Download or read book International Law Making by the International Court of Justice and International Law Commission written by Omri Sender and published by Cambridge University Press. This book was released on 2024-06-30 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unparalleled account of the relationship between two central organs of the international legal order and its impact.
Download or read book The Process of International Law Making written by Marija Đorđeska and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38, para.1, of the Statute of the International Court of Justice (“ICJ”) defines customary international law as evidence of general practice accepted as law, understood as State practice and opinio juris. However, by identifying certain norms as custom without referring to the traditional evidence of State practice and opinio juris, international courts and tribunals have also contributed to the formation of customary international law. This paper presents an analysis of how the ICJ in particular, contributes to the formation of customary international law by relying on the draft articles of the International Law Commission (“ILC”). The paper is based on two premises: the ICJ through its functions in applying international law (art.38 ICJ Statute, para.1) creates international law, by clarifying and identifying international law; whereas the ILC, by adopting on draft articles created in a creative process, directly contributes to the creation of international law unless States adopt the ILC draft articles in a treaty. By relying on the un-adopted ILC draft articles and declaring them to be customary international law, the ICJ creates and generates customary international law. The ICJ has been referring to the ILC draft articles since the 1969 North Sea Continental Shelf Case, and has over the years declared the draft articles to be customary international law. Interestingly, the ICJ tends to rely only on particular ILC draft articles that refer to the jurisprudence of either the Permanent Court of International Justice (“PCIJ”) or the ICJ itself. The paper presents research on 70 ICJ decisions and opinions of individual judges that cite to the work of the ILC. The author notes the evolution of the ICJ-ILC relationship through three different time periods, and presents the findings on how, when and why the ICJ relies on the ILC draft articles. In addition, the author gives examples in which the ICJ rejected the reliance on the ILC's work, mainly due to the divergent interpretation on the specific topic of international law. The ICJ, by relying on the ILC draft work as an international legislative tool or evidence of customary international law, is not only generating norms of customary international law, but is also re-affirming the importance of its (and PCIJ's) jurisprudence for the future of international law. Although ICJ decisions are binding only between the parties to the dispute (Art.59 ICJ Statute), the clarification of whether a norm is customary or not, affects the international community of States. Noting the reluctance of States to adopt treaties, and hence their potentially decreasing role in international law-making, this research offers an insight into an alternative venue of international law-making. As the international community, and the ILC itself, is shifting focus on the sources of international law, this paper aims to identify the mechanisms behind international law-making, which will ultimately contribute to international law's needed predictability and a more uniform and reliable interpretation of international law.
Download or read book Change and Stability in International Law Making written by Antonio Cassese and published by Walter de Gruyter. This book was released on 2010-10-13 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Change and Stability in International Law-Making.
Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Download or read book Making Better International Law The International Law Commission at 50 Proceedings of the United Nations Colloquium on Progressive Development and Codification of International Law written by and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United Nations Law Making written by Edward McWhinney and published by New York : Holmes & Meier Publishers. This book was released on 1984 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: UNESCO pub. Study of the role of UN in the development of legal theories and practice in international law - examines international sources of law such as resolutions of the General Assembly and the Security Council, judicial decisions of the ICJ, etc.; considers the impact of political ideologies and international relations on recognition of the right of self determination and the new international economic order. References.
Download or read book Seventy Years of the International Law Commission written by The United Nations and published by BRILL. This book was released on 2020-10-12 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventy Years of the International Law Commission: Drawing a Balance for the Future brings together voices from academia and practice to celebrate and critically evaluate the work of the United Nations International Law Commission (ILC) over the past seventy years. The edited volume draws on the events commemorating the seventieth anniversary of the Commission, which took place in New York and Geneva in May and July 2018. At a time when multilateral law-making has become increasingly challenging, the edited volume appraises the role of one the most important driving forces behind the codification of international law and discusses the ILC’s future contribution to the development of international law.
Download or read book Sources of International Law written by Martti Koskenniemi and published by Routledge. This book was released on 2017-07-05 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Download or read book The Work of the International Law Commission written by Vereinte Nationen International Law Commission and published by . This book was released on 2007 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Perspectives on International Law written by Nandasiri Jasentuliyana and published by Martinus Nijhoff Publishers. This book was released on 1995-11-02 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the spirit of the 50th anniversary of the United Nations and the United Nations Decade of International Law, the contributors to "Perspectives on International Law" honour with this legal treatise a devoted friend of the United Nations and international law, Judge Manfred Lachs - a noted judge, diplomat, humanist and, above all, teacher. The work includes a variety of perspectives on international law relating to what were Judge Lachs' four main areas of interest: the theory and practice of international law, the United Nations, the World Court, and space law. The book meets the need for a reference work covering selected subject areas and providing different perspectives on some of the key issues of current concern. Many eminent experts in various fields related to international law, including Judges of the International Court of Justice, diplomats, and professors of law - most of whom knew Judge Lachs personally - have contributed. Each chapter has been prepared specifically for the book. The contributors represent all political, legal and cultural regions of the world and provide a range of backgrounds and viewpoints, offering a variety of new ideas for strengthening international law, based on their assessment of the lessons of the past.
Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rules Practice and Jurisprudence of International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2012-02-17 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Download or read book The Making of International Law written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 2007 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.
Download or read book The International Court of Justice and Some Contemporary Problems written by T O Elias and published by Martinus Nijhoff Publishers. This book was released on 1983-05 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Settlement of International Disputes written by Edward McWhinney and published by BRILL. This book was released on 2023-11-27 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.
Download or read book Making Better International Law written by and published by . This book was released on 1998 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains the texts of the papers presented at the UN Colloquium, together with a record of those presentations and of the discussions which took place around them.
Download or read book International Law in Transition written by Dhokalia and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
