Counterclaims Before The International Court Of Justice
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Counterclaims Before The International Court Of Justice
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Author : Constantine Antonopoulos
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-05-30
Counterclaims Before The International Court Of Justice written by Constantine Antonopoulos and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-30 with Law categories.
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.
The Statute Of The International Court Of Justice
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Author : Andreas Zimmermann
language : en
Publisher: Oxford University Press
Release Date : 2019-03-21
The Statute Of The International Court Of Justice written by Andreas Zimmermann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-21 with Law categories.
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.
Evidence Before The International Court Of Justice
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Author : Anna Riddell
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2009
Evidence Before The International Court Of Justice written by Anna Riddell and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Civil procedure (International law) categories.
Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
The International Court Of Justice
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Author : Serena Forlati
language : en
Publisher: Springer
Release Date : 2014-06-23
The International Court Of Justice written by Serena Forlati and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-23 with Law categories.
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.
Non Appearance Before The International Court Of Justice
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Author : Jerome B. Elkind
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1984-09-17
Non Appearance Before The International Court Of Justice written by Jerome B. Elkind and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984-09-17 with Political Science categories.
Any dreams that Europe had at last become too mature a society of states for the continent to be afficted by bloody international disputes have been shattered in recent months. This unique book examines both the sources of disputes -the delimination of boundaries, ethnic differences, human rights violations, environmental damage, drug control, etc. -& the most appropriate methods for settling them. The examination is thorough & detailed, & the result is a substantial work, authored by leading authorities, many of whom have played major roles in devising & operating dispute settlement procedures. This bilingual (English & French) volume is destined to become an important vade-mecum for diplomats & officials, & a reference work of permanent significance for students, academics & all those interested in international law & relations.
Fact Finding Before The International Court Of Justice
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Author : James Gerard Devaney
language : en
Publisher: Cambridge University Press
Release Date : 2016-09-29
Fact Finding Before The International Court Of Justice written by James Gerard Devaney and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-29 with Law categories.
A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Remedies Before The International Court Of Justice
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Author : Victor Stoica
language : en
Publisher:
Release Date : 2021-03
Remedies Before The International Court Of Justice written by Victor Stoica and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with categories.
Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration
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Author : Christina L. Beharry
language : en
Publisher: BRILL
Release Date : 2018-04-12
Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration written by Christina L. Beharry and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
The International Court Of Justice
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Author : H. W. A. Thirlway
language : en
Publisher: Oxford University Press
Release Date : 2016
The International Court Of Justice written by H. W. A. Thirlway and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
"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.
The Statute Of The International Court Of Justice
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Author : Andreas Zimmermann
language : en
Publisher: OUP Oxford
Release Date : 2012-10-11
The Statute Of The International Court Of Justice written by Andreas Zimmermann and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-11 with Law categories.
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.