The Humanitarian Face Of The International Court Of Justice

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The Humanitarian Face of the International Court of Justice

Gentian Zyberi
The Humanitarian Face of the International Court of Justice Book PDF

Author : Gentian Zyberi
Publisher : Unknown
Page : 552 pages
File Size : 43,8 Mb
Release : 2008
Category : Law
ISBN : STANFORD:36105064259638

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The Humanitarian Face of the International Court of Justice by Gentian Zyberi Pdf

This book represents the first effort in assessing the role and contribution of the International Court of Justice (ICJ) in interpreting and developing rules and principles of international human rights and humanitarian law. First, the book addresses the Court's possibilities and limitations in the fields of international human rights and humanitarian law. Second, in exposing the contribution of the Court, the book provides a detailed analysis of relevant case law stretching from its establishment in 1946 to the end of 2007. It should be noted that through its case law, the Court has managed to wed international law to humanitarian demands for protection and respect for individual human rights, human life, and human dignity. The third component of the book looks into the relationship between the ICJ and specialized international human rights and humanitarian law courts and tribunals and international quasi-judicial bodies. Finally, the author offers a number of conclusions and recommendations aimed at enhancing the possible role and impact of the ICJ and improving the international legal system concerned with the promotion and the protection of human rights. Intersentia is proud to announce that both Antoine Buyse and Gentian Zyberi won the Max van der Stoel Human Rights Award 2008.

The Role and Record of the International Court of Justice

Nagendra Singh
The Role and Record of the International Court of Justice Book PDF

Author : Nagendra Singh
Publisher : Martinus Nijhoff Publishers
Page : 472 pages
File Size : 44,5 Mb
Release : 1989-11-16
Category : Political Science
ISBN : 0792302915

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The Role and Record of the International Court of Justice by Nagendra Singh Pdf

Since its birth with the creation of the international Red Cross in 1863, international humanitarian assistance has developed considerably since World War II. In accordance with the Red Cross principle of humanity, it aims at preventing & alleviating human suffering wherever it may be found, protecting life & health & ensuring respect for the human being. International humanitarian assistance involves a complex network of government agencies, intergovernmental & non-governmental organizations, & individual volunteers: it has been labelled a 'non-system'. While governments & intergovernmental organizations play a dominant & structured role in this field, the non-governmental organizations & their volunteers have proved to be their necessary operational partners, providing material, medical & moral relief & care wherever it may be needed, beyond borders, at the grassroots level. Following a brief review of recent humanitarian activities of intergovernmental organizations, & an analysis of current trends of voluntarism, this book focuses on the role, status & attitudes of the major humanitarian non-governmental organizations, including the Red Cross organizations, the British charities, Church-related agencies, medical volunteers (such as the 'French Doctors') & U.N. volunteers. Should humanitarian non-governmental organizations provide relief assistance with the Red Cross concern for discretion, neutrality & impartiality? Or should they bear witness & denounce publicly human rights violations, at the risk of being expelled from recipient countries & having to stop their assistance? The controversial claim of a 'right' to receive & a 'duty' to provide humanitarian assistance beyond borders is also addressed, as well as the possible need for a status to be accorded to international volunteers.

Adjudicating International Human Rights

James A. Green,Christopher P.M. Waters
Adjudicating International Human Rights Book PDF

Author : James A. Green,Christopher P.M. Waters
Publisher : Martinus Nijhoff Publishers
Page : 251 pages
File Size : 48,6 Mb
Release : 2015-01-27
Category : Law
ISBN : 9789004261181

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Adjudicating International Human Rights by James A. Green,Christopher P.M. Waters Pdf

Adjudicating International Human Rights honours Professor Sandy Ghandhi on his retirement from law teaching. It does so through a series of targeted essays which probe the framework and adequacy of international human rights adjudication. Eminent international law scholars (such as Sir Nigel Rodley, Professor Javaid Rehman and Professor Malcolm Evans), along with emerging writers in the field, take Professor Ghandhi’s body of work—focussed on human rights protection through legal institutions—as a starting point for a variety of analytical essays. Adjudicating International Human Rights includes chapters devoted to human rights protection in a number of different institutional contexts, ranging from the ICJ and the Human Rights Committee to truth commissions and NAFTA arbitration tribunals.

International Law and the Quest for Its Implementation

Laurence Boisson De Chazournes,Marcelo Gustavo Kohen
International Law and the Quest for Its Implementation Book PDF

Author : Laurence Boisson De Chazournes,Marcelo Gustavo Kohen
Publisher : BRILL
Page : 532 pages
File Size : 46,5 Mb
Release : 2010
Category : Law
ISBN : 9789004177147

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International Law and the Quest for Its Implementation by Laurence Boisson De Chazournes,Marcelo Gustavo Kohen Pdf

This Liber Amicorum in honour of Professor Vera Gowlland-Debbas covers most of the topical problems of contemporary international law, in particular those related to the United Nations, human rights and humanitarian law, law-making, compliance and peaceful settlement of disputes.

Customary International Humanitarian Law

Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Customary International Humanitarian Law Book PDF

Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 47,9 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996

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Customary International Humanitarian Law by Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge Pdf

Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

Mohamed Sameh M. Amr
The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations Book PDF

Author : Mohamed Sameh M. Amr
Publisher : BRILL
Page : 471 pages
File Size : 49,9 Mb
Release : 2021-08-04
Category : Business & Economics
ISBN : 9789004479104

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

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it 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.

