Sovereignty and Interpretation of International Norms

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3540682074
Total Pages : 325 pages
Book Rating : 4.5/5 (46 download)

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Book Synopsis Sovereignty and Interpretation of International Norms by : Carlos Fernández de Casadevante y Rom

Download or read book Sovereignty and Interpretation of International Norms written by Carlos Fernández de Casadevante y Rom and published by Springer Science & Business Media. This book was released on 2007-06-06 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.

The International Court of Justice

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Author :
Publisher : Springer
ISBN 13 : 3319061798
Total Pages : 239 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The International Court of Justice by : Serena Forlati

Download or read book The International Court of Justice written by Serena Forlati and published by Springer. This book was released on 2014-06-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

United Nations Convention on the Law of the Sea, 1982

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024737192
Total Pages : 546 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis United Nations Convention on the Law of the Sea, 1982 by : Myron H. Nordquist

Download or read book United Nations Convention on the Law of the Sea, 1982 written by Myron H. Nordquist and published by Martinus Nijhoff Publishers. This book was released on 1985 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: These commentaries are based almost entirely on the formal and informal documentation of the Third United Nations Conference on the Law of the Sea (UNCLOS III, 1973-1982), coupled, where necessary, with the personal knowledge of editors, contributors, or reviewers, many of whom were principal negotiators or UN personnel who participated in the Conference.

Yearbook of the United Nations. 39. 1985 (1989)

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792305033
Total Pages : 1534 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Yearbook of the United Nations. 39. 1985 (1989) by : United Nations. Department of Public Information

Download or read book Yearbook of the United Nations. 39. 1985 (1989) written by United Nations. Department of Public Information and published by Martinus Nijhoff Publishers. This book was released on 1990-01-10 with total page 1534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issued annually since 1946/47, the Yearbook is the principal reference work of the United Nations, providing a comprehensive, one-volume account of the Organization's work. It includes details of United Nations activities concerning trade, industrial development, natural resources, food, science & technology, social development, population, environment, human settlements, children & legal questions, along with information on the work of each specialized agency in the United Nations family. The Yearbook is an indispensable guide to the UN.

Judge Shigeru Oda and the Progressive Development of International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900463505X
Total Pages : 685 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Judge Shigeru Oda and the Progressive Development of International Law by : Edward McWhinney

Download or read book Judge Shigeru Oda and the Progressive Development of International Law written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 1993-04 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume inaugurates a new series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the Judicial Opinions of Shigeru Oda, currently Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years. The study includes a résumé and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

International Organization and Integration

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Author :
Publisher :
ISBN 13 : 9789041104496
Total Pages : 1222 pages
Book Rating : 4.1/5 (44 download)

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Book Synopsis International Organization and Integration by :

Download or read book International Organization and Integration written by and published by . This book was released on 1997 with total page 1222 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Court of Justice and the Judicial Function

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Publisher : OUP Oxford
ISBN 13 : 0191502553
Total Pages : 369 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The International Court of Justice and the Judicial Function by : Gleider I Hernández

Download or read book The International Court of Justice and the Judicial Function written by Gleider I Hernández and published by OUP Oxford. This book was released on 2014-05-29 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Essays in Honour of Wang Tieya

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792324690
Total Pages : 978 pages
Book Rating : 4.3/5 (246 download)

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Book Synopsis Essays in Honour of Wang Tieya by : Ronald St. John MacDonald

Download or read book Essays in Honour of Wang Tieya written by Ronald St. John MacDonald and published by Martinus Nijhoff Publishers. This book was released on 1994-01-17 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Janis.

International Criminal Procedure

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Publisher : OUP Oxford
ISBN 13 : 0191632600
Total Pages : 2646 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 2646 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

The Role and Record of the International Court of Justice

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Publisher : BRILL
ISBN 13 : 9004640681
Total Pages : 459 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Role and Record of the International Court of Justice by : Nagendra Singh

Download or read book The Role and Record of the International Court of Justice written by Nagendra Singh and published by BRILL. This book was released on 2023-12-04 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Interpretation, Revision, and Other Recourse from International Judgments and Awards

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004157271
Total Pages : 225 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Interpretation, Revision, and Other Recourse from International Judgments and Awards by : Shabtai Rosenne

Download or read book Interpretation, Revision, and Other Recourse from International Judgments and Awards written by Shabtai Rosenne and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyzes the complexity of interpretation, revision, and other forms of 'reference' to the International Court from some other international body, court or arbitral tribunal.

