The Development of International Law by the International Court of Justice by Christian J. Tams,James Sloan

The Development of International Law by the International Court of Justice
  • Title : The Development of International Law by the International Court of Justice
  • Author : Christian J. Tams,James Sloan
  • Publisher : Oxford University Press
  • ISBN Code : 0199653216
  • Pages : 400
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.


Latin America and the International Court of Justice by Paula Wojcikiewicz Almeida,Jean-Marc Sorel

Latin America and the International Court of Justice
  • Title : Latin America and the International Court of Justice
  • Author : Paula Wojcikiewicz Almeida,Jean-Marc Sorel
  • Publisher :
  • ISBN Code : 9781138613744
  • Pages : 348
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.


The Development of International Law by the International Court by Hersch Lauterpacht

The Development of International Law by the International Court
  • Title : The Development of International Law by the International Court
  • Author : Hersch Lauterpacht
  • Publisher : Cambridge University Press
  • ISBN Code : 0521463327
  • Pages : 427
  • Format : Pdf - ePub
  • Language : English
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Summary:

The book appraises the international judicial process and will be of value to anyone interested in this subject.


The Development of Human Rights Law by the Judges of the International Court of Justice by Shiv R.S. Bedi

The Development of Human Rights Law by the Judges of the International Court of Justice
  • Title : The Development of Human Rights Law by the Judges of the International Court of Justice
  • Author : Shiv R.S. Bedi
  • Publisher : Bloomsbury Publishing
  • ISBN Code : 1847313434
  • Pages : 480
  • Format : Pdf - ePub
  • Language : English
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Summary:

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 International Court of Justice by Robert Kolb

The International Court of Justice
  • Title : The International Court of Justice
  • Author : Robert Kolb
  • Publisher : A&C Black
  • ISBN Code : 178225188X
  • Pages : 1362
  • Format : Pdf - ePub
  • Language : English
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Summary:

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


The Statute of the International Court of Justice by Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams

The Statute of the International Court of Justice
  • Title : The Statute of the International Court of Justice
  • Author : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
  • Publisher : OUP Oxford
  • ISBN Code : 0191632546
  • Pages : 1808
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


The International Court of Justice And Some Contemporary Problems by Taslim Olawale Elias

The International Court of Justice And Some Contemporary Problems
  • Title : The International Court of Justice And Some Contemporary Problems
  • Author : Taslim Olawale Elias
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 902472791X
  • Pages : 374
  • Format : Pdf - ePub
  • Language : English
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Summary:


The International Court of Justice in Maritime Disputes by Julio Faundez

The International Court of Justice in Maritime Disputes
  • Title : The International Court of Justice in Maritime Disputes
  • Author : Julio Faundez
  • Publisher : Routledge
  • ISBN Code : 0429799314
  • Pages : 109
  • Format : Pdf - ePub
  • Language : English
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Summary:

The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.


The International Court of Justice and the Judicial Function by Gleider Hernandez

The International Court of Justice and the Judicial Function
  • Title : The International Court of Justice and the Judicial Function
  • Author : Gleider Hernandez
  • Publisher : Oxford University Press
  • ISBN Code : 0199646635
  • Pages : 330
  • Format : Pdf - ePub
  • Language : English
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Summary:

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 Development of International Law by the Permanent Court of International Justice by Hersch Lauterpacht

The Development of International Law by the Permanent Court of International Justice
  • Title : The Development of International Law by the Permanent Court of International Justice
  • Author : Hersch Lauterpacht
  • Publisher :
  • ISBN Code :
  • Pages : 111
  • Format : Pdf - ePub
  • Language : English
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Summary:


The International Court of Justice and Self-Defence in International Law by James A. Green

The International Court of Justice and Self-Defence in International Law
  • Title : The International Court of Justice and Self-Defence in International Law
  • Author : James A. Green
  • Publisher : Hart Publishing
  • ISBN Code : 9781841138763
  • Pages : 246
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


