Failings of the International Court of Justice PDF Download

Author: Arthur Mark Weisburd
Publisher: Oxford University Press
ISBN: 0199364060
Category : History
Languages : en
Pages : 433

View

Book Description
The International Court of Justice is the principal forum for countries seeking to resolve legal disputes with one another. Failings of the International Court of Justice argues that ICJ decisions - although treated with great respect by international lawyers - are often wrong and do not merit the deference they receive. In this book, A. Mark Weisburd explains the legal basis for the Court's work, and explores the cases where legal errors are prevalent.

Author: Mark Kersten
Publisher: Oxford University Press
ISBN: 0191082945
Category : Law
Languages : en
Pages : 273

View

Book Description
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.

Author: H. W. A. Thirlway
Publisher: Oxford University Press
ISBN: 0198779070
Category : Law
Languages : en
Pages : 241

View

Book Description
An 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: Mads Tønnesson Andenæs
Publisher: Cambridge University Press
ISBN: 1107082099
Category : Law
Languages : en
Pages : 605

View

Book Description
Exploring 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.

Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769

View

Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Author: United Nations
Publisher:
ISBN: 9789211573640
Category : Political Science
Languages : en
Pages : 0

View

Book Description
Drawing on the Household Living Arrangements of Older Persons 2019 Dataset, the World Population Ageing 2020 Highlights will document key patterns and trends of the household living arrangements of older persons around the world.

Author: David Rohde
Publisher: Penguin
ISBN: 1101575093
Category : Political Science
Languages : en
Pages : 481

View

Book Description
“Powerful… definitive… Rohde tells the Srebrenica story with all the shades of gray the truth demanded.” —The Washington Post In 1996, at the height of the Bosnian wars, a correspondent for The Christian Science Monitor named David Rohde uncovered a horrifying story that became an enduring symbol of the genocidal nature of that conflict, earning him his first Pulitzer Prize. Endgame is the full-length narrative of the nightmare he stumbled upon in the town of Srebrenica, where a massacre of historic proportions has been allowed to happen due to the negligence of the United States, NATO, and the United Nations. Told through the eyes of the soldiers, peacekeepers, and civilians who were there, this is a vital, unforgettable work of history about an atrocity that could have been prevented.

Author: Berk Demirkol
Publisher: Cambridge University Press
ISBN: 1107198461
Category : Law
Languages : en
Pages : 291

View

Book Description
A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

Author: Gregory S. Gordon
Publisher: Oxford University Press
ISBN: 0190612681
Category : History
Languages : en
Pages : 465

View

Book Description
This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.

Author: Eva R. Rieter
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1282

View

Book Description
International human rights adjudicators, while facing urgent cases, have used provisional measures in order to prevent irreparable harm, e.g. to order States to halt an expulsion, the execution of a death sentence, destruction of the natural habitat, or to ensure access to health care in detention or protection against death threats. In the practice of the various adjudicators the traditional concept of provisional measures has undergone a process of humanisation. This book addresses the question how such provisional measures can be made as persuasive as possible. Apart from the Inter-American Court, none of the human rights adjudicators motivate or publish their provisional measures. Yet this book analyses their (best) practices and obstacles, determines the underlying rationale for their use of provisional measures and establishes the core of the concept of provisional measures that all adjudicators have in common. It argues that clarity on what belongs to the core of the concept, and on what does not belong to the concept at all, enhances the persuasive force of provisional measures. The practices of the international adjudicators made accessible in this book may prove useful in the ongoing cross-fertilization occurring among these adjudicators. Moreover, the analysis provided allows individual victims, their counsel, NGOs as well as international institutions to address more effectively urgent human rights cases. About this book: 'Rieter's book is a very worthwhile and sorely needed reference. Overall, the book provides a comprehensive and organized explanation of provisional measures and the bodies that may issue them. Its most important contribution is found in the middle chapters addressing the various situations and kinds of harm previously addressed by human rights tribunals when granting provisional measures, although the practical suggestions to human rights tribunals are also surely welcome. Researchers, human rights defenders and the tribunals themselves will find much in Rieter's volume to strengthen and enrich their work. Ideally, the information it contains will contribute not only to better understanding of provisional measures, but also to coherence in, and progressive development of, this area of the law.' X on internationalhumanrightslaw.org (2010))