The Statute of the International Court of Justice

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Publisher : Oxford University Press
ISBN 13 : 0192546481
Total Pages : 2017 pages
Book Rating : 4.1/5 (925 download)

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

Download or read book The Statute of the International Court of Justice written by Andreas Zimmermann and published by Oxford University Press. This book was released on 2019-03-21 with total page 2017 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Intervention in the International Court of Justice

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Publisher : BRILL
ISBN 13 : 9004634789
Total Pages : 225 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Intervention in the International Court of Justice by : Shabtai Rosenne

Download or read book Intervention in the International Court of Justice written by Shabtai Rosenne and published by BRILL. This book was released on 2023-11-27 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

An International Law Miscellany

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004637885
Total Pages : 865 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis An International Law Miscellany by : Rosenne

Download or read book An International Law Miscellany written by Rosenne and published by Martinus Nijhoff Publishers. This book was released on 2023-12-14 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of 29 essays by Shabtai Rosenne commences with a reproduction of his monograph The Time Factor in the Jurisdiction of the International Court, first published in 1960. A postcript has been added drawing attention to significant developments since. The remaining essays are devided into five parts, as follows: The International Court of Justice and International Litigation; The Law of Treaties and the Sources of Law; The Law of the Sea; Jewish and Israeli Matters; and In Memoriam. Some of these essays, notably those on Jewish and Israeli Matters, were originally written in Hebrew and have been especially translated for this volume. All the materials have been updated since their original publication.

The Methodology of Judicial Notice in the Development of International Law

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Author :
Publisher : Amos Enabulele
ISBN 13 : 978596387X
Total Pages : 280 pages
Book Rating : 4.7/5 (859 download)

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Book Synopsis The Methodology of Judicial Notice in the Development of International Law by : Amos O. Enabulele

Download or read book The Methodology of Judicial Notice in the Development of International Law written by Amos O. Enabulele and published by Amos Enabulele. This book was released on 2022-12-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on how international courts create international law through judicial notice by showing that judicial notice enables international courts to assume the establishment of the law beyond any further factual inquiry. It seeks to show that judicial notice has been the latent but effective tool by which international courts contribute to the development of Customary international law and general principles of international law . It argues that judicial notice accelerates the maturation of embryonic customary international law, coverts principles accepted by international courts and tribunals (as general principles of international law) into mandatory rules of customary international law, and obviates the requirement of proving that the rule had existed in the practice and opinio juris of States. It also demonstrates that general principles of international law, as applied by international courts and tribunals are the result of the working of judicial notice, as demonstrated in such languages of the International Court of Justice, as “nor is the court aware of a uniform and widespread State practice”; the court “recalls the rule”; and “according to well-established jurisprudence”. The book argues that these instances are only a few occasions that the court took judicial notice of the existence or non-existence of rules.

Perspectives on International Law

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Publisher : BRILL
ISBN 13 : 9004639764
Total Pages : 578 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Perspectives on International Law by : Nandasiri Jasentuliyana

Download or read book Perspectives on International Law written by Nandasiri Jasentuliyana and published by BRILL. This book was released on 2023-10-09 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the spirit of the 50th anniversary of the United Nations and the United Nations Decade of International Law, the contributors to Perspectives on International Law honour with this legal treatise a devoted friend of the United Nations and international law, Judge Manfred Lachs - a noted judge, diplomat, humanist and, above all, teacher. The work includes a variety of perspectives on international law relating to what were Judge Lachs' four main areas of interest: the theory and practice of international law, the United Nations, the World Court, and space law. The book meets the need for a reference work covering selected subject areas and providing different perspectives on some of the key issues of current concern. Many eminent experts in various fields related to international law, including Judges of the International Court of Justice, diplomats, and professors of law - most of whom knew Judge Lachs personally - have contributed. Each chapter has been prepared specifically for the book. The contributors represent all political, legal and cultural regions of the world and provide a range of backgrounds and viewpoints, offering a variety of new ideas for strengthening international law, based on their assessment of the lessons of the past.

The Pillars of Global Law

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Publisher : Routledge
ISBN 13 : 1317021347
Total Pages : 452 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Pillars of Global Law by : Giuliana Ziccardi Capaldo

Download or read book The Pillars of Global Law written by Giuliana Ziccardi Capaldo and published by Routledge. This book was released on 2016-02-24 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.