The International Court of Justice by Hugh Thirlway

The International Court of Justice
  • Title : The International Court of Justice
  • Author : Hugh Thirlway
  • Publisher : Oxford University Press
  • ISBN Code : 0198779070
  • Pages : 240
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


Nicaragua Before the International Court of Justice by Edgardo Sobenes Obregon,Benjamin Samson

Nicaragua Before the International Court of Justice
  • Title : Nicaragua Before the International Court of Justice
  • Author : Edgardo Sobenes Obregon,Benjamin Samson
  • Publisher : Springer
  • ISBN Code : 331962962X
  • Pages : 435
  • Format : Pdf - ePub
  • Language : English
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Summary:

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.


The Case for an International Court of Civil Justice by Maya Steinitz

The Case for an International Court of Civil Justice
  • Title : The Case for an International Court of Civil Justice
  • Author : Maya Steinitz
  • Publisher : Cambridge University Press
  • ISBN Code : 1107162858
  • Pages : 250
  • Format : Pdf - ePub
  • Language : English
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Summary:

When multinational corporations cause mass harms to lives, livelihoods, and the environment in developing countries, it is nearly impossible for victims to find a court that can and will issue an enforceable judgment. In this work, Professor Maya Steinitz presents a detailed rationale for the creation of an International Court of Civil Justice (ICCJ) to hear such transnational mass tort cases. The world's legal systems were not designed to solve these kinds of complex transnational disputes, and the absence of mechanisms to ensure coordination means that victims try, but fail, to find justice in country after country, court after court. The Case for an International Court of Civil Justice explains how an ICCJ would provide victims with access to justice and corporate defendants with a non-corrupt forum and an end to the cost and uncertainty of unending litigation - more efficiently resolving the most complicated types of civil litigation.


The Development and Effectiveness of International Administrative Law by Olufemi Elias

The Development and Effectiveness of International Administrative Law
  • Title : The Development and Effectiveness of International Administrative Law
  • Author : Olufemi Elias
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9004194703
  • Pages : 418
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book contains essays addressing issues including: the role of international administrative law in the governance of international organizations, the contribution of international administrative tribunals, and problems of effectiveness and legitimacy in the design and operation of the institutions of international administrative law.


The Oxford Handbook on the Sources of International Law by Jean d'Aspremont,Samantha Besson

The Oxford Handbook on the Sources of International Law
  • Title : The Oxford Handbook on the Sources of International Law
  • Author : Jean d'Aspremont,Samantha Besson
  • Publisher : Oxford University Press
  • ISBN Code : 0198745362
  • Pages : 1136
  • Format : Pdf - ePub
  • Language : English
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Summary:

The question of the sources of international law inevitably raises some well-known scholarly controversies: where do the rules of international law come from? And more precisely: through which processes are they made, how are they ascertained, and where does the international legal order begin and end? These traditional questions bear on at least two different levels of understanding. First, how are international norms validated as rules of international "law", i.e. legally binding norms? This is the static question of the pedigree of international legal rules and the boundaries of the international legal order. Second, what are the processes through which these rules are made? This is the dynamic question of the making of these rules and of the exercise of public authority in international law. The Oxford Handbook on the Sources of International Law is the very first comprehensive work of its kind devoted to the question of the sources of international law. It provides an accessible and systematic overview of the key issues and debates around the sources of international law. It also offers an authoritative theoretical guide for anyone studying or working within but also outside international law wishing to understand one of its most foundational questions. Thisandbook features original essays by leading international law scholars and theorists from a range of traditions, nationalities and perspectives, reflecting the richness and diversity of scholarship in this area.


A Farewell to Fragmentation by Mads Andenas,Eirik Bjorge

A Farewell to Fragmentation
  • Title : A Farewell to Fragmentation
  • Author : Mads Andenas,Eirik Bjorge
  • Publisher : Cambridge University Press
  • ISBN Code : 1107082099
  • Pages : 524
  • Format : Pdf - ePub
  • Language : English
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Summary:

Explores the role of the International Court of Justice in the re-convergence of international law. The 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.


