The Power of the International Court to Determine Its Own Jurisdiction
Author: Ibrahim F. I. Shihata
Publisher: Springer
Published: 2013-11-27
Total Pages: 409
ISBN-13: 9401759081
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Author: Ibrahim F. I. Shihata
Publisher: Springer
Published: 2013-11-27
Total Pages: 409
ISBN-13: 9401759081
DOWNLOAD EBOOKAuthor: Yuval Shany
Publisher: Cambridge University Press
Published: 2016
Total Pages: 185
ISBN-13: 1107038790
DOWNLOAD EBOOKOffers a new understanding of traditional rules on jurisdiction and admissibility of cases before international courts and tribunals.
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: Andreas Zimmermann
Publisher: OUP Oxford
Published: 2012-10-11
Total Pages: 1798
ISBN-13: 0191632538
DOWNLOAD EBOOKThe 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: Alexandre Skander Galand
Publisher: BRILL
Published: 2018-11-26
Total Pages: 278
ISBN-13: 9004342214
DOWNLOAD EBOOKThis book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
Author: Patrícia Galvão Teles
Publisher: Brill Nijhoff
Published: 2021
Total Pages: 288
ISBN-13: 9789004467651
DOWNLOAD EBOOK"This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--
Author: Mohamed Sameh M. Amr
Publisher: BRILL
Published: 2021-08-04
Total Pages: 471
ISBN-13: 9004479104
DOWNLOAD EBOOKThe Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court.
Author: Hanqin Xue
Publisher: BRILL
Published: 2017-07-03
Total Pages: 262
ISBN-13: 9004342761
DOWNLOAD EBOOKThe International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
Author: Henrik Ringbom
Publisher: BRILL
Published: 2015-08-11
Total Pages: 466
ISBN-13: 9004303502
DOWNLOAD EBOOKJurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Author: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
Published: 2015-10-09
Total Pages: 605
ISBN-13: 1107082099
DOWNLOAD EBOOKExploring the role of the International Court of Justice in the re-convergence of international law, this book contends that the court's jurisprudence is transforming traditional concepts such as sovereignty, rights and jurisdiction and in so doing is leading a trend towards the reunification of international law.