A Farewell to Fragmentation

Mads Tønnesson Andenæs,Eirik Bjorge
A Farewell to Fragmentation Book PDF

Author : Mads Tønnesson Andenæs,Eirik Bjorge
Publisher : Cambridge University Press
Page : 605 pages
File Size : 44,9 Mb
Release : 2015-10-09
Category : Law
ISBN : 9781107082090

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A Farewell to Fragmentation by Mads Tønnesson Andenæs,Eirik Bjorge Pdf

Exploring the role of the International Court of Justice in the re-convergence of international law, this 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.

Enhancing the Rule of Law through the International Court of Justice

Giorgio Gaja,Jenny Grote Stoutenburg
Enhancing the Rule of Law through the International Court of Justice Book PDF

Author : Giorgio Gaja,Jenny Grote Stoutenburg
Publisher : Martinus Nijhoff Publishers
Page : 180 pages
File Size : 54,8 Mb
Release : 2014-07-10
Category : Business & Economics
ISBN : 9789004278561

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Enhancing the Rule of Law through the International Court of Justice by Giorgio Gaja,Jenny Grote Stoutenburg Pdf

What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices". With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann

The Cambridge Companion to the International Court of Justice

Carlos Espósito,Kate Parlett
The Cambridge Companion to the International Court of Justice Book PDF

Author : Carlos Espósito,Kate Parlett
Publisher : Cambridge University Press
Page : 954 pages
File Size : 54,5 Mb
Release : 2023-04-06
Category : Law
ISBN : 9781108809580

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The Cambridge Companion to the International Court of Justice by Carlos Espósito,Kate Parlett Pdf

As international law has become more present in global policy-making, the International Court of Justice (ICJ) has come to occupy an essential and increasingly visible role in international relations. This collection explores substantive developments within the ICJ and offers critical perspectives on its historical and contemporary role. It also examines the growing role of the ICJ in the settlement of international disputes and assesses the impact of the ICJ's jurisprudence on the major areas of international law, from the territorial delimitation to human rights. With contributions from a diverse range of scholars and practitioners, the collection's contents combine a legal perspective with institutional and sociological insights on the functions of the ICJ. By considering the ICJ's character, jurisdiction and effectiveness, this collection offers a varied and holistic account of the International Court of Justice, an institution whose significance and influence only increase by the day.

International Human Rights Law

Manisuli Ssenyonjo
International Human Rights Law Book PDF

Author : Manisuli Ssenyonjo
Publisher : Routledge
Page : 588 pages
File Size : 54,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317114123

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International Human Rights Law by Manisuli Ssenyonjo Pdf

This timely and valuable book explores the development of international human rights law over the last six decades. The volume brings together leading experts to reflect on different aspects of human rights law, not only considering and evaluating the developments so far, but also identifying relevant problems and proposing relevant possible perspectives for the continued positive future development of human rights law. The book is international in perspective, both in scope and context, and covers developments in the international protection of human rights since the adoption of the UDHR in 1948. The developments considered include the United Nations system of protecting human rights as well as regional human rights systems in Africa, America and Europe. It also considers some key themes relevant to human rights including globalisation, protecting human rights in emergency situations and trade sanctions, the development of human rights NGOs, and many others. The book will be an invaluable resource for students, academics and policy-makers working in the field of international human rights.

Promoting Peace Through International Law

Cecilia Marcela Bailliet,Kjetil Mujezinovic Larsen
Promoting Peace Through International Law Book PDF

Author : Cecilia Marcela Bailliet,Kjetil Mujezinovic Larsen
Publisher : OUP Oxford
Page : 480 pages
File Size : 41,8 Mb
Release : 2015-01-29
Category : Law
ISBN : 9780191034299

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Promoting Peace Through International Law by Cecilia Marcela Bailliet,Kjetil Mujezinovic Larsen Pdf

Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.

Human Rights and Development in International Law

Tahmina Karimova
Human Rights and Development in International Law Book PDF

Author : Tahmina Karimova
Publisher : Routledge
Page : 419 pages
File Size : 48,7 Mb
Release : 2016-04-28
Category : Law
ISBN : 9781317351641

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Human Rights and Development in International Law by Tahmina Karimova Pdf

This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

The Statute of the International Court of Justice

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

Author : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher : OUP Oxford
Page : 1798 pages
File Size : 48,6 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.

Human Rights Norms in ‘Other' International Courts

Martin Scheinin
Human Rights Norms in Other International Courts Book PDF

Author : Martin Scheinin
Publisher : Cambridge University Press
Page : 517 pages
File Size : 55,8 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781108499736

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Human Rights Norms in ‘Other' International Courts by Martin Scheinin Pdf

Examines the role and impact of human rights norms in international courts other than human rights courts

International Dispute Resolution and the Public Policy Exception

Farshad Ghodoosi
International Dispute Resolution and the Public Policy Exception Book PDF

Author : Farshad Ghodoosi
Publisher : Routledge
Page : 169 pages
File Size : 55,9 Mb
Release : 2016-06-10
Category : Law
ISBN : 9781317292838

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International Dispute Resolution and the Public Policy Exception by Farshad Ghodoosi Pdf

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion—a safety valve and a control mechanism for today’s international and domestic international dispute resolution— no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today’s international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.