The ICJ and the Evolution of International Law by Karine Bannelier,Théodore Christakis,Sarah Heathcote

The ICJ and the Evolution of International Law
  • Title : The ICJ and the Evolution of International Law
  • Author : Karine Bannelier,Théodore Christakis,Sarah Heathcote
  • Publisher : Routledge
  • ISBN Code : 1136619305
  • Pages : 400
  • Format : Pdf - ePub
  • Language : English
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Summary:

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History


The Role of the International Court of Justice As the Principal Judicial Organ of the United Nations by Mohamed Sameh M. Amr

The Role of the International Court of Justice As the Principal Judicial Organ of the United Nations
  • Title : The Role of the International Court of Justice As the Principal Judicial Organ of the United Nations
  • Author : Mohamed Sameh M. Amr
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9789041120267
  • Pages : 447
  • Format : Pdf - ePub
  • Language : English
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Summary:

This volume provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court. It concludes with practical suggestions on how to develop the Court's role.


The International Court of Justice by William A. Schabas

The International Court of Justice
  • Title : The International Court of Justice
  • Author : William A. Schabas
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 9781789900170
  • Pages : 1392
  • Format : Pdf - ePub
  • Language : English
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Summary:

The International Court of Justice (the 'World Court') is one of the six principal organs of the United Nations. This important collection covers how the court deals with legal disputes between States and provides advisory opinions on the important issues of international law. Readers of this book will obtain a comprehensive overview of the Court, its activities, procedure and contribution to the progressive development of international law. Containing inspirational work by the most prominent experts in the field, as well as an original introduction by the editor, this timely collection will be a crucial resource for scholars and students alike.


General Principles and the Coherence of International Law by Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters

General Principles and the Coherence of International Law
  • Title : General Principles and the Coherence of International Law
  • Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
  • Publisher : BRILL
  • ISBN Code : 9004390936
  • Pages : 474
  • Format : Pdf - ePub
  • Language : English
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Summary:

General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.


Legacies of the Permanent Court of International Justice by Christian J. Tams,Malgosia Fitzmaurice

Legacies of the Permanent Court of International Justice
  • Title : Legacies of the Permanent Court of International Justice
  • Author : Christian J. Tams,Malgosia Fitzmaurice
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 900424493X
  • Pages : 413
  • Format : Pdf - ePub
  • Language : English
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Summary:

'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.


A Latin American Guide to the International Court of Justice Case Law by Paula Wojcikiewicz Almeida,Júlia Rodrigues Costa de Serpa Brandão,Ananda Menegotto Weingärtner

A Latin American Guide to the International Court of Justice Case Law
  • Title : A Latin American Guide to the International Court of Justice Case Law
  • Author : Paula Wojcikiewicz Almeida,Júlia Rodrigues Costa de Serpa Brandão,Ananda Menegotto Weingärtner
  • Publisher : Cambridge Scholars Publishing
  • ISBN Code : 1443847038
  • Pages : 485
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.


Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective by Dário Moura Vicente

Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective
  • Title : Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective
  • Author : Dário Moura Vicente
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9004298711
  • Pages : 596
  • Format : Pdf - ePub
  • Language : English
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Summary:

Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.


Judges, Law and War by Shane Darcy

Judges, Law and War
  • Title : Judges, Law and War
  • Author : Shane Darcy
  • Publisher : Cambridge University Press
  • ISBN Code : 1107060699
  • Pages : 396
  • Format : Pdf - ePub
  • Language : English
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Summary:

Expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.


The Development of International Law by the European Court of Human Rights by J. G. Merrills

The Development of International Law by the European Court of Human Rights
  • Title : The Development of International Law by the European Court of Human Rights
  • Author : J. G. Merrills
  • Publisher : Manchester University Press
  • ISBN Code : 9780719045608
  • Pages : 265
  • Format : Pdf - ePub
  • Language : English
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Summary:

The rule of law.


