The Netherlands in Court
The Netherlands in Court

Author: Niels M. Blokker

Publisher: BRILL

Published: 2007-04-30

Total Pages: 277

ISBN-13: 9047418697

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The work of legal practitioners in the field of international law, particularly when working in a ministry of foreign affairs, takes place at the crossroads of international relations and international law. The legal advisers of ministries of foreign affairs provide advice on the content of international law, and how it should be interpreted and applied in a particular situation. Since Johan Lammers became Legal Adviser, the Netherlands – quite unexpectedly – was increasingly facing situations in which it would become involved in litigation concerning international law. The first essays in this collection deal with actual or potential interstate disputes involving the Netherlands before international courts and arbitral tribunals, followed by articles with respect to international courts and other international bodies before which individuals may appear as applicant or defendant. The final set of essays deal with the increasing number of cases in which international law is invoked in national court proceedings. This work provides insight into the role of the international legal practitioners working for the government of the Netherlands and should be of particular interest to their colleagues in other foreign ministries and other lawyers interested in a reflection on the law in action.

The World Court Reference Guide
The World Court Reference Guide

Author: Bimal N. Patel

Publisher: BRILL

Published: 2021-10-01

Total Pages: 950

ISBN-13: 9004481230

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A single-volume comprehensive overview of procedural aspects of the jurisprudence of the World Court, this work offers: - Statements of initial claims, counter-claims of the contentious cases and questions submitted for the advisory opinions; - Summarised details of all orders, the duration of the oral and written proceedings and coverage of requests for extension of time-limits; - Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, composition of the Court and declarations and opinions of its Members; - Systematic reference on legal instruments such as the Covenant of the League of Nations, the UN Charter, the PCIJ and ICJ Statutes, the Rules of Court, the Arbitral Awards, PCIJ and ICJ case-law, Treaties and inter(national) legal sources; - Coverage of information on litigation teams (agents, counsels, advocates, experts, advisers, etc.); - Indexes containing all versions of the PCIJ and the ICJ Rules of Court, League Covenant, UN Charter, Arbitral Awards, PCIJ and ICJ case-law and Treaties. - The Guide will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. "I often find it important to be able to see at a glance what a case was about, what the Court decided, and who were the personalities involved in every phase of a case, as judges and as agents and counsel. This book aims to meet that requirement. There is also a practical side to this, in light of the Court's wish, in Practice Directions VII and VIII, to introduce different `cooling off periods' for different personalities connected with the Court's judicial work. [...] For the practitioner and for the student the most important parts of this book are the indexes to the Statute and the Rules of Court and the lists of treaties and other legal instruments cited." - From the Introduction by Shabtai Rosenne

Litigation at the International Court of Justice
Litigation at the International Court of Justice

Author: Juan José Quintana

Publisher: BRILL

Published: 2015-05-19

Total Pages: 1364

ISBN-13: 9004297510

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Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

International Law Concerning Child Civilians in Armed Conflict
International Law Concerning Child Civilians in Armed Conflict

Author: Jenny Kuper

Publisher: Oxford University Press

Published: 1997

Total Pages: 324

ISBN-13: 9780198264859

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Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.

Transnational Constitutionalism
Transnational Constitutionalism

Author: Nicholas Tsagourias

Publisher: Cambridge University Press

Published: 2007-07-19

Total Pages: 348

ISBN-13: 113946468X

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An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Proof and the Burden of Proof in International Investment Law
Proof and the Burden of Proof in International Investment Law

Author: Giulio Alvaro Cortesi

Publisher: Springer Nature

Published: 2022-04-29

Total Pages: 240

ISBN-13: 3030963438

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International investment arbitration has been dubbed the “Antarctica” of international procedural law. This book explores international investment arbitration (IIA) using the searchlight of comparative analysis. Further, it provides answers to several questions, such as the role of ICJ judgments and WTO decisions as a source of inspiration for how proof and the burden of proof are approached in IIA. By investigating various evidence-related issues, the book also sheds light on overarching questions including the role of IIA as a subsystem of international economic 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: 369

ISBN-13: 0191502553

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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.

Uniform Law
Uniform Law

Author: Jürgen Basedow

Publisher: Mohr Siebeck

Published: 2024-11-04

Total Pages: 556

ISBN-13: 3161641280

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