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Author: Sondre Torp Helmersen
Publisher: Cambridge University Press
Published: 2021-03-04
Total Pages: 273
ISBN-13: 1108844146
DOWNLOAD EBOOKThe first book-length systematic examination of how teachings are used in practice in international law.
Author: Hugh Thirlway
Publisher: Oxford University Press
Published: 2014-02
Total Pages: 262
ISBN-13: 0199685398
DOWNLOAD EBOOKBecause of its unique nature, the sources of international law are not always easy to identify and interpret. This book provides an ideal introduction to these sources for anyone needing to better understand where international law comes from. As well as looking at treaties and custom, the book will look at more modern and controversial sources.
Author: Thomas Burri
Publisher: Cambridge University Press
Published: 2021-03-04
Total Pages: 331
ISBN-13: 1108841279
DOWNLOAD EBOOKReflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
Author: James Gerard Devaney
Publisher: Cambridge University Press
Published: 2016-09-29
Total Pages: 307
ISBN-13: 1316720896
DOWNLOAD EBOOKFact-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: Victor Stoica
Publisher: Cambridge University Press
Published: 2021-03-11
Total Pages: 307
ISBN-13: 1108490824
DOWNLOAD EBOOKAn in-depth analysis of the remedies of international law used by the International Court of Justice to resolve inter-state disputes.
Author: Sondre Torp Helmersen
Publisher: Cambridge University Press
Published: 2021-03-04
Total Pages: 273
ISBN-13: 1108945198
DOWNLOAD EBOOKHow do the judges of the International Court of Justice, the most authoritative court in international law, use teachings when deciding cases? This book is the first book-length examination of how teachings are used in an important international institution. It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff. Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges. The book suggests explanations for the patterns it identifies, in order to contribute to understanding not only when and how teachings are used, but also why, and compares the Court's practice with that of other international courts and tribunals. This study fills a gap in the international legal literature and will be essential reading for scholars and practicing international lawyers.
Author: Avidan Kent
Publisher: Routledge
Published: 2019-03-01
Total Pages: 267
ISBN-13: 042987216X
DOWNLOAD EBOOKThe end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order. ‘The Future of International Courts’ is essential reading for academics, practitioners and students who are interested in international law, including those who are interested in the role international courts play in international relations.
Author: H. W. A. Thirlway
Publisher: Oxford University Press
Published: 2016
Total Pages: 241
ISBN-13: 0198779070
DOWNLOAD EBOOKAn 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.
Author: Ole Spiermann
Publisher: Cambridge University Press
Published: 2005-01-06
Total Pages: 539
ISBN-13: 1139442686
DOWNLOAD EBOOKThe International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
Author: T O Elias
Publisher: Martinus Nijhoff Publishers
Published: 1983-05
Total Pages: 384
ISBN-13: 9004634495
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