Jurisdiction of the International Court of Justice by Hanqin Xue

Jurisdiction of the International Court of Justice
  • Title : Jurisdiction of the International Court of Justice
  • Author : Hanqin Xue
  • Publisher : BRILL
  • ISBN Code : 9004342761
  • Pages : 262
  • Format : Pdf - ePub
  • Language : English
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Summary:

Jurisdiction of the International Court of Justice by Judge Xue Hanqin introduces general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the International Court of Justice.


Comparative Reasoning in International Courts and Tribunals by Daniel Peat

Comparative Reasoning in International Courts and Tribunals
  • Title : Comparative Reasoning in International Courts and Tribunals
  • Author : Daniel Peat
  • Publisher : Cambridge University Press
  • ISBN Code : 1108415474
  • Pages : 292
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.


The State Practice of India and the Development of International Law by Bimal N. Patel

The State Practice of India and the Development of International Law
  • Title : The State Practice of India and the Development of International Law
  • Author : Bimal N. Patel
  • Publisher : Martinus Nijhoff Publishers
  • ISBN Code : 9004321330
  • Pages : 582
  • Format : Pdf - ePub
  • Language : English
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Summary:

The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law.


The International Tribunal for the Law of the Sea by P. Chandrasekhara Rao,Philippe Gautier,

The International Tribunal for the Law of the Sea
  • Title : The International Tribunal for the Law of the Sea
  • Author : P. Chandrasekhara Rao,Philippe Gautier,
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 178643301X
  • Pages : 400
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book provides a first-hand insight into the constitution, jurisdiction, procedure and judicial practice of the International Tribunal for the Law of the Sea. It provides a valuable guide to the jurisprudence of the Tribunal over the past 20 years, and serves as a reference point for practical information on how cases are received and handled by the Tribunal.


The Elgar Companion to the International Court of Justice by Robert Kolb

The Elgar Companion to the International Court of Justice
  • Title : The Elgar Companion to the International Court of Justice
  • Author : Robert Kolb
  • Publisher : Edward Elgar Publishing
  • ISBN Code : 1782544860
  • Pages : 496
  • Format : Pdf - ePub
  • Language : English
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Summary:

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant an


The Law and Procedure of the International Court of Justice by Sir Gerald Fitzmaurice

The Law and Procedure of the International Court of Justice
  • Title : The Law and Procedure of the International Court of Justice
  • Author : Sir Gerald Fitzmaurice
  • Publisher :
  • ISBN Code :
  • Pages : 860
  • Format : Pdf - ePub
  • Language : English
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Summary:


The Sources of International Law by Hugh Thirlway

The Sources of International Law
  • Title : The Sources of International Law
  • Author : Hugh Thirlway
  • Publisher : Oxford University Press
  • ISBN Code : 0199685398
  • Pages : 239
  • Format : Pdf - ePub
  • Language : English
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Summary:

The question of what is, and what is not, part of international law is of course fundamental. Traditionally, treaties between states and custom (state practice) have been seen as the primary means by which international law is created. These two sources, along with the "general principles oflaw", are specified in the Statute of the International Court of Justice (Article 38), and this text has long been treated as generally authoritative. However, whether this is still an adequate definition of the sources of international law, and how they may operate in modern international society,has been questioned in significant ways. Taking Article 38 ICJ Statute as starting-point, this book provides a careful assessment of all the recognised, or asserted, sources of international law. Among the issues considered are: the impact of ethical principles on the creation of international law; the existence of peremptory norms (those of jus cogens), and whether they come into being through the same sources as other norms; the place of these, and of norms involving rights andobligations erga omnes, in the operation of international legal relationships; the definition and role of "general principles of law"; whether any of international law's sub-disciplines involve the application of additional sources; and the continuously evolving relationship between treaty-basedlaw and customary international law. Re-examining the traditional model, the work takes account of the increasing role of international jurisprudence, and looks at international organisations and non-state actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well asinnovative perspectives on new developments, making it essential reading for anyone studying or working in any field of international law.


