Nicaragua Before The International Court Of Justice

Author : Edgardo Sobenes Obregon,Benjamin Samson
Publisher : Springer
Page : 435 pages
File Size : 53,9 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 : United States
Publisher : Unknown
Page : 270 pages
File Size : 45,5 Mb
Release : 1984
Category : Harbors
ISBN : UIUC:30112021154544

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Nicaragua V. United States of America by United States Pdf

Author : Terry D Gill
Publisher : Martinus Nijhoff Publishers
Page : 379 pages
File Size : 53,7 Mb
Release : 1989-06
Category : Business & Economics
ISBN : 9789004634558

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Litigation Strategy at the International Court by Terry D Gill Pdf

Author : Shabtai Rosenne
Publisher : BRILL
Page : 225 pages
File Size : 51,5 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004634787

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Intervention in the International Court of Justice by Shabtai Rosenne Pdf

In approaching the writing of Intervention in the International Court of Justice, the author soon reached two conclusions. The first was that in order to understand the attitude of the Court today in applying the provisions of Articles 62 and 63 of the Statute, considerable importance attaches to their legislative history. In the Barcelona Traction (Preliminary Objections) case the Court referred to the `drafting records' of certain provisions of the Rules of Court under consideration there. The second conclusion was that examination of the decisions of the Court in intervention proceedings incidentally and in isolation from the case as a whole could put the material out of focus. The Court's position in a case of intervention can only be fully assessed in the context of the proceedings as a whole, when the real influence of the intervention phase on the final decision comes into the open. In addition, a new dimension, that of modern diplomacy, could be added to an understanding of the difficulties posed - for the Court, for individual States and for their legal advisers - by the institution of intervention. The book is based on a series of courses given by the author as Belle van Zuylen Professor in the Humanities at the University of Utrecht in 1986--1987. Nicaragua's intervention in the `Land, Island and Maritime Frontier Dispute' case between El Salvador and Honduras before a Chamber of the International Court led to a complete reexamination of the whole work, and to this current publication.

Author : Anna Riddell,Brendan Plant
Publisher : British Institute for International & Comparative Law
Page : 458 pages
File Size : 53,7 Mb
Release : 2009
Category : Civil procedure (International law)
ISBN : STANFORD:36105134453476

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Evidence Before the International Court of Justice by Anna Riddell,Brendan Plant Pdf

Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.

Author : Paula Wojcikiewicz Almeida,Júlia Rodrigues Costa de Serpa Brandão,Ananda Menegotto Weingärtner
Publisher : Cambridge Scholars Publishing
Page : 485 pages
File Size : 52,9 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 : Nicaragua,International Court of Justice
Publisher : Unknown
Page : 522 pages
File Size : 50,9 Mb
Release : 2000
Category : Intervention (International law)
ISBN : STANFORD:36105062237305

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Affaire Des Activités Militaires Et Paramilitaires Au Nicaragua Et Contre Celui-ci (Nicaragua C. États-Unis D'Amérique) by Nicaragua,International Court of Justice Pdf

Author : Philippe Couvreur
Publisher : Martinus Nijhoff Publishers
Page : 277 pages
File Size : 49,9 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 : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher : OUP Oxford
Page : 1798 pages
File Size : 49,7 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 : Christian J. Tams,James Sloan
Publisher : Oxford University Press
Page : 429 pages
File Size : 48,9 Mb
Release : 2013-09-12
Category : Law
ISBN : 9780199653218

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

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.

Author : Victor Stoica
Publisher : Cambridge University Press
Page : 307 pages
File Size : 51,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108490825

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Remedies before the International Court of Justice by Victor Stoica Pdf

An in-depth analysis of the remedies of international law used by the International Court of Justice to resolve inter-state disputes.

Author : International Court of Justice
Publisher : Unknown
Page : 500 pages
File Size : 41,5 Mb
Release : 2000
Category : Intervention (International law)
ISBN : UOM:39015052435289

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Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua V. United States of America): Application instituting proceedings by International Court of Justice Pdf

Author : Paula Wojcikiewicz Almeida,Jean-Marc Sorel
Publisher : Routledge
Page : 342 pages
File Size : 41,7 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781317511359

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

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.

Author : International Court of Justice
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 2000
Category : Intervention (International law)
ISBN : 9210708288

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Military and Paramilitary Activities in and Against Nicaragua (Nicaragua V. United States of America). by International Court of Justice Pdf

Author : Hanqin Xue
Publisher : BRILL
Page : 262 pages
File Size : 47,5 Mb
Release : 2017-08-16
Category : Law
ISBN : 9789004342767

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Jurisdiction of the International Court of Justice by Hanqin Xue Pdf

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.