The Latent Power Of Culture And The International Judge

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International Law Situated

Author : Outi Korhonene
Publisher : BRILL
Page : 344 pages
File Size : 55,6 Mb
Release : 2021-10-25
Category : Law
ISBN : 9789004480988

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International Law Situated by Outi Korhonene Pdf

International Law Situated is the first study in the series of International Law Monographs by the Erik Castrén Institute of International Law and Human Rights. It is an analysis of both theoretical ambition and practical relevance examining the existential and professional situation of the international lawyer from a range of different perspectives. How do international lawyers think about cultural difference and similarity? What is the role of historical facts in international law and practice? How do lawyers construe notions such as `community' or `humanity'; what role is played therein by normative ideas about similarity and difference; or of the good life? What kinds of ethical considerations are implicit in international law and how should practitioners think about them? This book provides a general framework for responding to these questions and shows their impact and relevance through doctrinal and case contexts. It argues for an emphasis on the individual jurist and her situation as an adviser, an advocate, an analyst, and a decision-maker.

The International Judge

Author : Daniel Terris,Cesare P. R. Romano,Leigh Swigart
Publisher : UPNE
Page : 350 pages
File Size : 46,8 Mb
Release : 2007
Category : Law
ISBN : 1584656662

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The International Judge by Daniel Terris,Cesare P. R. Romano,Leigh Swigart Pdf

An interdisciplinary introduction to international judges and their work

Selecting International Judges

Author : Ruth Mackenzie
Publisher : Oxford University Press
Page : 255 pages
File Size : 42,7 Mb
Release : 2010-06-17
Category : Law
ISBN : 9780199580569

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Selecting International Judges by Ruth Mackenzie Pdf

International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.

The Statute of the International Court of Justice

Author : Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher : OUP Oxford
Page : 1798 pages
File Size : 49,6 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.

International Dispute Settlement

Author : J. G. Merrills
Publisher : Cambridge University Press
Page : 388 pages
File Size : 43,5 Mb
Release : 1998-11-26
Category : Law
ISBN : 052163993X

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International Dispute Settlement by J. G. Merrills Pdf

Previous editions published : 2nd (1991) and 1st (1984).

The International Court of Justice and Self-Defence in International Law

Author : James A. Green
Publisher : Bloomsbury Publishing
Page : 246 pages
File Size : 41,9 Mb
Release : 2009-07-30
Category : Law
ISBN : 9781847315205

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The International Court of Justice and Self-Defence in International Law by James A. Green Pdf

The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue. Winner of the American Society of International Law's Lieber Society Book Prize 2009 Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence. Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, London James Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack." Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham University Winner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.

Legacies of the Permanent Court of International Justice

Author : Malgosia Fitzmaurice,Christian J. Tams
Publisher : Martinus Nijhoff Publishers
Page : 425 pages
File Size : 44,9 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 Application of Teachings by the International Court of Justice

Author : Sondre Torp Helmersen
Publisher : Cambridge University Press
Page : 273 pages
File Size : 51,9 Mb
Release : 2021-03-04
Category : Law
ISBN : 9781108844147

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The Application of Teachings by the International Court of Justice by Sondre Torp Helmersen Pdf

The first book-length systematic examination of how teachings are used in practice in international law.

International Legal Argument in the Permanent Court of International Justice

Author : Ole Spiermann
Publisher : Cambridge University Press
Page : 539 pages
File Size : 53,6 Mb
Release : 2005-01-06
Category : Law
ISBN : 9781139442688

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International Legal Argument in the Permanent Court of International Justice by Ole Spiermann Pdf

The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

The European Court of Human Rights between Law and Politics

Author : Jonas Christoffersen,Mikael Rask Madsen
Publisher : OUP Oxford
Page : 1115 pages
File Size : 55,7 Mb
Release : 2013-09-05
Category : Law
ISBN : 9780191509971

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The European Court of Human Rights between Law and Politics by Jonas Christoffersen,Mikael Rask Madsen Pdf

The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.

The Elgar Companion to the International Court of Justice

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 496 pages
File Size : 43,6 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

Liber Amicorum Judge Shigeru Oda

Author : Nisuke Ando,Edward McWhinney,Rüdiger Wolfrum,Betsy Baker Röben
Publisher : BRILL
Page : 825 pages
File Size : 49,9 Mb
Release : 2023-03-13
Category : Law
ISBN : 9789004531161

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Liber Amicorum Judge Shigeru Oda by Nisuke Ando,Edward McWhinney,Rüdiger Wolfrum,Betsy Baker Röben Pdf

Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).