Pdf ebook: The International Court of Justice

Pdf download ebook The International Court of Justice

Summary: 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 d

  • Author : N.a
  • Publisher: Oxford University Press
  • ISBN: 0191084697
  • Genre: Law
  • Number of Pages: 240
  • Language: English
  • Views: 1606
  • Downloads: 1606
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Description: 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.


Pdf ebook: The International Court of Justice

Pdf download ebook The International Court of Justice

Summary: 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 impo

  • Author : Robert Kolb
  • Publisher: A&C Black
  • ISBN: 178225188X
  • Genre: Law
  • Number of Pages: 1362
  • Language: English
  • Views: 705
  • Downloads: 705
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Description: 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


Pdf ebook: The International Court of Justice and the Judicial Function

Pdf download ebook The International Court of Justice and the Judicial Function

Summary: 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 t

  • Author : Gleider I Hernández
  • Publisher: OUP Oxford
  • ISBN: 0191502561
  • Genre: Law
  • Number of Pages: 368
  • Language: English
  • Views: 1763
  • Downloads: 1763
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Description: 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.


Pdf ebook: Latin America and the International Court of Justice

Pdf download ebook Latin America and the International Court of Justice

Summary: This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This cont

  • Author : Paula Wojcikiewicz Almeida,Jean-Marc Sorel
  • Publisher: Taylor & Francis
  • ISBN: 1317511360
  • Genre: Law
  • Number of Pages: 326
  • Language: English
  • Views: 1328
  • Downloads: 1328
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Description: This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.


Pdf ebook: The Development of International Law by the International Court of Justice

Pdf download ebook The Development of International Law by the International Court of Justice

Summary: 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

  • Author : Christian J. Tams,James Sloan
  • Publisher: OUP Oxford
  • ISBN: 019165034X
  • Genre: Law
  • Number of Pages: 432
  • Language: English
  • Views: 1411
  • Downloads: 1411
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Description: 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.


Pdf ebook: A Latin American Guide to the International Court of Justice Case Law

Pdf download ebook A Latin American Guide to the International Court of Justice Case Law

Summary: This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state

  • Author : Paula Wojcikiewicz Almeida,Júlia Rodrigues Costa de Serpa Brandão,Ananda Menegotto Weingärtner
  • Publisher: Cambridge Scholars Publishing
  • ISBN: 1443847038
  • Genre: Law
  • Number of Pages: 485
  • Language: English
  • Views: 539
  • Downloads: 539
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Description: This book provides an up-to-date and comprehensive analysis of Latin American cases brought before the International Court of Justice, demonstrating state practices and litigation at the international level. It does so by providing summaries of all contentious cases submitted by or against Latin American states before the Court in order to illustrate case law, and is organized according to specific subjects to highlight the contribution of Latin American states to the peaceful settlement of disputes and to international law in general. Furthermore, the book is enhanced by informative tables and graphs detailing the participation of Latin American states and judges in cases presented before the International Court of Justice, and includes a general and specific bibliography devoted to all the cases evaluated. The chapters presented here fill existing gaps in the literature and will be of use to an international audience, including academic libraries, the judiciary (both national and international), practitioners of international law, government institutions, academics, and students alike. It will also be of interest to anyone investigating international dispute resolution, particularly Latin American academics and practitioners.


Pdf ebook: The International Court of Justice in Maritime Disputes

Pdf download ebook The International Court of Justice in Maritime Disputes

Summary: The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautica

  • Author : Julio Faundez
  • Publisher: Routledge
  • ISBN: 0429799314
  • Genre: Law
  • Number of Pages: 109
  • Language: English
  • Views: 1187
  • Downloads: 1187
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Description: The origins of the maritime dispute between Chile and Peru go back to 1952, when these countries, along with Ecuador, asserted sovereignty over 200 nautical miles from their coasts. This maritime claim is widely regarded as one of the most important contributions by a group of developing countries to the law of the sea. Peru then asked the Court of International Justice to delimit its lateral boundary with Chile in accordance with principles of international law. Chile asked the Court to dismiss the request. The question before the ICJ Justice was whether the treaty concluded by the parties when they made their claim had also delimited their lateral boundary. This book provides a critical analysis of the approach to treaty interpretation by the International Court of Justice in Maritime Disputes. Focusing on the case of Chile and Peru, the book explores two main issues: the interpretation of the Santiago Declaration and its connected treaties; and the tacit agreement that established a lateral maritime boundary with a seaward extension of 80 nautical miles. Part I argues that the Court’s finding that the Santiago Declaration did not delimit the lateral boundary is mistaken because it ignores its context, as well as its object and purpose. Part II argues that the finding that the parties had entered into a tacit agreement is an unjustified legal inference derived from a hasty interpretation of the Special Agreement of 1954. It questions that the reliability of the evidence used to determine the seaward extent of the lateral boundary and argues that the Court failed to demonstrate the bearing of contemporaneous developments in the law of the sea on the content of the tacit agreement.


