Negotiations In The Case Law Of The International Court Of Justice

Author : Karel Wellens
Publisher : Routledge
Page : 621 pages
File Size : 42,8 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317089131

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Negotiations in the Case Law of the International Court of Justice by Karel Wellens Pdf

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.

Author : Paula Wojcikiewicz Almeida,Júlia Rodrigues Costa de Serpa Brandão,Ananda Menegotto Weingärtner
Publisher : Cambridge Scholars Publishing
Page : 485 pages
File Size : 53,8 Mb
Release : 2016-12-14
Category : Law
ISBN : 9781443847032

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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 Pdf

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.

Author : Constantine Antonopoulos
Publisher : Springer Science & Business Media
Page : 185 pages
File Size : 52,7 Mb
Release : 2011-05-30
Category : Law
ISBN : 9789067047906

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Counterclaims before the International Court of Justice by Constantine Antonopoulos Pdf

Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law.

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 424 pages
File Size : 40,8 Mb
Release : 2005-10-27
Category : Law
ISBN : 1139448412

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International Dispute Settlement by J. G. Merrills Pdf

A completely updated edition of a definitive survey of the peaceful settlement of disputes - a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. Separate chapters cover the various diplomatic methods (negotiation, mediation, inquiry and conciliation), the legal methods (arbitration and judicial settlement), the special arrangements for disputes concerning trade or the law of the sea, and the role of the United Nations and regional organisations. The strengths and limitations of each method are illustrated with numerous examples taken from international practice. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.

Author : Giuliana Ziccardi Capaldo
Publisher : Martinus Nijhoff Publishers
Page : 726 pages
File Size : 47,6 Mb
Release : 1995
Category : International law
ISBN : 0792329937

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Repertory of Decisions of the International Court of Justice (1947-1992) by Giuliana Ziccardi Capaldo Pdf

This repertory presents in manual form the case law of the International Court of Justice. It attempts a popularization of the Court's maxims in plain language for easy reading so as to provide not only the internationalists but also practitioners and students with a full and readily consultable digest on an important body of judicial opinions, in the knowledge of the Court's decisive role in ascertaining, noting and developing the rules of international law.

Author : Constanze Schulte
Publisher : Unknown
Page : 530 pages
File Size : 50,5 Mb
Release : 2004
Category : International courts
ISBN : STANFORD:36105063936798

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Compliance with Decisions of the International Court of Justice by Constanze Schulte Pdf

The book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations.

Author : Karel Wellens
Publisher : Routledge
Page : 358 pages
File Size : 45,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317089148

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Negotiations in the Case Law of the International Court of Justice by Karel Wellens Pdf

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.

Author : Edgardo Sobenes Obregon,Benjamin Samson
Publisher : Springer
Page : 435 pages
File Size : 46,5 Mb
Release : 2017-11-21
Category : Law
ISBN : 9783319629629

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

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

Author : Regina Rauxloh
Publisher : Routledge
Page : 298 pages
File Size : 51,6 Mb
Release : 2012
Category : Law
ISBN : 9780415597869

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Plea Bargaining in National and International Law by Regina Rauxloh Pdf

The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied.

Author : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher : OUP Oxford
Page : 1798 pages
File Size : 47,8 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191632532

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

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 : Serena Forlati,Makane Moïse Mbengue,Brian McGarry
Publisher : BRILL
Page : 273 pages
File Size : 45,9 Mb
Release : 2020-05-18
Category : Law
ISBN : 9789004428676

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The Gabčíkovo-Nagymaros Judgment and Its Contribution to the Development of International Law by Serena Forlati,Makane Moïse Mbengue,Brian McGarry Pdf

The Gabčíkovo-Nagymaros Judgment and its Contribution to the Development of International Law deconstructs one of the most influential ICJ Judgments and analyses its contributions to the law of treaties, the law of international responsibility, and the law of sustainable development in light of 20 years of subsequent developments in the international legal order.

Author : Juan José Quintana
Publisher : BRILL
Page : 1364 pages
File Size : 45,9 Mb
Release : 2015-05-27
Category : Law
ISBN : 9789004297517

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Litigation at the International Court of Justice by Juan José Quintana Pdf

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.

Author : Philippe Couvreur
Publisher : Martinus Nijhoff Publishers
Page : 277 pages
File Size : 44,5 Mb
Release : 2016-12-15
Category : Law
ISBN : 9789004328860

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The International Court of Justice and the Effectiveness of International Law by Philippe Couvreur Pdf

The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ, 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.

Author : United Nations. Codification Division
Publisher : New York : United Nations
Page : 268 pages
File Size : 46,5 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029249789

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Handbook on the Peaceful Settlement of Disputes Between States by United Nations. Codification Division Pdf

Author : John G. Collier,Vaughan Lowe
Publisher : Oxford University Press, USA
Page : 428 pages
File Size : 46,9 Mb
Release : 2000
Category : Law
ISBN : 0198299273

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The Settlement of Disputes in International Law by John G. Collier,Vaughan Lowe Pdf

For many years it was said that the weakness of international law was the lack of a system for the enforcement of legal obligations. Commentators pointed to the paucity of cases in the International Court and the unwillingness of States to undertake binding obligations to settle their disputes. This position has now changed beyond recognition. The number of international tribunals has increased and many of them, such as ICSID and the International Court of Justice, are busier than at any time in their history. Increasingly, the classical procedures of diplomatic protection are circumvented as corporations and individuals litigate in their own right against States in international tribunals. This book surveys the range of procedures for the settlement of international disputes, whether the disputes arise between States or between States and corporations or individuals. The first part of the book examines non-judicial procedures such as negotiation, mediation, fact-finding, as well as judicial procedures. Among the tribunals covered are ICSID, the UNCC and the Iran-US Claim Tribunal, the WTO disputes panels, ad-hoc inter-State and international commercial arbitral tribunals and the International Court of Justice. In the second part of the book the emerging principles of procedural law applied in these tribunals are discussed. Here the authors go through the entire settlement process from the agreement to submit to a settlement procedure and the constitution of the tribunal, through to the determination of the law applicable to the merits and to the procedure of the tribunal, to the review, and ultimately the recognition and enforcement of tribunal awards.