The International Court Of Justice And Some Contemporary Problems

Author : Taslim Elias
Publisher : Springer Science & Business Media
ISBN 13 : 9401748659
Total Pages : 375 pages
Book Rating : 4.50/5 ( download)

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Download or read book The International Court of Justice and some contemporary problems written by Taslim Elias and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differing aspects of the living law of the United Nations. Although written on diverse occasions and for different purposes, they are nevertheless animated by the common ideal of analysing and synthesising current issues with which the International Court of Justice, the United Nations Organization itself and related law-making organs and institutions have been grappling in the last five years or so. The treatment of the subjects with which they deal and the manner of their orientation naturally differ both in scope and in depth of analysing, depending upon the particular aspects of international law under consideration. They open up not only new horizons but also, as one of its chapters indicates, new conceptions and perspectives in current international law. Old topics are re-examined from new angles, some new topics are studied in such a way as to relate them to their customary roots and pristine significance in legal thought. There are five main parts. The first and inevitably the longest division deals with the international judicial process in nearly all its modern ramifications as exemplified in the work of the Court. The first study deals with problems of method associated with the internal judicial practice of the Court from the moment the public hearings have been completed up to the delivery of the judgment; in other words, how the Court judges a case.

Author : T O Elias
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004634495
Total Pages : 384 pages
Book Rating : 4.97/5 ( download)

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Download or read book The International Court of Justice and Some Contemporary Problems written by T O Elias and published by Martinus Nijhoff Publishers. This book was released on 1983-05 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Christian J. Tams
Publisher : OUP Oxford
ISBN 13 : 019165034X
Total Pages : 432 pages
Book Rating : 4.45/5 ( download)

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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.

Author : Edgardo Sobenes Obregon
Publisher : Springer
ISBN 13 : 331962962X
Total Pages : 435 pages
Book Rating : 4.29/5 ( download)

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Download or read book Nicaragua Before the International Court of Justice written by Edgardo Sobenes Obregon and published by Springer. This book was released on 2017-11-21 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

Author : Sanford R. Silverburg
Publisher : Westview Press
ISBN 13 : 0813344719
Total Pages : 658 pages
Book Rating : 4.13/5 ( download)

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Download or read book International Law written by Sanford R. Silverburg and published by Westview Press. This book was released on 2011-03-22 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt: Invited contributions from well-established scholars and emerging stars in law and politics provide instructors and students with a compact, essential reader of timely essays on the key issues facing international law today.

Author : Hans Wehberg
Publisher : Forgotten Books
ISBN 13 : 9780656513376
Total Pages : 288 pages
Book Rating : 4.73/5 ( download)

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Download or read book The Problem of an International Court of Justice (Classic Reprint) written by Hans Wehberg and published by Forgotten Books. This book was released on 2018-02-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Problem of an International Court of Justice The present volume, which is Dr. Wehberg's monograph on the problem of an international court of justice, cannot be read by any one without admiration for the skilful manner in which he has discussed the various problems connected with an international court and without a feeling of gratitude for the balanced judgment and the spirit of fairness which he has displayed in the attempt to solve the problems connected with the proposed court, which are both many and difficult. Dr. Wehberg approached the question of an international court of justice with considerable misgivings, and, in a previous publication, he declared himself to be a partisan of the so-called Permanent Court of Arbitration and opposed to the establishment of a truly permanent court composed of professional judges acting under a sense of judicial responsibility. Study and reflection, however, have convinced him of the necessity of the latter court, and the volume under review is calculated to strengthen the faith of those who believe in the proposed court and to persuade many doubters and waverers who are open to argument. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : A. Mark Weisburd
Publisher : Oxford University Press
ISBN 13 : 0199364079
Total Pages : 280 pages
Book Rating : 4.77/5 ( download)

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Download or read book Failings of the International Court of Justice written by A. Mark Weisburd and published by Oxford University Press. This book was released on 2015-11-20 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive. The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.

Author : Andreas Zimmermann
Publisher : OUP Oxford
ISBN 13 : 0191632538
Total Pages : 1798 pages
Book Rating : 4.32/5 ( 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 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.

Author : James Gerard Devaney
Publisher : Cambridge University Press
ISBN 13 : 1316720896
Total Pages : 307 pages
Book Rating : 4.99/5 ( download)

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Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney and published by Cambridge University Press. This book was released on 2016-09-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Author : Paula Wojcikiewicz Almeida
Publisher : Routledge
ISBN 13 : 1317511352
Total Pages : 342 pages
Book Rating : 4.59/5 ( download)

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Download or read book Latin America and the International Court of Justice written by Paula Wojcikiewicz Almeida and published by Routledge. This book was released on 2016-11-25 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.