Pdf ebook: The Bakassi Dispute and the International Court of Justice

Pdf download ebook The Bakassi Dispute and the International Court of Justice

Summary: On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land

  • Author : Edwin E. Egede,Mark Osa Igiehon
  • Publisher: Routledge
  • ISBN: 1317040740
  • Genre: Law
  • Number of Pages: 182
  • Language: English
  • Views: 525
  • Downloads: 525
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Description: On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.


Pdf ebook: The Elgar Companion to the International Court of Justice

Pdf download ebook The Elgar Companion to the International Court of Justice

Summary: 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 Co

  • Author : Robert Kolb
  • Publisher: Edward Elgar Publishing
  • ISBN: 1782544860
  • Genre: Law
  • Number of Pages: 496
  • Language: English
  • Views: 1532
  • Downloads: 1532
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Description: 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


Pdf ebook: The Development of Human Rights Law by the Judges of the International Court of Justice

Pdf download ebook The Development of Human Rights Law by the Judges of the International Court of Justice

Summary: The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without reg

  • Author : Shiv R.S. Bedi
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847313434
  • Genre: Law
  • Number of Pages: 480
  • Language: English
  • Views: 1836
  • Downloads: 1836
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Description: The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.


Pdf ebook: The International Court of Justice and Self-Defence in International Law

Pdf download ebook The International Court of Justice and Self-Defence in International Law

Summary: 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 ess

  • Author : James A. Green
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847315208
  • Genre: Law
  • Number of Pages: 246
  • Language: English
  • Views: 1364
  • Downloads: 1364
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Description: 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.


Pdf ebook: The International Court of Justice

Pdf download ebook The International Court of Justice

Summary: The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institut

  • Author : Serena Forlati
  • Publisher: Springer
  • ISBN: 3319061798
  • Genre: Law
  • Number of Pages: 235
  • Language: English
  • Views: 1886
  • Downloads: 1886
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Description: 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.


Pdf ebook: Report of the International Court of Justice

Pdf download ebook Report of the International Court of Justice

Summary: This report is about the work of the International Court of Justice. It presents the Court’s jurisdiction, its functions, the publications and documents

  • Author : International Court of Justice
  • Publisher: United Nations
  • ISBN: 9210573129
  • Genre: Political Science
  • Number of Pages: 62
  • Language: English
  • Views: 816
  • Downloads: 816
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Description: This report is about the work of the International Court of Justice. It presents the Court’s jurisdiction, its functions, the publications and documents produced and the website managed, its finances, and the status of the pending contentious, as well as advisory proceedings during the period under review.


Pdf ebook: The Statute of the International Court of Justice

Pdf download ebook The Statute of the International Court of Justice

Summary: This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court

  • Author : Andreas Zimmermann,Christian J. Tams,Karin Oellers-Frahm,Christian Tomuschat
  • Publisher: Oxford University Press
  • ISBN: 0192546481
  • Genre: Law
  • Number of Pages: 1920
  • Language: English
  • Views: 1293
  • Downloads: 1293
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Description: This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ 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 third 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. Six years after the publication of the second edition, the third 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 looks forward to those it 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 two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.


Pdf ebook: Counterclaims before the International Court of Justice

Pdf download ebook Counterclaims before the International Court of Justice

Summary: Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitiga

  • Author : Constantine Antonopoulos
  • Publisher: Springer Science & Business Media
  • ISBN: 9067047902
  • Genre: Law
  • Number of Pages: 177
  • Language: English
  • Views: 1858
  • Downloads: 1858
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Description: Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law.


