The Statute of the International Court of Justice

The Statute of the International Court of Justice
Author :
Publisher : OUP Oxford
Total Pages : 1798
Release :
ISBN-10 : 9780191632532
ISBN-13 : 0191632538
Rating : 4/5 (32 Downloads)

Synopsis The Statute of the International Court of Justice by : Andreas Zimmermann

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.

Charter of the United Nations and Statute of the International Court of Justice

Charter of the United Nations and Statute of the International Court of Justice
Author :
Publisher : UN
Total Pages : 112
Release :
ISBN-10 : 9210016513
ISBN-13 : 9789210016513
Rating : 4/5 (13 Downloads)

Synopsis Charter of the United Nations and Statute of the International Court of Justice by : United Nations

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

The International Court of Justice

The International Court of Justice
Author :
Publisher : Oxford University Press
Total Pages : 241
Release :
ISBN-10 : 9780198779070
ISBN-13 : 0198779070
Rating : 4/5 (70 Downloads)

Synopsis The International Court of Justice by : H. W. A. Thirlway

An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.

The International Court of Justice

The International Court of Justice
Author :
Publisher : Springer
Total Pages : 239
Release :
ISBN-10 : 9783319061795
ISBN-13 : 3319061798
Rating : 4/5 (95 Downloads)

Synopsis The International Court of Justice by : Serena Forlati

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.

The International Court of Justice

The International Court of Justice
Author :
Publisher : A&C Black
Total Pages : 1754
Release :
ISBN-10 : 9781782251880
ISBN-13 : 178225188X
Rating : 4/5 (80 Downloads)

Synopsis The International Court of Justice by : Robert Kolb

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.

Litigation at the International Court of Justice

Litigation at the International Court of Justice
Author :
Publisher : BRILL
Total Pages : 1364
Release :
ISBN-10 : 9789004297517
ISBN-13 : 9004297510
Rating : 4/5 (17 Downloads)

Synopsis Litigation at the International Court of Justice by : Juan José Quintana

Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

The Application of Teachings by the International Court of Justice

The Application of Teachings by the International Court of Justice
Author :
Publisher : Cambridge University Press
Total Pages : 273
Release :
ISBN-10 : 9781108844147
ISBN-13 : 1108844146
Rating : 4/5 (47 Downloads)

Synopsis The Application of Teachings by the International Court of Justice by : Sondre Torp Helmersen

The first book-length systematic examination of how teachings are used in practice in international law.

Fifty Years of the International Court of Justice

Fifty Years of the International Court of Justice
Author :
Publisher : Cambridge University Press
Total Pages : 688
Release :
ISBN-10 : 052104880X
ISBN-13 : 9780521048804
Rating : 4/5 (0X Downloads)

Synopsis Fifty Years of the International Court of Justice by : Vaughan Lowe

Critical review of the work and significance of the International Court of Justice over fifty years.

Jurisdiction of the International Court of Justice

Jurisdiction of the International Court of Justice
Author :
Publisher : BRILL
Total Pages : 262
Release :
ISBN-10 : 9789004342767
ISBN-13 : 9004342761
Rating : 4/5 (67 Downloads)

Synopsis Jurisdiction of the International Court of Justice by : Hanqin Xue

The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.

Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice

Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice
Author :
Publisher : Martinus Nijhoff Publishers
Total Pages : 194
Release :
ISBN-10 : 0792331451
ISBN-13 : 9780792331452
Rating : 4/5 (51 Downloads)

Synopsis Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice by : Stanimir A. Alexandrov

This study examines the reservations to the acceptance of compulsory jurisdiction included in declarations made by States under Article 36(2) of the Statute of the Permanent Court of International Justice and of the Statute of the International Court of Justice and discusses the practical application by the Court of the principle of reciprocity to such reservations in contentious cases submitted to it under Article 36(2). It has been considered that, due to acceptance conditioned by so many, diverse, and complicated reservations, the compulsory jurisdiction of the Court has been declining in significance. The recent trend of acceptance of the compulsory jurisdiction does not support such a conclusion. Since the practice of making declarations with reservations has continued, further study of the Court's jurisprudence in dealing with such reservations seems necessary. This analysis attempts to show that reservations in unilateral declarations do not contribute to the decline of the Optional Clause. In fact, reservations provide for the flexibility which many States consider essential in accepting the compulsory jurisdiction of the International Court of Justice. Thus, the right to include a variety of reservations in unilateral declarations may in fact contribute to the wider acceptance of compulsory jurisdiction.