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:

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

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Publisher :
ISBN 13 :
Total Pages : 158 pages
Book Rating : 4.:/5 (116 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 . This book was released on 1987 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Studies in International Law and History

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Publisher : BRILL
ISBN 13 : 9004480285
Total Pages : 301 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Studies in International Law and History by : R.P. Anand

Download or read book Studies in International Law and History written by R.P. Anand and published by BRILL. This book was released on 2021-10-25 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although modern international law is now recognized as universally applicable to all the states as soon as they emerge as independent entities (whether members of the United Nations or not, they are accepted as members of the ever-expanding international society, and are bound by its rules and seek its protection), this is only a recent phenomenon not older than the United Nations itself. Before the Second World War, modern international law was supposed to be merely a law of and for the civilized Western European Christian states, or states of European origin, and applicable only between them. Not only Asian and African states which had come to be colonized, but also the position of independent states, such as Persia, Siam, China, Abyssinia, and the like, was said to be anomalous. Since they belonged to different civilizations, questions were raised as to how far relations with their governments could be based on the rules of international law. If that is the case, when did European international law become universally binding? Can states, which did not, and could not, participate in its origin and development question some of its rules, which are inimical to their interests? How can and does this law change, or be modified, in the absence of any supra-national legislature or other authority? What has been the attitude and practice of these newly independent Asian and African states towards international law, which was largely developed by and for the benefit of the rich and industrialized states of Western Europe and the United States, and even more importantly, their role in its development? The author, an Asian scholar and well-known Professor of International Law, trained and educated in the West, has sought to deal with these and other questions in the nine papers contained in this book.

The Development of International Law by the International Court of Justice

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Publisher : OUP Oxford
ISBN 13 : 019165034X
Total Pages : 432 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Development of International Law by the International Court of Justice by : Christian J. Tams

Download or read book The Development of International Law by the International Court of Justice written by Christian J. Tams and published by OUP Oxford. This book was released on 2013-09-12 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of 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 2016-12-15 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, 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.

The International Court of Justice

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041103253
Total Pages : 472 pages
Book Rating : 4.1/5 (32 download)

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Book Synopsis The International Court of Justice by : A. Sam Muller

Download or read book The International Court of Justice written by A. Sam Muller and published by Martinus Nijhoff Publishers. This book was released on 1997-01-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third volume in the series by the "Leiden Journal of" "International Law" dealing with the Decade of International Law and International Dispute Settlement. In this book, the 50th anniversary of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as "roles "played by the Court. First and foremost, its role as a mechanism for the settlement of disputes is examined. The analysis goes beyond the traditional frontiers of disputes between states and also explores the possibilities of granting international organizations and individuals access to the Court. The second role that is looked into is its supervisory role, or, in other words, its possible role as supreme court in international law. Thirdly, the Court in its advisory function is examined. The last role that is focused upon is the Court in its role as developer of rules of international law. The book ends with a conclusion from both a legal and a political perspective.

Justice among Nations

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Publisher : Harvard University Press
ISBN 13 : 0674726545
Total Pages : 641 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Justice among Nations by : Stephen C. Neff

Download or read book Justice among Nations written by Stephen C. Neff and published by Harvard University Press. This book was released on 2014-02-18 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.

Time, History and International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004154817
Total Pages : 264 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Time, History and International Law by : Matthew C. R. Craven

Download or read book Time, History and International Law written by Matthew C. R. Craven and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.

Theory and Reality in Public International Law

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Publisher : Princeton, N.J. : Princeton University Press
ISBN 13 :
Total Pages : 418 pages
Book Rating : 4.:/5 (32 download)

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Book Synopsis Theory and Reality in Public International Law by : Charles de Visscher

Download or read book Theory and Reality in Public International Law written by Charles de Visscher and published by Princeton, N.J. : Princeton University Press. This book was released on 1957 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Nations

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Boundaries of Discourse in the International Court of Justice

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Publisher : BRILL
ISBN 13 : 9047428099
Total Pages : 340 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Boundaries of Discourse in the International Court of Justice by : Michelle Burgis

Download or read book Boundaries of Discourse in the International Court of Justice written by Michelle Burgis and published by BRILL. This book was released on 2009-04-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can Third World experiences of colonialism and statehood be expressed within the confines of the International Court of Justice? How has the discourse of international law developed to reflect postcolonial realities of ‘universal’ statehood? In a close and critical reading of four territorial disputes spanning the Arab World, Burgis explores the extent to which international law can be used to speak for and speak to non-European experiences of authority over territory. The book draws on recent, critical international legal scholarship to question the ability of contemporary, international adjudication to address Third World grievances from the past. A comparative analysis of the cases suggests that international law remains a discourse only capable of capturing a limited range of non-European experiences during and after colonialism.

The Application of Teachings by the International Court of Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108844146
Total Pages : 273 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Application of Teachings by the International Court of Justice by : Sondre Torp Helmersen

Download or read book The Application of Teachings by the International Court of Justice written by Sondre Torp Helmersen and published by Cambridge University Press. This book was released on 2021-03-04 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length systematic examination of how teachings are used in practice in international law.

The Battle for International Law

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Publisher : Oxford University Press
ISBN 13 : 0192589474
Total Pages : 464 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Battle for International Law by : Jochen von Bernstorff

Download or read book The Battle for International Law written by Jochen von Bernstorff and published by Oxford University Press. This book was released on 2019-10-22 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.

Oppenheim's International Law: United Nations

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Publisher : Oxford University Press
ISBN 13 : 0192537199
Total Pages : 1642 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oppenheim's International Law: United Nations by : Rosalyn Higgins

Download or read book Oppenheim's International Law: United Nations written by Rosalyn Higgins and published by Oxford University Press. This book was released on 2017-10-12 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

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 International Court of Justice

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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: "In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.

The International Court of Justice

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781789900170
Total Pages : 1392 pages
Book Rating : 4.9/5 (1 download)

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Book Synopsis The International Court of Justice by : William A. Schabas

Download or read book The International Court of Justice written by William A. Schabas and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice (the 'World Court') is one of the six principal organs of the United Nations. This important collection covers how the court deals with legal disputes between States and provides advisory opinions on the important issues of international law. Readers of this book will obtain a comprehensive overview of the Court, its activities, procedure and contribution to the progressive development of international law. Containing inspirational work by the most prominent experts in the field, as well as an original introduction by the editor, this timely collection will be a crucial resource for scholars and students alike.