The Development Of Human Rights Law By The Judges Of The International Court Of Justice

Author : Shiv R.S. Bedi
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313434
Total Pages : 502 pages
Book Rating : 4.30/5 ( download)

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Download or read book The Development of Human Rights Law by the Judges of the International Court of Justice written by Shiv R.S. Bedi and published by Bloomsbury Publishing. This book was released on 2007-01-18 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights.

Author : Shiv R. S. Bedi
Publisher :
ISBN 13 : 9781472563859
Total Pages : 0 pages
Book Rating : 4.59/5 ( download)

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Download or read book The Development of Human Rights Law by the Judges of the International Court of Justice written by Shiv R. S. Bedi and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The jurisprudence of the International Court of Justice generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of the book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to.In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analysed in light of the principle of human dignity and the doctrine of human rights."--Bloomsbury Publishing.

Author : Stefan Kadelbach
Publisher : Springer
ISBN 13 : 3319948482
Total Pages : 663 pages
Book Rating : 4.85/5 ( download)

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Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.

Author : J. G. Merrills
Publisher : Manchester University Press
ISBN 13 : 9780719045608
Total Pages : 354 pages
Book Rating : 4.06/5 ( download)

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Download or read book The Development of International Law by the European Court of Human Rights written by J. G. Merrills and published by Manchester University Press. This book was released on 1993 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law.

Author : Dhokalia
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004637877
Total Pages : 411 pages
Book Rating : 4.70/5 ( download)

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Download or read book International Law in Transition written by Dhokalia and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume, written in memory of Judge Nagendra Singh are centred around the theme of `International Law in Transition'. The international legal system has been in transition ever since the end of the Second World War, and it can be argued that a `new' international law has emerged, different from traditional Eurocentric law, and comprising legal principles and standards of behaviour acceptable to all States, irrespective of their ideological, economic or political systems. Innovations in international law have been brought about in response to contemporary needs, demands and aspirations within the global community, to fill gaps in the existing law, and in order to bring it into some accord with radically new societal conditions. Distinguished scholars, jurists and judges from around the world have contributed essays to this thought-provoking book.

Author : Nerina Boschiero
Publisher : Springer Science & Business Media
ISBN 13 : 9067048941
Total Pages : 948 pages
Book Rating : 4.41/5 ( download)

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Download or read book International Courts and the Development of International Law written by Nerina Boschiero and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

Author : Riccardo Pisillo Mazzeschi
Publisher : Springer
ISBN 13 : 331990227X
Total Pages : 272 pages
Book Rating : 4.72/5 ( download)

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Download or read book Global Justice, Human Rights and the Modernization of International Law written by Riccardo Pisillo Mazzeschi and published by Springer. This book was released on 2018-07-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on the observation that international law is undergoing a process of change and modernization, driven by many factors, among which the affirmation and consolidation of the role of the individual and of the theory of human rights stand out. In the contemporary world, international law has demonstrated an ability to evolve rapidly. But it is still unclear whether its modernization process is also producing structural changes, which affect the subjects, the sources and even the very purpose of this law. Is it truly possible to speak of a paradigmatic and ideological change in the international legal system, one that also involves a transition from a state-centred international order to a human-centred one, and from inter-state justice to global justice?The book addresses three fundamental aspects of the modernization process of international law: the possible widening of the concept of international community and of the classic assumptions of statehood; the possible diversification of the sources of general international law; and the ability of international law to adapt to new challenges and to achieve the main goals for humanity set by the United Nations.The overall objective of the book is to provide the tools for a deeper understanding of the transition phase of contemporary international law, by examining the major problems that characterize this phase. The book will also stimulate critical reflection on the future prospects of international law.

Author : Triestino Mariniello
Publisher : BRILL
ISBN 13 : 9004434666
Total Pages : 966 pages
Book Rating : 4.60/5 ( download)

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Download or read book Judge Pinto de Albuquerque and the Progressive Development of International Human Rights Law written by Triestino Mariniello and published by BRILL. This book was released on 2021-02-01 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, an English-written book collects the most salient opinions of Judge Paulo Pinto de Albuquerque (European Court of Human Rights).

Author : Andreas Zimmermann
Publisher : OUP Oxford
ISBN 13 : 0191632546
Total Pages : 12559 pages
Book Rating : 4.49/5 ( download)

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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.

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : New York and Geneva : United Nations
ISBN 13 : 9789211541410
Total Pages : 885 pages
Book Rating : 4.17/5 ( download)

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Download or read book Human Rights In The Administration Of Justice written by United Nations. Office of the High Commissioner for Human Rights and published by New York and Geneva : United Nations. This book was released on 2003-12-01 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.