The International Court Of Justice And Judicial Review

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The International Court of Justice and Judicial Review

Kaiyan Homi Kaikobad
The International Court of Justice and Judicial Review Book PDF

Author : Kaiyan Homi Kaikobad
Publisher : BRILL
Page : 383 pages
File Size : 49,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481015

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The International Court of Justice and Judicial Review by Kaiyan Homi Kaikobad Pdf

This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee disputes, and the nature of the activities of the Review Committee of the General Assembly. These problems are examined with a view to shedding light on the nature, scope and extent of the Court's powers of judicial review. The main study is preceded by an exhaustive survey of the genesis of the review system established by the Statutes of these Tribunals. Included also in this volume is an account of the informal and rudimentary judicial review arrangement the Court enjoys by way of its advisory and contentious jurisdiction with respect to institutional action other than that of UNAT and ILOAT judgments. When in 1995 the General Assembly abolished the UNAT review system, various considerations were in the forefront: a detailed survey of which is provided in the penultimate part of the book. Several significant themes are explored in the concluding chapter. These include issues dealing with the motivation for establishing the review system, the divisions within the Court and possible reform, as opposed to abolition, of the system.

The International Court of Justice and Judicial Review

Kaiyan Homi Kaikobad
The International Court of Justice and Judicial Review Book PDF

Author : Kaiyan Homi Kaikobad
Publisher : Martinus Nijhoff Publishers
Page : 388 pages
File Size : 51,7 Mb
Release : 2000-09-28
Category : Political Science
ISBN : 9041114718

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The International Court of Justice and Judicial Review by Kaiyan Homi Kaikobad Pdf

This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee disputes, and the nature of the activities of the Review Committee of the General Assembly. These problems are examined with a view to shedding light on the nature, scope and extent of the Court's powers of judicial review. The main study is preceded by an exhaustive survey of the genesis of the review system established by the Statutes of these Tribunals. Included also in this volume is an account of the informal and rudimentary judicial review arrangement the Court enjoys by way of its advisory and contentious jurisdiction with respect to institutional action other than that of UNAT and ILOAT judgments. When in 1995 the General Assembly abolished the UNAT review system, various considerations were in the forefront: a detailed survey of which is provided in the penultimate part of the book. Several significant themes are explored in the concluding chapter. These include issues dealing with the motivation for establishing the review system, the divisions within the Court and possible reform, as opposed to abolition, of the system.

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 : 47,6 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.

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 : 50,6 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

Fifty Years of the International Court of Justice

Vaughan Lowe,Malgosia Fitzmaurice,M. Fitzmaurice
Fifty Years of the International Court of Justice Book PDF

Author : Vaughan Lowe,Malgosia Fitzmaurice,M. Fitzmaurice
Publisher : Cambridge University Press
Page : 682 pages
File Size : 46,5 Mb
Release : 1996-02-29
Category : Law
ISBN : 9780521550932

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Fifty Years of the International Court of Justice by Vaughan Lowe,Malgosia Fitzmaurice,M. Fitzmaurice Pdf

To mark the fiftieth anniversary of the International Court of Justice, a distinguished group of international judges, practitioners and academics has undertaken a major review of its work. The chapters discuss the main areas of substantive law with which the Court has been concerned, and the more significant aspects of its practice and procedure in dealing with cases before it. It discusses the role of the Court in the international legal order and its relationship with the political organs of the United Nations. The thirty-three chapters are presented under five headings: the Court; the sources and evidence of international law; substance of international law; procedural aspects of the Court's work; the Court and the United Nations. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.

The International Court of Justice

Oliver James Lissitzyn
The International Court of Justice Book PDF

Author : Oliver James Lissitzyn
Publisher : The Lawbook Exchange, Ltd.
Page : 134 pages
File Size : 49,9 Mb
Release : 2006
Category : International courts
ISBN : 9781584777021

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The International Court of Justice by Oliver James Lissitzyn Pdf

A successor to the League of Nation's Permanent Court of International Justice, the International Court of Justice was established in 1946 by the United Nations. Written during its early years, this incisive study outlines how the court functioned as an "instrument for the maintenance of international peace and security" and how it may function in the future. Though skeptical that the court would be a powerful institution, Lissitzyn believed its rulings would have a modest but notable effect on the development of international law. Long out of print, this essay was originally published in the Carnegie series United Nations Studies.

