The International Court Of Justice And Some Contemporary Problems
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The International Court Of Justice And Some Contemporary Problems
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Author : Taslim Elias
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11
The International Court Of Justice And Some Contemporary Problems written by Taslim Elias 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 2013-11-11 with Law categories.
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.
The International Court Of Justice And Some Contemporary Problems
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Author : T O Elias
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1983-05
The International Court Of Justice And Some Contemporary Problems written by T O Elias 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 1983-05 with Business & Economics categories.
The Development Of International Law By The International Court Of Justice
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Author : Christian J. Tams
language : en
Publisher: OUP Oxford
Release Date : 2013-09-12
The Development Of International Law By The International Court Of Justice written by Christian J. Tams and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
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 Problem Of An International Court Of Justice Classic Reprint
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Author : Hans Wehberg
language : en
Publisher: Forgotten Books
Release Date : 2018-02-14
The Problem Of An International Court Of Justice Classic Reprint written by Hans Wehberg and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-14 with Political Science categories.
Excerpt from The Problem of an International Court of Justice The present volume, which is Dr. Wehberg's monograph on the problem of an international court of justice, cannot be read by any one without admiration for the skilful manner in which he has discussed the various problems connected with an international court and without a feeling of gratitude for the balanced judgment and the spirit of fairness which he has displayed in the attempt to solve the problems connected with the proposed court, which are both many and difficult. Dr. Wehberg approached the question of an international court of justice with considerable misgivings, and, in a previous publication, he declared himself to be a partisan of the so-called Permanent Court of Arbitration and opposed to the establishment of a truly permanent court composed of professional judges acting under a sense of judicial responsibility. Study and reflection, however, have convinced him of the necessity of the latter court, and the volume under review is calculated to strengthen the faith of those who believe in the proposed court and to persuade many doubters and waverers who are open to argument. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The Icj And The Evolution Of International Law
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Author : Karine Bannelier
language : en
Publisher: Routledge
Release Date : 2012-03-12
The Icj And The Evolution Of International Law written by Karine Bannelier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-12 with Law categories.
In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History
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 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.
Contemporary Issues In International Law
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Author : David Freestone
language : en
Publisher: BRILL
Release Date : 2002-03-01
Contemporary Issues In International Law written by David Freestone and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-01 with Law categories.
Since 1985, the Law School at the University of Hull has hosted an annual lecture - the Josephine Onoh Memorial Lecture - given by a distinguished international lawyer. These annual lectures are funded by the Josephine Onoh Memorial Fund, established in 1984 by the family and friends of Josephine Onoh who was tragically killed in an air crash at Enugu, Nigeria, in November 1983. Josephine was a Hull law graduate, and at the time of her death was registered at the University for a research degree in the field of international law. This book contains a collection of these annual lectures. The first lecture in 1985 was given by the late Judge Taslim Elias, at that time President of the International Court of Justice. Subsequent lectures have been given by both leading practitioners and professors of international law, including Sir Robert Jennings, Bin Cheng, Sir Ian Sinclair, Philip Allott, Henry Schermers, Lord Mackenzie-Stuart, Alexandre-Charles Kiss, Dame Rosalyn Higgins, Peter Sand, Ian Brownlie, Christopher Greenwood, Marti Koskenniemi, and Ralph Zacklin. The lectures reflect some of the most significant international concerns of the last two decades. The subjects they address include new trends in international law, international courts and politics, the practitioner's view of international law, international law and revolution, the European Convention of Human Rights, European Community law concepts, the global environment and international law, the current role of the United Nations, international environmental trust funds, international boundary law, international law and imperialism, and humanitarian intervention. This important collection of essays by some of the leading international law figures of our generation will be of equal value to all interested in international law, whether the academic or the practitioner.
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.
Intervention In The International Court Of Justice
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Author : Shabtai Rosenne
language : en
Publisher: BRILL
Release Date : 2023-11-27
Intervention In The International Court Of Justice written by Shabtai Rosenne and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Law categories.
In approaching the writing of Intervention in the International Court of Justice, the author soon reached two conclusions. The first was that in order to understand the attitude of the Court today in applying the provisions of Articles 62 and 63 of the Statute, considerable importance attaches to their legislative history. In the Barcelona Traction (Preliminary Objections) case the Court referred to the `drafting records' of certain provisions of the Rules of Court under consideration there. The second conclusion was that examination of the decisions of the Court in intervention proceedings incidentally and in isolation from the case as a whole could put the material out of focus. The Court's position in a case of intervention can only be fully assessed in the context of the proceedings as a whole, when the real influence of the intervention phase on the final decision comes into the open. In addition, a new dimension, that of modern diplomacy, could be added to an understanding of the difficulties posed - for the Court, for individual States and for their legal advisers - by the institution of intervention. The book is based on a series of courses given by the author as Belle van Zuylen Professor in the Humanities at the University of Utrecht in 1986--1987. Nicaragua's intervention in the `Land, Island and Maritime Frontier Dispute' case between El Salvador and Honduras before a Chamber of the International Court led to a complete reexamination of the whole work, and to this current publication.