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.

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

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004632336
Total Pages : 187 pages
Book Rating : 4.0/5 (46 download)

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

Download or read book Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice written by Alexandrov and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 187 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.

Compulsory Jurisdiction in International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783473215
Total Pages : 331 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Compulsory Jurisdiction in International Law by : Vanda Lamm

Download or read book Compulsory Jurisdiction in International Law written by Vanda Lamm and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts� Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural

Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035332221
Total Pages : 135 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice by : Robert Kolb

Download or read book Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this incisive book, Robert Kolb sets out a short but nevertheless in-depth analysis of optional declarations for the jurisdiction of the International Court of Justice, and of the various reservations which restrict the jurisdiction. Concise and readable, the book examines the true scope of this jurisdiction once the numerous carve-outs of the reservations are subtracted.

The Declarations of the Members Accepting the Compulsory Jurisdiction of the International Court of Justice

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Publisher :
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Declarations of the Members Accepting the Compulsory Jurisdiction of the International Court of Justice by : Ali Naghi Farmanfarma

Download or read book The Declarations of the Members Accepting the Compulsory Jurisdiction of the International Court of Justice written by Ali Naghi Farmanfarma and published by . This book was released on 1952 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Compulsory Jurisdiction of the International Court of Justice

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 0792319893
Total Pages : 189 pages
Book Rating : 4.7/5 (923 download)

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Book Synopsis The Compulsory Jurisdiction of the International Court of Justice by : Renata Szafarz

Download or read book The Compulsory Jurisdiction of the International Court of Justice written by Renata Szafarz and published by Martinus Nijhoff Publishers. This book was released on 1993 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: E. Form of declaration

Compulsory Jurisdiction of the International Court of Justice

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Publisher :
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Compulsory Jurisdiction of the International Court of Justice by : Denys Peter Myers

Download or read book Compulsory Jurisdiction of the International Court of Justice written by Denys Peter Myers and published by . This book was released on 1949 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Court of Justice

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Publisher : A&C Black
ISBN 13 : 178225188X
Total Pages : 1754 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The International Court of Justice by : Robert Kolb

Download or read book The International Court of Justice written by Robert Kolb and published by A&C Black. This book was released on 2014-07-18 with total page 1754 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

The Law and Practice of the International Court, 1920-2005 (4 vols)

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Author :
Publisher : BRILL
ISBN 13 : 904740579X
Total Pages : 1979 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Law and Practice of the International Court, 1920-2005 (4 vols) by : Shabtai Rosenne

Download or read book The Law and Practice of the International Court, 1920-2005 (4 vols) written by Shabtai Rosenne and published by BRILL. This book was released on 2006-03-14 with total page 1979 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Professor Rosenne's books on the law and practice of the Court have not only grown in size and number of volumes, but also in authority. They can be found on the desks of judges, counsel, scholars and university students alike and for all of them they are the indispensable guide to the Court's jurisprudence.' Report of the Nominating Committee 2004 The Hague Prize for International Law.

Aegean Sea Continental Shelf Case (Greece V. Turkey)

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Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.:/5 (654 download)

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Book Synopsis Aegean Sea Continental Shelf Case (Greece V. Turkey) by : International Court of Justice

Download or read book Aegean Sea Continental Shelf Case (Greece V. Turkey) written by International Court of Justice and published by . This book was released on 1977 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Compulsory Jurisdiction of the International Court of Justice

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Publisher : BRILL
ISBN 13 : 9004633243
Total Pages : 202 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Compulsory Jurisdiction of the International Court of Justice by : Renata Szafarz

Download or read book The Compulsory Jurisdiction of the International Court of Justice written by Renata Szafarz and published by BRILL. This book was released on 2023-12-28 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This book is the first monograph in English dealing with the topic in a concise and accurate manner. Chapter I deals with basic general problems, such as the notion and bases of and the decisions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, i.e. the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of declarations accepting the optional clause, the principle of reciprocity, reservations, formal conditions, etc., the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.

International Dispute Settlement: Room for Innovations?

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Publisher : Springer Science & Business Media
ISBN 13 : 3642349676
Total Pages : 443 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis International Dispute Settlement: Room for Innovations? by : Rüdiger Wolfrum

Download or read book International Dispute Settlement: Room for Innovations? written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2012-12-20 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication succeeds previously published seminars of the Max Planck Institute for Comparative Public Law and International Law (Heidelberg, Germany) dealing with evolving principles and new developments in international law. Due to the limits of traditional dispute settlement in international law and the ongoing scholarly debate on those limits, it focuses on possible innovations and functional approaches to improve international dispute settlement mechanisms. In doing so, it covers a wide variety of topics such as procedures of the WTO, advisory opinions of international courts and tribunals, the privatization of international dispute settlement, the interaction between counsels and international courts and tribunals, and the law-making function of international courts. The aim of this publication is to contribute to the cross-fertilization between these mechanisms and to offer creative impulses for the promotion of international dispute settlement.

Comparative Reasoning in International Courts and Tribunals

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Publisher : Cambridge University Press
ISBN 13 : 1108415474
Total Pages : 293 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Comparative Reasoning in International Courts and Tribunals by : Daniel Peat

Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

The Statute of the International Court of Justice

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Publisher : Oxford University Press
ISBN 13 : 0199692998
Total Pages : 1798 pages
Book Rating : 4.1/5 (996 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 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 the settlement of disputes and the development of international law. This commentary analyses the Statute of the Court and the related provisions of the UN charter and the Court's Rules of Procedure.

Jurisdiction of International Tribunals

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041118387
Total Pages : 952 pages
Book Rating : 4.1/5 (183 download)

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Book Synopsis Jurisdiction of International Tribunals by : Chittharanjan Félix Amerasinghe

Download or read book Jurisdiction of International Tribunals written by Chittharanjan Félix Amerasinghe and published by Martinus Nijhoff Publishers. This book was released on 2003 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: (3) Who may refer.

Compulsory Jurisdiction, International Court of Justice

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Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Compulsory Jurisdiction, International Court of Justice by : United States. Congress. Senate. Committee on Foreign Relations

Download or read book Compulsory Jurisdiction, International Court of Justice written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1960 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers S. Res. 94, to require U.S., in effect, to accept jurisdiction of International Court of Justice in legal matters involving breach of treaty or international obligations and questions of international law.