The British Judges Of The International Court Of Justice
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The British Judges Of The International Court Of Justice An Explication Overview Mcnair And Lauterpacht
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Author : Graeme Baber
language : en
Publisher:
Release Date : 2021-11-30
The British Judges Of The International Court Of Justice An Explication Overview Mcnair And Lauterpacht written by Graeme Baber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-30 with categories.
The monograph lists the cases at the international court of the two British judges who were members of the Permanent Court of International Justice, and the five British judges who were members of the International Court of Justice (ICJ), together with a short biography of each and a sample of his/her writing. Then, academic works and the separate and dissenting opinions at the ICJ of Judge Sir Arnold McNair and Judge Sir Hersch Lauterpacht are reviewed. Finally, an attempt is made to find their common ground.
The British Judges Of The International Court Of Justice An Explication The Later Jurists
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Author : Graeme Baber
language : en
Publisher:
Release Date : 2022-06
The British Judges Of The International Court Of Justice An Explication The Later Jurists written by Graeme Baber and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06 with categories.
The monograph considers the individual and joint dissertations, separate opinions and dissenting opinions that British judges Sir Gerald Fitzmaurice, Sir Humphrey Waldock, Sir Robert Jennings, Dame Rosalyn Higgins and Sir Christopher Greenwood appended to Judgments and Advisory Opinions of the International Court of Justice. It provides information of the life of, and reviews some of the scholarship of, these judges. In the final chapter, the author endeavours to identify characteristics of the British judges of the International Court of Justice that are shared by some of all of these five jurists - together with their predecessors at the Court, Baron Arnold McNair and Sir Hersch Lauterpacht.
The Role And Record Of The International Court Of Justice
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Author : Nagendra Singh
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1989-11-16
The Role And Record Of The International Court Of Justice written by Nagendra Singh 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 1989-11-16 with Political Science categories.
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.
The Role Of The International Court Of Justice In The Contemporary World
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Author : Judge Rosalyn Higgins
language : en
Publisher: Emirates Center for Strategic Studies and Research
Release Date : 2008-07-15
The Role Of The International Court Of Justice In The Contemporary World written by Judge Rosalyn Higgins and has been published by Emirates Center for Strategic Studies and Research this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-15 with Antiques & Collectibles categories.
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established 62 years ago at the end of the Second World War, and is the successor to the Permanent Court of International Justice (PCIJ) that was functioning at the time of the League of Nations. The ICJ has a dual role: to settle in accordance with international law the legal disputes submitted to it by states; and to give Advisory Opinions on legal questions referred to it by certain organs of the United Nations and duly authorized specialized agencies. Over the past six decades of the ICJ’s existence, the world has changed immensely. Dozens of newly independent countries, especially in Africa and Asia, have entered the world stage, and in the early 1970s, the Gulf states of the UAE, Qatar, Oman and Bahrain came to independence. The ICJ lives in the real world—changes in the world around us have their impact here, too. We have seen an increase in the range and number of states coming to the Court. Seventy nine states have engaged in Court proceedings in the past decade. The Court has handed down 95 judgments in its 60 years of existence. Of those, one-third has been delivered in the last decade. Today approximately 300 treaties refer to the Court in relation to the settlement of disputes arising from their application or interpretation and there has been a distinct trend for states to withdraw reservations they have made to such treaties in earlier years. The UAE, and the Gulf states more generally, are important to the ICJ. Since its establishment in 1971, the UAE has played a vital role in the affairs of the region, and has decided explicitly to base its foreign policy on the principles outlined in the Charter of the United Nations. It has formed close ties with countries throughout the Middle East and Asia, as well as with western nations. The Court appreciates the UAE’s interest in its work and, as with all parties to the Statute, stands ready to assist the states of the region in conformity with its Charter role.
Fifty Years Of The International Court Of Justice
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Author : Vaughan Lowe
language : en
Publisher: Cambridge University Press
Release Date : 1996-02-29
Fifty Years Of The International Court Of Justice written by Vaughan Lowe 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 1996-02-29 with Law categories.
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.
The International Court Of Justice
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Author : Robert Kolb
language : en
Publisher: A&C Black
Release Date : 2014-07-18
The International Court Of Justice written by Robert Kolb and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
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.
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 Elgar Companion To The International Court Of Justice
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Author : Robert Kolb
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-07-31
The Elgar Companion To The International Court Of Justice written by Robert Kolb and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-31 with Law categories.
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 Development Of Human Rights Law By The Judges Of The International Court Of Justice
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Author : Shiv R.S. Bedi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-01-18
The Development Of Human Rights Law By The Judges Of The International Court Of Justice written by Shiv R.S. Bedi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-18 with Law categories.
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.
Judge Sir Gerald Fitzmaurice And The Discipline Of International Law
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Author : J. G. Merrills
language : en
Publisher: BRILL
Release Date : 2024-01-15
Judge Sir Gerald Fitzmaurice And The Discipline Of International Law written by J. G. Merrills and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.
Influential, but controversial - elected to the International Court in 1960, Sir Gerald Fitzmaurice served as a judge until 1973. This work comprises a thoughtful essay by Professor Merrills and a selection of Judge Fitzmaurice's opinions. Professor Merrills' essay analyses Judge Fitzmaurice's achievements during his judical tenure and relates them to his earlier work as a legal advisor and scholar. The essay also discusses the final phase of Fitzmaurice's career in which he served as a judge on the European Court of Human Rights and arbitrator. Demonstrating how Fitzmaurice's decisions as a judge stemmed from his distinctive view of law and the legal process, this study particularly interests scholars, practitioners, and students concerned with international adjudication and the nature of international law. This volume is the third in the series entitled The Judges, which examines the opinions of international judges who have made significant contributions to international law.