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Book
Charter of the United Nations and Statute of the International Court of Justice
Author:
ISBN: 9210020251 9211553784 9789211553789 9789210020251 Year: 2005 Publisher: [Place of publication not identified] United Nations Publications


Book
The development of international law by the International Court of Justice
Authors: ---
ISBN: 0191747920 019165034X 0191650331 9780191650338 9780191650345 9780191747922 9780199653218 0199653216 Year: 2014 Publisher: Oxford : Oxford University Press,

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Abstract

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 astreaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as

Fifty years of the International Court of Justice : essays in honour of Sir Robert Jennings
Authors: --- ---
ISBN: 0511835418 1316174972 1316170640 052104880X 1316176185 1316173879 0511965427 1316178048 0511560109 9781316178041 9780511560101 9780511965425 0521550939 9780521550932 9780521048804 1322177600 Year: 1996 Publisher: Cambridge : Cambridge University Press,

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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 UN's political organs. The thirty-three chapters are presented under five headings: the Court; the sources and evidences of international law; substance of international law; procedural aspects of the Court's work; the Court and the UN. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.


Book
International Court of Justice : digest of judgments and advisory opinions, canon and case law 1946-2012
Authors: ---
ISBN: 128355139X 9786613863843 9004230637 9789004230637 9781283551397 9789004230620 9004230629 9789004226982 9004226982 9789004230446 9004230440 661386384X Year: 2012 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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This work offers ease of access to the ICJ's judgments and advisory opinions given between 25 March 1949 and 3 February 2012. It seeks to help scholars, practitioners and students of international public law quickly to review the Court’s jurisprudence for precedents in the Court’s 'canon' and 'case law'. It allows the reader to read the judgments and opinions themselves, reduced to the unabbreviated and undistorted essence of the Court’s reasoning. The work contains all the timeless elements of the Court’s jurisprudence in one volume, and a highly detailed index of the relevant terms and phrases of the judgments and advisory opinions.


Book
The International Court of Justice : An Arbitral Tribunal or a Judicial Body?
Author:
ISBN: 3319061798 331906178X 132213510X Year: 2014 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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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.

Keywords

International law. --- International Court of Justice. --- Law of nations --- Nations, Law of --- Public international law --- Law --- CIJ --- Cour internationale de justice --- M.T.S. --- MTS --- Mǐędzynarodowy Trybunał Sprawiedliwości --- Milletlerarası Adalet Divanı --- I.C.J. --- ICJ --- Hague. --- Corte Internacional de Justicia --- Internationaler Gerichtshof --- Dīvān-i Bayn al-Milalī-i Dādgustarī --- Dīvān-i Lāhah --- Corte internazionale di giustizia --- Kokusai Shihō Saibansho --- Sān Yuttitham rawāng Prathēt --- Maḥkamat al-ʻAdl al-Dawlīyah --- Diethnes Dikastērion --- United Nations. --- C.I.J. --- World Court --- Tribunal Internacional de Justicia --- Mezhdunarodnyĭ Sud OON --- Curtea Internațională de Justiție --- Gjykata Ndërkombëtare e Drejtësisë --- GJND --- Meǵunarodniot sud na pravdata --- Nemzetközi Bíróság --- Permanent Court of International Justice --- Permanent Court of Arbitration --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Sources and Subjects of International Law, International Organizations. --- Dispute Resolution, Mediation, Arbitration. --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law and legislation

The Authority of the Security Council under Chapter VII of the UN Charter : Legal Limits and the Role of the International Court of Justice
Author:
ISBN: 9041116419 9786610915613 9047411927 1280915617 1423729684 9789041116413 9781423729686 9781280915611 661091561X 9789047411925 Year: 2001 Volume: 8 Publisher: Leiden; Boston : Brill | Nijhoff,

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This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.


Book
Boundaries of discourse in the International Court of Justice : mapping arguments in Arab territorial disputes
Author:
ISBN: 9789004174634 900417463X 9789047428091 9047428099 1282401068 9781282401068 9786612401060 6612401060 Year: 2009 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of ‘universal’ statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.


