides a magisterial, lucid study of its subject. The breadth and depth of the treatment are impressive: Kolb takes the reader from the history of the Court, to its role in international society, to the more technical questions concerning its composition, powers and procedures, to the development of its jurisprudence, and to its future. The finely grained discussion provides much more than a mere survey of the Court's constitutive instruments and decisions. It engages the Court as an institution and asks how it actually operates, and secures efficacy and authority in doing so. The book's careful and detailed coverage of the Court's legal framework and operation will benefit practitioners and scholars alike. There is no doubt that Kolb's volume immediately takes a place among the authoritative references on the Court.' ASIL Book Awards Committee This title is included in Bloomsbury Professional's International Arbitration online service.

Download or read book Report of the International Court of Justice written by International Court of Justice and published by . This book was released on 1994 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Negotiations in the Case Law of the International Court of Justice written by Karel Wellens and published by Routledge. This book was released on 2016-04-22 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.

Download or read book The Contractual Nature of the Optional Clause written by Gunnar Törber and published by Bloomsbury Publishing. This book was released on 2015-07-16 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.

Download or read book Australia s Nuclear Policy written by Michael Clarke and published by Routledge. This book was released on 2016-03-03 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia’s Nuclear Policy: Reconciling Strategic, Economic and Normative Interests critically re-evaluates Australia’s engagement with nuclear weapons, nuclear power and the nuclear fuel cycle since the dawn of the nuclear age. The authors develop a holistic conception of ’nuclear policy’ that extends across the three distinct but related spheres - strategic, economic and normative - that have arisen from the basic ’dual-use’ dilemma of nuclear technology. Existing scholarship on Australia’s nuclear policy has generally grappled with each of these spheres in isolation. In a fresh evaluation of the field, the authors investigate the broader aims of Australian nuclear policy and detail how successive Australian governments have engaged with nuclear issues since 1945. Through its holistic approach, the book demonstrates the logic of seemingly conflicting policy positions at the heart of Australian nuclear policy, including simultaneous reliance on US extended deterrence and the pursuit of nuclear disarmament. Such apparent contradictions highlight the complex relationships between different ends and means of nuclear policy. How successive Australian governments of different political shades have attempted to reconcile these in their nuclear policy over time is a central part of the history and future of Australia’s engagement with the nuclear fuel cycle.

Download or read book The Oxford Handbook of International Arbitration written by Thomas Schultz and published by Oxford University Press, USA. This book was released on 2020-06-30 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook offers academics and practitioners a one-stop-shop entry into the subject of international arbitration, and the ways in which it is discussed today.

Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2008-02-11 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports in English on decisions of international courts and arbitrators and judgments of national courts.