Pdf ebook: Introduction to The International Court of Justice - Icj-

Pdf download ebook Introduction to The International Court of Justice - Icj-

Summary: "While sorne researchers would approach the study of the Court through an article by article analysis and commentary, this approach would detract from the

  • Author : Abello Galvis, Ricardo
  • Publisher: Editorial Universidad del Rosario
  • ISBN: 9587384083
  • Genre: Law
  • Number of Pages: 228
  • Language: English
  • Views: 806
  • Downloads: 806
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Description: "While sorne researchers would approach the study of the Court through an article by article analysis and commentary, this approach would detract from the didactic goals and conceptual unity of the work. Instead, Professor Abello takes a thematic approach as he analyses the important features of the ICJ while taking into account their transition from the earlier PCIJ. The reader will understand the continuity between the Permanent Court of International Justice, an organ of the League of Nations and the International Court of Justice, the judicial organ of the United Nations. The Optional Clause of Compulsory Jurisdiction is a symbol of the continuity between the PCIJ and the ICJ". "A la manera de un investigador que separa los elementos de un cuerpo para su análisis, el autor aborda el estudio de la Corte en su estructura y funciones, precedido por la transición de la Corte Permanente de Justicia Internacional a la actual Corte Internacional de Justicia. Prefirió, entonces, una división temática a una que lo habría llevado a comentar articulo por articulo el Reglamento de la Corte pero en desmedro de la unidad conceptual y la facilidad didáctica, propósito declarado por el autor. Entenderá el lector la continuidad entre la Corte Permanente de Justicia Internacional, órgano de la Sociedad de Naciones, y la Corte Internacional de Justicia, órgano judicial de la ONU y cómo el símbolo de tal continuidad es la aplicación a la última Corte citada de las Declaraciones Facultativas de Jurisdicción Obligatoria emitidas para la primera".


Pdf ebook: Nicaragua Before the International Court of Justice

Pdf download ebook Nicaragua Before the International Court of Justice

Summary: This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Cou

  • Author : Edgardo Sobenes Obregon,Benjamin Samson
  • Publisher: Springer
  • ISBN: 331962962X
  • Genre: Law
  • Number of Pages: 435
  • Language: English
  • Views: 1783
  • Downloads: 1783
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Description: This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.


Pdf ebook: The Advisory Function of the International Court of Justice 1946 - 2005

Pdf download ebook The Advisory Function of the International Court of Justice 1946 - 2005

Summary: The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contributio

  • Author : Mahasen Mohammad Aljaghoub
  • Publisher: Springer Science & Business Media
  • ISBN: 3540357343
  • Genre: Law
  • Number of Pages: 285
  • Language: English
  • Views: 743
  • Downloads: 743
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Description: 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.


Pdf ebook: The International Court of Justice and some contemporary problems

Pdf download ebook The International Court of Justice and some contemporary problems

Summary: This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differin

  • Author : Taslim Elias
  • Publisher: Springer Science & Business Media
  • ISBN: 9401748659
  • Genre: Law
  • Number of Pages: 374
  • Language: English
  • Views: 1387
  • Downloads: 1387
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Description: This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differing aspects of the living law of the United Nations. Although written on diverse occasions and for different purposes, they are nevertheless animated by the common ideal of analysing and synthesising current issues with which the International Court of Justice, the United Nations Organization itself and related law-making organs and institutions have been grappling in the last five years or so. The treatment of the subjects with which they deal and the manner of their orientation naturally differ both in scope and in depth of analysing, depending upon the particular aspects of international law under consideration. They open up not only new horizons but also, as one of its chapters indicates, new conceptions and perspectives in current international law. Old topics are re-examined from new angles, some new topics are studied in such a way as to relate them to their customary roots and pristine significance in legal thought. There are five main parts. The first and inevitably the longest division deals with the international judicial process in nearly all its modern ramifications as exemplified in the work of the Court. The first study deals with problems of method associated with the internal judicial practice of the Court from the moment the public hearings have been completed up to the delivery of the judgment; in other words, how the Court judges a case.


Pdf ebook: Negotiations in the Case Law of the International Court of Justice

Pdf download ebook Negotiations in the Case Law of the International Court of Justice

Summary: This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessa

  • Author : Karel Wellens
  • Publisher: Routledge
  • ISBN: 1317089146
  • Genre: Law
  • Number of Pages: 358
  • Language: English
  • Views: 957
  • Downloads: 957
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Description: This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.