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.

Some Aspects of the Compulsory Jurisdiction of the International Court of Justice

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Publisher :
ISBN 13 :
Total Pages : 175 pages
Book Rating : 4.:/5 (561 download)

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Book Synopsis Some Aspects of the Compulsory Jurisdiction of the International Court of Justice by : Jiwu Wang

Download or read book Some Aspects of the Compulsory Jurisdiction of the International Court of Justice written by Jiwu Wang and published by . This book was released on 1958 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Jurisdiction of the International Court of Justice

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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.

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

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Publisher :
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.:/5 (89 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 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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:

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, 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.

Compulsory Jurisdiction, International Court of Justice

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Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.0/5 (18 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 1946 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers (79) S. Res. 196.

Compulsory Jurisdiction in International Law

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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

Compulsory Jurisdiction of the International Court of Justice

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Publisher :
ISBN 13 :
Total Pages : 342 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Compulsory Jurisdiction of the International Court of Justice by : Ram Prakash Anand

Download or read book Compulsory Jurisdiction of the International Court of Justice written by Ram Prakash Anand and published by . This book was released on 1961 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Court of Justice and the Western Tradition of International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024735242
Total Pages : 186 pages
Book Rating : 4.7/5 (352 download)

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Book Synopsis The International Court of Justice and the Western Tradition of International Law by : Edward McWhinney

Download or read book The International Court of Justice and the Western Tradition of International Law written by Edward McWhinney and published by Martinus Nijhoff Publishers. This book was released on 1987-08-25 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Introduction to The International Court of Justice - Icj-

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Publisher : Editorial Universidad del Rosario
ISBN 13 : 9587384083
Total Pages : 228 pages
Book Rating : 4.5/5 (873 download)

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Book Synopsis Introduction to The International Court of Justice - Icj- by : Abello Galvis, Ricardo

Download or read book Introduction to The International Court of Justice - Icj- written by Abello Galvis, Ricardo and published by Editorial Universidad del Rosario. This book was released on 2019-03-28 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: "While sorne researchers would approach the study of the Court through an article by article analysis and commentary, this approach would detract from the didactic goals and conceptual unity of the work. Instead, Professor Abello takes a thematic approach as he analyses the important features of the ICJ while taking into account their transition from the earlier PCIJ. The reader will understand the continuity between the Permanent Court of International Justice, an organ of the League of Nations and the International Court of Justice, the judicial organ of the United Nations. The Optional Clause of Compulsory Jurisdiction is a symbol of the continuity between the PCIJ and the ICJ". "A la manera de un investigador que separa los elementos de un cuerpo para su análisis, el autor aborda el estudio de la Corte en su estructura y funciones, precedido por la transición de la Corte Permanente de Justicia Internacional a la actual Corte Internacional de Justicia. Prefirió, entonces, una división temática a una que lo habría llevado a comentar articulo por articulo el Reglamento de la Corte pero en desmedro de la unidad conceptual y la facilidad didáctica, propósito declarado por el autor. Entenderá el lector la continuidad entre la Corte Permanente de Justicia Internacional, órgano de la Sociedad de Naciones, y la Corte Internacional de Justicia, órgano judicial de la ONU y cómo el símbolo de tal continuidad es la aplicación a la última Corte citada de las Declaraciones Facultativas de Jurisdicción Obligatoria emitidas para la primera".

The Statute of the International Court of Justice

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Publisher : OUP Oxford
ISBN 13 : 0191632546
Total Pages : 12559 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 12559 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 Role and Record of the International Court of Justice

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792302919
Total Pages : 472 pages
Book Rating : 4.3/5 (29 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 Martinus Nijhoff Publishers. This book was released on 1989-11-16 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Settlement of International Disputes

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Publisher : BRILL
ISBN 13 : 900464072X
Total Pages : 209 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Judicial Settlement of International Disputes by : Edward McWhinney

Download or read book Judicial Settlement of International Disputes written by Edward McWhinney and published by BRILL. This book was released on 2023-11-27 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.

The International Court of Justice

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198779070
Total Pages : 241 pages
Book Rating : 4.1/5 (987 download)

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

Download or read book The International Court of Justice written by H. W. A. Thirlway and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.