Deference in International Courts and Tribunals

Lukasz Gruszczynski,Wouter Werner
Deference in International Courts and Tribunals Book PDF

Author : Lukasz Gruszczynski,Wouter Werner
Publisher : OUP Oxford
Page : 400 pages
File Size : 49,8 Mb
Release : 2014-10-09
Category : Law
ISBN : 9780191026508

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Deference in International Courts and Tribunals by Lukasz Gruszczynski,Wouter Werner Pdf

International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.

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 : 47,8 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.

The International Court of Justice and the Judicial Function

Gleider I Hernández
The International Court of Justice and the Judicial Function Book PDF

Author : Gleider I Hernández
Publisher : OUP Oxford
Page : 368 pages
File Size : 50,6 Mb
Release : 2014-05-29
Category : Law
ISBN : 9780191502569

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The International Court of Justice and the Judicial Function by Gleider I Hernández Pdf

This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

Judicial Review in International Perspective

Gordon Slynn Baron Slynn of Hadley,Mads Tønnesson Andenæs,Duncan Fairgrieve
Judicial Review in International Perspective Book PDF

Author : Gordon Slynn Baron Slynn of Hadley,Mads Tønnesson Andenæs,Duncan Fairgrieve
Publisher : Kluwer Law International B.V.
Page : 544 pages
File Size : 41,8 Mb
Release : 2000-01-01
Category : Law
ISBN : 9789041113788

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Judicial Review in International Perspective by Gordon Slynn Baron Slynn of Hadley,Mads Tønnesson Andenæs,Duncan Fairgrieve Pdf

Lord Slynn of Hadley is one of the outstanding judges of his time. He has served as a High Court Judge, as an Advocate General and a Judge of the European Court of Justice, and he has been a Lord of Appeal for ten years. This Liber Amicorum bears testimony to the international reputation that he has achieved for his judgments and for his scholarship. In the many distinguished contributions, judges from international courts and from Supreme Courts and Constitutional Courts, together with academics from leading universities around the world, have taken the opportunity to celebrate the accomplishments of Lord Slynn's legal career thus far, and also to discuss areas of law where Lord Slynn can be expected to give important impulses to further development. `Mr Gordon Slynn was outstanding. The best I have ever known. He will go far.' Lord Denning, Master of the Rolls, 1980.

The Standard of Review before the International Court of Justice

Felix Fouchard
The Standard of Review before the International Court of Justice Book PDF

Author : Felix Fouchard
Publisher : Bloomsbury Publishing
Page : 265 pages
File Size : 50,6 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781509971329

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The Standard of Review before the International Court of Justice by Felix Fouchard Pdf

This book examines how the International Court of Justice (ICJ) reviews State behaviour through the prism of the standard of review. It develops a novel rationale to support the ICJ's application of deferential standards of review as a judicial avoidance technique, based on strategic considerations. It then goes on to empirically assess all 31 decisions of the Court in which the standard of review was at issue, showing how the Court determines that standard, and answering the question of whether it varies its review intensity strategically. As a result, the book's original contribution is two-fold: establishing a new rationale for judicial deference (that can be applied to all international courts and tribunals); and providing the first comprehensive, empirical analysis of the ICJ's standards of review. It will be beneficial to all scholars of the Court and those interested in judicial strategy.

Advisory Opinions of the International Court of Justice

Khawar Qureshi,Catriona Nicol,Joseph Dyke
Advisory Opinions of the International Court of Justice Book PDF

Author : Khawar Qureshi,Catriona Nicol,Joseph Dyke
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2018
Category : Advisory opinions
ISBN : 0854902325

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Advisory Opinions of the International Court of Justice by Khawar Qureshi,Catriona Nicol,Joseph Dyke Pdf

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 Judicial Review

Shai Dothan
International Judicial Review Book PDF

Author : Shai Dothan
Publisher : Cambridge University Press
Page : 173 pages
File Size : 52,7 Mb
Release : 2020-03-05
Category : Law
ISBN : 9781108488761

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International Judicial Review by Shai Dothan Pdf

The book explains when international courts should and when they should not intervene in domestic affairs. It is based on both empirical and theoretical inquires that circumscribe the cases when intervention of international courts is legitimate, likely to identify good legal solutions, and will lead to good outcomes.

Judicial Review and Bureaucratic Impact

M. L. M. Hertogh,Simon Halliday
Judicial Review and Bureaucratic Impact Book PDF

Author : M. L. M. Hertogh,Simon Halliday
Publisher : Cambridge University Press
Page : 334 pages
File Size : 46,9 Mb
Release : 2004-08-19
Category : Law
ISBN : 0521547865

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Judicial Review and Bureaucratic Impact by M. L. M. Hertogh,Simon Halliday Pdf

A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.

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 : 12559 pages
File Size : 44,5 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191632549

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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.