International Environmental Law by Pierre-Marie Dupuy,Jorge E. Viñuales

International Environmental Law
  • Title : International Environmental Law
  • Author : Pierre-Marie Dupuy,Jorge E. Viñuales
  • Publisher : Cambridge University Press
  • ISBN Code : 1108423604
  • Pages : 578
  • Format : Pdf - ePub
  • Language : English
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Summary:

A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.


Justice in International Law by Stephen M. Schwebel

Justice in International Law
  • Title : Justice in International Law
  • Author : Stephen M. Schwebel
  • Publisher : Cambridge University Press
  • ISBN Code : 113950293X
  • Pages : N.A
  • Format : Pdf - ePub
  • Language : English
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Summary:

Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.


The Bakassi Dispute and the International Court of Justice by Edwin Egede,Mark Igiehon

The Bakassi Dispute and the International Court of Justice
  • Title : The Bakassi Dispute and the International Court of Justice
  • Author : Edwin Egede,Mark Igiehon
  • Publisher : Routledge
  • ISBN Code : 9780367881382
  • Pages : 182
  • Format : Pdf - ePub
  • Language : English
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Summary:

On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.


On the Interpretation of Treaties by Ulf Linderfalk

On the Interpretation of Treaties
  • Title : On the Interpretation of Treaties
  • Author : Ulf Linderfalk
  • Publisher : Springer Science & Business Media
  • ISBN Code : 1402063628
  • Pages : 414
  • Format : Pdf - ePub
  • Language : English
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Summary:

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.


Advisory Opinions of the International Court of Justice by Khawar Qureshi

Advisory Opinions of the International Court of Justice
  • Title : Advisory Opinions of the International Court of Justice
  • Author : Khawar Qureshi
  • Publisher : Wildy\'s Legal Handbook Series
  • ISBN Code : 9780854902323
  • Pages : 316
  • Format : Pdf - ePub
  • Language : English
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Summary:

This book provides a complete guide to the vital Advisory jurisdiction of the ICJ which is available to the UN General Assembly, Security Council and UN Specialised Agencies. Subjects such as Treaty interpretation, privileges and immunities, legality of nuclear weapons, the legality of the "Wall" built by Israel in respect of the Occupied Territories have featured in the ICJ's Advisory Opinions. The author explains why the Advisory Jurisdiction is a vital and important means for the continuous clarification and development of Public International Law. The book analyses the key features of an Advisory Opinion, the process and procedure for invoking the ICJ's jurisdiction, as well as the practice of the Court with reference to its leading Advisory Opinions. The reader will find a complete schedule of all requests and answers delivered by the ICJ and its predecessor the PCIJ since 1922, as well as the relevant Rules and Practice Directions of the ICJ. "The author..[has] achieved the considerable feat of producing a book which manages to avoid the twin perils of technicality and over-simplification." Sir Christopher Greenwood, GBE, CMG, QC (Judge, International Court of Justice, 2009-2018).


International Law in Domestic Courts by Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger

International Law in Domestic Courts
  • Title : International Law in Domestic Courts
  • Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
  • Publisher : Oxford University Press, USA
  • ISBN Code : 0198739745
  • Pages : 768
  • Format : Pdf - ePub
  • Language : English
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Summary:

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.


International Law by Donald R Rothwell,Stuart Kaye,Afshin Akhtar-Khavari,Ruth Davis,Imogen Saunders

International Law
  • Title : International Law
  • Author : Donald R Rothwell,Stuart Kaye,Afshin Akhtar-Khavari,Ruth Davis,Imogen Saunders
  • Publisher : Cambridge University Press
  • ISBN Code : 1108445454
  • Pages : 832
  • Format : Pdf - ePub
  • Language : English
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Summary:

The third edition of International Law: Cases and Materials with Australian Perspectives examines how international law is developed, implemented and interpreted.