International Legal Argument in the Permanent Court of International Justice

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Publisher : Cambridge University Press
ISBN 13 : 1139442686
Total Pages : 539 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Legal Argument in the Permanent Court of International Justice by : Ole Spiermann

Download or read book International Legal Argument in the Permanent Court of International Justice written by Ole Spiermann and published by Cambridge University Press. This book was released on 2005-01-06 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

Legacies of the Permanent Court of International Justice

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900424493X
Total Pages : 426 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Legacies of the Permanent Court of International Justice by : Christian J. Tams

Download or read book Legacies of the Permanent Court of International Justice written by Christian J. Tams and published by Martinus Nijhoff Publishers. This book was released on 2013-01-09 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.

The World Court, 1922-1929

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Publisher :
ISBN 13 :
Total Pages : 228 pages
Book Rating : 4.:/5 (2 download)

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Book Synopsis The World Court, 1922-1929 by : Manley Ottmer Hudson

Download or read book The World Court, 1922-1929 written by Manley Ottmer Hudson and published by . This book was released on 1929 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Court of Justice

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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.

The Statute of the International Court of Justice

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Publisher : OUP Oxford
ISBN 13 : 0191632538
Total Pages : 1798 pages
Book Rating : 4.1/5 (916 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 OUP Oxford. This book was released on 2012-10-11 with total page 1798 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Litigation at the International Court of Justice

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Publisher : BRILL
ISBN 13 : 9004297510
Total Pages : 1364 pages
Book Rating : 4.0/5 (42 download)

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

Download or read book Litigation at the International Court of Justice written by Juan José Quintana and published by BRILL. This book was released on 2015-05-19 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Remedies before the International Court of Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108490824
Total Pages : 307 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Remedies before the International Court of Justice by : Victor Stoica

Download or read book Remedies before the International Court of Justice written by Victor Stoica and published by Cambridge University Press. This book was released on 2021-03-11 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth analysis of the remedies of international law used by the International Court of Justice to resolve inter-state disputes.

The Development of International Law by the International Court

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Publisher : Cambridge University Press
ISBN 13 : 0521463327
Total Pages : 431 pages
Book Rating : 4.5/5 (214 download)

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Book Synopsis The Development of International Law by the International Court by : Hersch Lauterpacht

Download or read book The Development of International Law by the International Court written by Hersch Lauterpacht and published by Cambridge University Press. This book was released on 1982 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book appraises the international judicial process and will be of value to anyone interested in this subject.

Counterclaims before the International Court of Justice

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Publisher : Springer Science & Business Media
ISBN 13 : 9067047902
Total Pages : 185 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Counterclaims before the International Court of Justice by : Constantine Antonopoulos

Download or read book Counterclaims before the International Court of Justice written by Constantine Antonopoulos and published by Springer Science & Business Media. This book was released on 2011-05-30 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. A useful source for academics and practitioners in International law.

Jurisdiction of the International Court of Justice

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Author :
Publisher : BRILL
ISBN 13 : 9004342761
Total Pages : 262 pages
Book Rating : 4.0/5 (43 download)

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

Download or read book Jurisdiction of the International Court of Justice written by Hanqin Xue and published by BRILL. This book was released on 2017-07-03 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792331452
Total Pages : 194 pages
Book Rating : 4.3/5 (314 download)

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

Download or read book Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice written by Stanimir A. Alexandrov and published by Martinus Nijhoff Publishers. This book was released on 1995-03-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law And Practice Of The International Court, 1920-2005

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004139583
Total Pages : 2012 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Law And Practice Of The International Court, 1920-2005 by : Shabtai Rosenne

Download or read book The Law And Practice Of The International Court, 1920-2005 written by Shabtai Rosenne and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 2012 pages. Available in PDF, EPUB and Kindle. Book excerpt: The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.

The Rules, Practice, and Jurisprudence of International Courts and Tribunals

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Publisher : BRILL
ISBN 13 : 9004194835
Total Pages : 644 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Rules, Practice, and Jurisprudence of International Courts and Tribunals by : Chiara Giorgetti

Download or read book The Rules, Practice, and Jurisprudence of International Courts and Tribunals written by Chiara Giorgetti and published by BRILL. This book was released on 2012-02-17 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are key actors in international law, both because of their primary dispute resolution function and for their role in developing international law in a more general sense. Their growing number and complexity makes a detailed study of their practice particularly relevant. The Rules, Practice, and Jurisprudence of International Courts and Tribunals examines existing international dispute resolution institutions, including those of general jurisdiction (ICJ, PCA), specialised jurisdiction (ITLOS, ICSID, WTO), as well as human rights courts, international criminal courts and tribunals, courts of regional integration agreements, claims commissions and tribunals, and administrative tribunals of international organizations. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.

The International Court of Justice and the Effectiveness of International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004328866
Total Pages : 277 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The International Court of Justice and the Effectiveness of International Law by : Philippe Couvreur

Download or read book The International Court of Justice and the Effectiveness of International Law written by Philippe Couvreur and published by Martinus Nijhoff Publishers. This book was released on 2016-11-28 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, 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. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

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Publisher : BRILL
ISBN 13 : 9004479104
Total Pages : 471 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations by : Mohamed Sameh M. Amr

Download or read book The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations written by Mohamed Sameh M. Amr and published by BRILL. This book was released on 2021-08-04 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court.

The Oxford Handbook of Jurisdiction in International Law

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Publisher : Oxford University Press
ISBN 13 : 0191089370
Total Pages : 655 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of Jurisdiction in International Law by : Stephen Allen

Download or read book The Oxford Handbook of Jurisdiction in International Law written by Stephen Allen and published by Oxford University Press. This book was released on 2019-09-17 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisdiction in International Law provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. Jurisdiction plays a fundamental role in international law, limiting the exercise of legal authority over international legal subjects. But despite its importance, the concept has remained, until now, underdeveloped. Discussions of jurisdiction in international law regularly refer to classic heads of jurisdiction based on territoriality or nationality, or use the SS Lotus decision of the Permanent Court of International Justice as a starting point. However, traditional understandings of jurisdiction are facing new challenges. Globalization has increased the need for jurisdiction to be applied extraterritorially, non-State forms of law provide new theoretical challenges and intersections between different forms of jurisdiction have become more intricate. This Handbook provides a necessary re-examination of the concept of jurisdiction in international law through a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law. It examines some of the most contentious elements of jurisdiction by considering how the concept is being applied in specific substantive and institutional settings.

The Case for an International Court of Civil Justice

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Publisher :
ISBN 13 : 1107162858
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Case for an International Court of Civil Justice by : Maya Steinitz

Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.