Book
Decisions of the World Court relevant to the UN Convention on the Law of the Sea : a reference guide
Author:
ISBN: 9789004184299 9004184295 9786612948770 9004184848 1282948776 9789004184848 9781282948778 6612948779 Year: 2010 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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This pioneering publication provides a Reference Guide to the significant contributions of decisions of the World Court, as the principal judicial organ of the United Nations and the world's most senior Court with the broadest material jurisdiction, to the development of the law of the sea as a part of the global system of peace and security. The Guide is dedicated to the Court's former President Stephen M. Schwebel in appreciation of his belief that it is important for the Court to further explore its pre-eminently unique role throughout the Third Millennium. Whereas the format of specific entries covered by this Reference Guide largely corresponds to the Parts and Annexes of the 1982 UN Law of the Sea Convention (UNCLOS) and the 1994 Part XI Agreement, the heading of each entry also contains, as appropriate, references to the 1930 League of Nations Hague Draft, the four 1958 UN Geneva Conventions and the 1995 UN Straddling Stocks Agreement, as well as to the 1972 UN Stockholm, the 1992 Rio UNCED and the 2002 Johannesbourg instruments. This will enable the reader to relate the Court's decisions to the respective UNCLOS provisions as originated from and as implemented by these global framework instruments at various stages of codification and progressive development of the law of the sea. The entries cover principally Judgments and Orders (including the related pleadings) of the PCIJ and the ICJ and those decisions of Arbitral Tribunals and other third party fora as well as national courts which have been relied upon in the Court's jurisprudence. In addition, the recent decisions of the ITLOS and some other fora, such as the Annex VII Southern Bluefin Tuna, Singapore volume Malaysia, Barbados/Trinidad and Tobago, Guyana/Suriname and the Mox Plant Arbitral Tribunals, as well as references to treaties are also listed under specific entries as appropriate. Tables of Cases and Treaties will importantly facilitate the use of this Reference Guide . It has proven to be an indispensable tool for the Judges and governmental and other practitioners in furthering the coherent development of the law of the sea by international courts and tribunals on the one hand, and for international community of academics in the adequate assessing of this development on the other hand.


Book
Fact-finding before the International Court of Justice
Author:
ISBN: 9781107142213 9781316498972 9781316507025 1107142210 1316507025 1316723291 1316722694 1316498972 1316723895 1316724492 1316726290 131671909X 9781316726297 9781316725696 Year: 2016 Publisher: Cambridge : Cambridge University Press,

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Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals includes, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.


Book
Counterclaims before the International Court of Justice
Author:
ISBN: 9067049794 9067047899 9067047902 Year: 2011 Publisher: The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press,

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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. This book is a useful source of information for academics and practitioners in International law and provides a solid basis for further research. Dr. Constantine Antonopoulos is an Assistant Professor of International Law in the Democritus University of Thrace, Greece.

Keywords

International Court of Justice. --- International law. --- Jurisdiction (International law). --- Set-off and counterclaim. --- Law, Politics & Government --- Law, General & Comparative --- CIJ --- Cour internationale de justice --- M.T.S. --- MTS --- Mǐędzynarodowy Trybunał Sprawiedliwości --- Milletlerarası Adalet Divanı --- I.C.J. --- ICJ --- Hague. --- Corte Internacional de Justicia --- Internationaler Gerichtshof --- Dīvān-i Bayn al-Milalī-i Dādgustarī --- Dīvān-i Lāhah --- Corte internazionale di giustizia --- Kokusai Shihō Saibansho --- Sān Yuttitham rawāng Prathēt --- Maḥkamat al-ʻAdl al-Dawlīyah --- Diethnes Dikastērion --- United Nations. --- C.I.J. --- World Court --- Tribunal Internacional de Justicia --- Mezhdunarodnyĭ Sud OON --- Curtea Internațională de Justiție --- Gjykata Ndërkombëtare e Drejtësisë --- GJND --- Meǵunarodniot sud na pravdata --- Nemzetközi Bíróság --- Law. --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Dispute Resolution, Mediation, Arbitration. --- Permanent Court of International Justice --- Permanent Court of Arbitration --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law and legislation

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