The Statute of the International Court of Justice
The Statute of the International Court of Justice

Author: Andreas Zimmermann

Publisher: OUP Oxford

Published: 2012-10-11

Total Pages: 12329

ISBN-13: 0191632546

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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 International Court of Justice and the Judicial Function
The International Court of Justice and the Judicial Function

Author: Gleider I Hernández

Publisher: OUP Oxford

Published: 2014-05-29

Total Pages: 392

ISBN-13: 0191502561

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This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

African Yearbook of International Law/Annuaire Africain De Droit International
African Yearbook of International Law/Annuaire Africain De Droit International

Author: Abdulqawi A. Yusuf

Publisher: Martinus Nijhoff Publishers

Published: 2001-02-01

Total Pages: 584

ISBN-13: 9789041115300

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The "African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. The "African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination. The "Special Theme" of this volume is "Regional Economic Integration in Africa II,"

Interim Measures in The Hague Court
Interim Measures in The Hague Court

Author: Jerzy Sztucki

Publisher: Brill Archive

Published: 1983-01-01

Total Pages: 364

ISBN-13: 9789065440938

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This treatise/casebook is the established standard & authoritative treatment of the rapidly expanding international civil litigation field. The detailed commentary, case analyses, & materials will assist the busy practitioner find comprehensive & practical answers to countless questions that arise in disputes involving foreign parties or transactions. Exhaustive annotations & footnotes provide invaluable research assistance, while clearly written analyses identify key issues. Detailed appendices, practice pointers, model forms, model clauses, an easy-to-use table of contents, & an extensive index all facilitate research.