The International Court Of Justice And Municipal Courts

Author : Oktawian Kuc
Publisher : Routledge
Page : 304 pages
File Size : 51,6 Mb
Release : 2022-04-28
Category : Law
ISBN : 9781000580518

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The International Court of Justice and Municipal Courts by Oktawian Kuc Pdf

Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.

Author : Vaughan Lowe,Malgosia Fitzmaurice,M. Fitzmaurice
Publisher : Cambridge University Press
Page : 682 pages
File Size : 48,5 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.

Author : H. W. A. Thirlway
Publisher : Oxford University Press
Page : 241 pages
File Size : 50,7 Mb
Release : 2016
Category : Law
ISBN : 9780198779070

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The International Court of Justice by H. W. A. Thirlway Pdf

"In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.

Author : Robert Kolb
Publisher : Bloomsbury Publishing
Page : 1362 pages
File Size : 42,8 Mb
Release : 2013-08-30
Category : Law
ISBN : 9781782256038

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The International Court of Justice by Robert Kolb Pdf

Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars 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.

Author : Zan He
Publisher : Kölner Schriften zu Recht und Staat
Page : 0 pages
File Size : 46,8 Mb
Release : 2010
Category : Civil procedure
ISBN : 3631600100

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The ICJ's Practice on Provisional Measures by Zan He Pdf

This work studies the role of the International Court of Justice (ICJ) regarding the international dispute settlement and the maintenance of international peace and security by examining its practice on provisional measures. The author finds that the ICJ's practice on provisional measures differs from that of municipal courts, due to the necessity to respect the sovereignty of states. Furthermore, the Court attempts to play an important role in the international dispute settlement. The aim to maintain international peace and security is decisive for the Court to assign provisional measures. As shown by the Lockerbie cases, its power was to some extent paralyzed by the Council's breach of its authority. Without any coordinative mechanism within the UN system and the Council's self-restriction, provisional measures cannot be as effective as designated.

Author : Victor Stoica
Publisher : Cambridge University Press
Page : 307 pages
File Size : 50,8 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 : Lambertus Erades
Publisher : Unknown
Page : 1074 pages
File Size : 49,8 Mb
Release : 1993
Category : Conflict of laws
ISBN : STANFORD:36105060938573

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Interactions Between International and Municipal Law by Lambertus Erades 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.

Author : Mohamed Sameh M. Amr
Publisher : BRILL
Page : 471 pages
File Size : 50,7 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.

Author : International Court of Justice
Publisher : United Nations
Page : 118 pages
File Size : 47,9 Mb
Release : 2022-08-03
Category : Law
ISBN : 9789210015547

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The International Court of Justice: 75 Years in the Service of Peace and Justice by International Court of Justice Pdf

This commemorative title includes ten chapters that cover, inter alia, the history of the International Court of Justice, the actors that appear before the Court, the core principles guiding its functioning, the various stages in the evolution of a case, as well as the institution’s contribution to the development of international law.

Author : Barbara M. Yarnold
Publisher : Praeger
Page : 176 pages
File Size : 47,6 Mb
Release : 1991-03-25
Category : Law
ISBN : UOM:39015019426587

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International Fugitives by Barbara M. Yarnold Pdf

In this penetrating analysis of international extradition practices, Barbara Yarnold argues that, as they currently exist, these practices are not functioning adequately. This breakdown is confirmed, she demonstrates, by repeated incidents of illegal international extradition, most recently the 1989 gunboat extradition of Panama's General Noriega by the United States. Yarnold contends that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security because the extra-legal extraditions that are substituted often involve the violation of the territorial sovereignty of another state. Yarnold proposes an alternative mechanism for dealing with requests for international extradition in which the International Court of Justice plays a central role. Divided into three parts, the book begins with a group of chapters that examine and evaluate contemporary extradition practices. The author looks at the history of extradition agreements, analyzes the international extradition proceedings of U.S. district courts during the last sixty years, and shows that the inherent uncertainty and delay in international extradition practices often leads frustrated states to resort to extra-legal or illegal alternatives. In Part II, Yarnold examines efforts that have been made toward resolving international disputes through negotiation rather than through the use of force, focusing particular attention on the development of the International Court of Justice. Finally, the author suggests that the world community of states grant to the International Court of Justice jurisdiction over both international crimes and crimes committed against states but involve the flight of the fugitive from one state to another. She suggests further that the decision regarding whether or not international extradition of a fugitive is warranted should also be made by the International Court of Justice, instead of by courts within states, which are subject to local biases. Students of international relations and international law will find Yarnold's work illuminating reading.

Author : International Court of Justice. Registry
Publisher : UN
Page : 360 pages
File Size : 40,8 Mb
Release : 2016
Category : Law
ISBN : UCBK:C099252492

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The International Court of Justice Handbook by International Court of Justice. Registry Pdf

Seated in The Hague, the International Court of Justice is the highest court in the world and the only one with both general and universal jurisdiction. This sixth edition of The International Court of Justice Handbook provides the basis for a better practical understanding of the facts concerning the history, composition, jurisdiction, procedure ......

Author : Chester Brown
Publisher : International Courts and Tribu
Page : 0 pages
File Size : 51,8 Mb
Release : 2009
Category : Language Arts & Disciplines
ISBN : 019956390X

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A Common Law of International Adjudication by Chester Brown Pdf

Recent years have seen a proliferation of international courts and tribunals, which has given rise to several new issues affecting the administration of international justice. This book makes a signification contribution to understanding the impact of this proliferation by addressing oneimportant question: namely, whether international courts and tribunals are increasingly adopting common approaches to issues of procedure and remedies. This book's central argument is that there is an increasing commonality in the practice of international courts to the application of rulesconcerning these issues, and that this represents the emergence of a common law of international adjudication.This book examines this question by considering several key issues relating to procedure and remedies, and analyses relevant international jurisprudence to demonstrate that there is susbstantial commonality. It goes on to look at why international courts are increasingly adopting common approachesto such questions, and why a greater degree of commonality may be found with respect to some issues rather than others. In doing so, light is shed on the methods adopted by international courts to engage in the cross-fertilization of legal principles.The emergence of a common law of international adjudication has important practical and theoretical implications, as it suggests that international courts can also devise common approaches to the challenges that they face in the age of proliferation. It also suggests that international courts do notgenerally operate as self-contained regimes, but rather that they regard themselves as forming part of a community of international courts, therefore having positive implications for the development of an truly international legal system.

Author : Mads Andenas,Malgosia Fitzmaurice,Attila Tanzi,Jan Wouters
Publisher : BRILL
Page : 474 pages
File Size : 42,5 Mb
Release : 2019-05-20
Category : Law
ISBN : 9789004390935

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

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.

Author : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher : OUP Oxford
Page : 1798 pages
File Size : 46,9 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.