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Author: Gunnar Törber Publisher: Bloomsbury Publishing ISBN: 1509901434 Category : Law Languages : en Pages : 412
Book Description
The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.
Author: Gunnar Törber Publisher: Bloomsbury Publishing ISBN: 1509901434 Category : Law Languages : en Pages : 412
Book Description
The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.
Author: Nisuke Andåo Publisher: BRILL ISBN: 9789041117977 Category : Juvenile Nonfiction Languages : en Pages : 848
Book Description
Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).
Author: Leo Gross Publisher: Martinus Nijhoff Publishers ISBN: 9004637931 Category : Law Languages : en Pages : 665
Book Description
In 1983, when he was 80 years old, Leo Gross compiled 45 of his essays which had been published in scholarly journals and other collections from 1945 to 1984. The collection was published in two volumes by Martinus Nijhoff Publishers and Transnational Publishers in 1984, with a Preface by Judge Stephen M. Schwebel of the International Court of Justice. The collection has been out of print for some time. In response to many requests, the Publishers have now decided to issue a shorter, one-volume collection, the selection from the 1984 books having been carried out by Professor Alfred P. Rubin, who occupied the office adjoining that of Leo Gross in the Fletcher School for no less than seventeen years. In his impressive and illuminating Introduction to this one-volume collection, Alfred Rubin pays tribute to his former colleague and points to a number of the most impressive features of the Gross essays. In discussing the criteria of his choice, he concludes: `Tough choices had to be made to present the reader with the widest and deepest selection of the works of a wide and deep mind. The bottom line was always the utility of the selection to the next generation of students of public international law and organization. '
Author: Eyffinger Publisher: Martinus Nijhoff Publishers ISBN: 9004632565 Category : Business & Economics Languages : fr Pages : 444
Book Description
La Cour internationale de Justice, l'un des cinq organes principaux de l'Organisation des Nations Unies, et son organe judiciaire principal, est installée à La Haye, loin du Siège de l'ONU, dans la sérénité du Palais de la Paix, don d'Andrew Carnegie à l'idéal de la paix mondiale. Cet ouvrage très bien documenté paraît à l'occasion du jubilé des cinquante ans de la Cour. L'ouvrage comporte douze chapitres, et est préfacé par le Président de la Cour. Avec une riche iconographie, il illustre l'idée du règlement pacifique des différends à travers les âges, qui devait trouver sa consécration lors des conférences de la paix de La Haye. Il évoque la création de la Cour, remontant à l'époque de sa devancière dans l'entre deux-guerres. Il traite du droit et de la procédure de la Cour internationale de Justice et décrit la composition de la Cour dans sa diversité juridique et culturelle. Des statistiques, la biographie de tous les juges et une bibliographie complètent cet hommage remarquable à un idéal universel et séculaire.
Author: Eirik Bjorge Publisher: OUP Oxford ISBN: 0191025771 Category : Law Languages : en Pages : 268
Book Description
If an old treaty regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted decades after its conclusion, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was concluded? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over five decades old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the Vienna rules of interpretation, as codified in Articles 3133 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treatiesin common with all other types of interpretationis in fact based upon an objective understanding of the intention of the parties. In order to marry intention and evolution, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Articles 3133 and, on the other, that Articles 3133 are geared towards the objective establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
Author: Publisher: ISBN: Category : International law Languages : en Pages : 782
Book Description
Vols. for 1970-1973 include: American Society of International Law. Meeting. Proceedings, 64th-67th, previously published separately; with the 68th, resumed being publihsed separately.
Author: Gunnar Törber
Author: Gunnar Törber
Author: Sudhee Prasasvinitchai
Author: Nisuke Andåo
Author: Leo Gross
Author: Alexandre Yankov
Author: Leo Gross
Author: Eyffinger
Author: Eirik Bjorge
Author: 
Author: R. Bernhardt