Contributions to International Law
Author: Paula Wojcikiewicz Almeida,Jean-Marc Sorel
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
Author: Robert Kolb
Publisher: A&C Black
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
Essays in Honour of Sir Robert Jennings
Author: Vaughan Lowe,Malgosia Fitzmaurice
Publisher: Cambridge University Press
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.
Author: Hugh Thirlway
Publisher: Oxford University Press
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.
Practice and Procedure
Author: 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.
Author: Nagendra Singh
Publisher: Martinus Nijhoff Publishers
Category: Political Science
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.
Questions and Answers about the Principal Judicial Organ of the United Nations
Author: International Court of Justice
Publisher: United Nations Publications
The International Court of Justice plays an important role in the settlement of legal disputes between states and contributes to the development of international law. This booklet answers some frequently asked questions about its functions and its case-law. It explains how members are elected to the Court, the sources of the law applied, who may submit cases and who might request advisory opinions.
Author: Hanqin Xue
Jurisdiction of the International Court of Justice by Judge Xue Hanqin introduces general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the International Court of Justice.
Author: Philippe Couvreur
Publisher: Martinus Nijhoff Publishers
The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction.
Author: Anna Riddell,Brendan Plant
Publisher: British Institute for International & Comparative Law
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 incre
Impacts on International Law
Author: Edgardo Sobenes Obregon,Benjamin Samson
This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
A Functional Analysis
Author: Professor Karel Wellens
Publisher: Ashgate Publishing, Ltd.
This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.
Author: Robert Kolb
Publisher: Edward Elgar Publishing
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
Its Role in the Maintenance of International Peace and Security
Author: Oliver James Lissitzyn
Publisher: The Lawbook Exchange, Ltd.
A successor to the League of Nation's Permanent Court of International Justice, the International Court of Justice was established in 1946 by the United Nations. Written during its early years, this incisive study outlines how the court functioned as an "instrument for the maintenance of international peace and security" and how it may function in the future. Though skeptical that the court would be a powerful institution, Lissitzyn believed its rulings would have a modest but notable effect on the development of international law. Long out of print, this essay was originally published in the Carnegie series United Nations Studies.
Author: Constanze Schulte
Publisher: Oxford University Press on Demand
The book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgments and interim measures from the Court's creation in 1945 until the present day. The author examines the reasons for differences in the track records of judgments and provisional measures and explores mechanisms that could be conducive to enhanced compliance.
Author: James Gerard Devaney
Publisher: Cambridge University Press
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 include, 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.
an analysis of a failure
Author: Gamble, John King,Dana D. Fischer
Publisher: Lexington, Mass. ; Toronto : Lexington Books
Author: Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams
Publisher: OUP Oxford
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.
Functional and Comparative Analysis
Author: Jerome B. Elkind
Publisher: Martinus Nijhoff Publishers
Category: Political Science
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.
Author: Gleider I Hernández
Publisher: OUP Oxford
This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.