The International Court Of Justice And The Judicial Function

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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 : 49,5 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.

The International Court of Justice

Serena Forlati
The International Court of Justice Book PDF

Author : Serena Forlati
Publisher : Springer
Page : 239 pages
File Size : 51,8 Mb
Release : 2014-06-23
Category : Law
ISBN : 9783319061795

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The International Court of Justice by Serena Forlati Pdf

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

The International Court of Justice

A. Sam Muller,Sam Muller,David Raič,J. M. Thuránszky
The International Court of Justice Book PDF

Author : A. Sam Muller,Sam Muller,David Raič,J. M. Thuránszky
Publisher : Martinus Nijhoff Publishers
Page : 472 pages
File Size : 52,7 Mb
Release : 1997-01-01
Category : Law
ISBN : 9041103252

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The International Court of Justice by A. Sam Muller,Sam Muller,David Raič,J. M. Thuránszky Pdf

This is the third volume in the series by the "Leiden Journal of" "International Law" dealing with the Decade of International Law and International Dispute Settlement. In this book, the 50th anniversary of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as "roles "played by the Court. First and foremost, its role as a mechanism for the settlement of disputes is examined. The analysis goes beyond the traditional frontiers of disputes between states and also explores the possibilities of granting international organizations and individuals access to the Court. The second role that is looked into is its supervisory role, or, in other words, its possible role as supreme court in international law. Thirdly, the Court in its advisory function is examined. The last role that is focused upon is the Court in its role as developer of rules of international law. The book ends with a conclusion from both a legal and a political perspective.

The International Court of Justice and the Effectiveness of International Law

Philippe Couvreur
The International Court of Justice and the Effectiveness of International Law Book PDF

Author : Philippe Couvreur
Publisher : Martinus Nijhoff Publishers
Page : 277 pages
File Size : 53,5 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.

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 : 53,5 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.

The Development of International Law by the International Court of Justice

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

Author : Christian J. Tams,James Sloan
Publisher : OUP Oxford
Page : 432 pages
File Size : 48,7 Mb
Release : 2013-09-12
Category : Law
ISBN : 9780191650345

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

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.

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 : 52,6 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.

Modernizing the Role of the International Court of Justice

Bertrand Ramcharan
Modernizing the Role of the International Court of Justice Book PDF

Author : Bertrand Ramcharan
Publisher : Springer Nature
Page : 207 pages
File Size : 43,8 Mb
Release : 2022-03-16
Category : Law
ISBN : 9789462655195

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Modernizing the Role of the International Court of Justice by Bertrand Ramcharan Pdf

This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation. Bertrand Ramcharan (Guyana) is a Barrister-at-Law of Lincoln’s Inn with a Doctorate in international law from the London School of Economics (LSE) and the Diploma in International Law of the Hague Academy of International Law. He was LSE International Law Scholar and has been Commissioner of the International Commission of Jurists and a Member of the Permanent Court of Arbitration. He has also been Director of the Research Centre of the Hague Academy of International Law (The Right to Life), Professor at the Geneva Graduate Institute, and Chancellor of the University of Guyana. He is a former Chief speech-writer of the UN Secretary-General, and has performed the functions of UN High Commissioner for Human Rights. His doctoral thesis was on the approach of the International Law Commission to the codification and progressive development of international law.

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 : 40,5 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.

The Advisory Function of the International Court of Justice 1946 - 2005

Mahasen Mohammad Aljaghoub
The Advisory Function of the International Court of Justice 1946 2005 Book PDF

Author : Mahasen Mohammad Aljaghoub
Publisher : Springer Science & Business Media
Page : 305 pages
File Size : 54,9 Mb
Release : 2007-06-21
Category : Law
ISBN : 9783540357346

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The Advisory Function of the International Court of Justice 1946 - 2005 by Mahasen Mohammad Aljaghoub Pdf

The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court’s contribution as one of the UN’s principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.

The Elgar Companion to the International Court of Justice

Robert Kolb
The Elgar Companion to the International Court of Justice Book PDF

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 497 pages
File Size : 50,7 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781782544869

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The Elgar Companion to the International Court of Justice by Robert Kolb Pdf

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant an

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 : 55,5 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.

The International Court of Justice and the Judicial Function

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

Author : Gleider Ignacio Hernández
Publisher : Unknown
Page : 330 pages
File Size : 47,6 Mb
Release : 2014
Category : International and municipal law
ISBN : 0191747858

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

The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.

Legacies of the Permanent Court of International Justice

Malgosia Fitzmaurice,Christian J. Tams
Legacies of the Permanent Court of International Justice Book PDF

Author : Malgosia Fitzmaurice,Christian J. Tams
Publisher : Martinus Nijhoff Publishers
Page : 425 pages
File Size : 54,8 Mb
Release : 2013-01-09
Category : Business & Economics
ISBN : 9789004244948

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Legacies of the Permanent Court of International Justice by Malgosia Fitzmaurice,Christian J. Tams Pdf

'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.

The International Court of Justice

Robert Kolb
The International Court of Justice Book PDF

Author : Robert Kolb
Publisher : A&C Black
Page : 1754 pages
File Size : 42,7 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251880

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The International Court of Justice by Robert Kolb Pdf

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. Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars: 'Robert Kolb's International Court of Justice provides a magisterial, lucid study of its subject. The breadth and depth of the treatment are impressive: Kolb takes the reader from the history of the Court, to its role in international society, to the more technical questions concerning its composition, powers and procedures, to the development of its jurisprudence, and to its future. The finely grained discussion provides much more than a mere survey of the Court's constitutive instruments and decisions. It engages the Court as an institution and asks how it actually operates, and secures efficacy and authority in doing so. The book's careful and detailed coverage of the Court's legal framework and operation will benefit practitioners and scholars alike. There is no doubt that Kolb's volume immediately takes a place among the authoritative references on the Court.' ASIL Book Awards Committee This title is included in Bloomsbury Professional's International Arbitration online service.