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Author: Lucius Caflisch Publisher: BRILL ISBN: 9004635904 Category : Law Languages : en Pages : 160
Book Description
International law has made remarkable progress during the last decades. But law-making is one thing, ensuring compliance quite another. While the enthusiasm and support for international law-making are considerable, caution and mistrust soon re-emerge when disputes arise over implementation. To persuade member States of the OSCE to resort to international conciliation and arbitration, there must be the will to use the Court on the part of States. This work takes stock of the obstacles, whether they be institutional (different mechanisms for the peaceful settlement of disputes), structural (actual limitations to the settlement of disputes between States) or relate to competition (between means of diplomatic settlement and adjudication). This work is based on a Symposium held in Geneva to mark the Constitution of the Court of Conciliation and Arbitration within the OSCE. The contributions deal in particular with a variety of topics which could arise within the framework of the new OSCE Court, such as political and judicial means of settlement, subsidiarity of the new Court, and conciliation and arbitration before that Court.
Author: Lucius Caflisch Publisher: BRILL ISBN: 9004635904 Category : Law Languages : en Pages : 160
Book Description
International law has made remarkable progress during the last decades. But law-making is one thing, ensuring compliance quite another. While the enthusiasm and support for international law-making are considerable, caution and mistrust soon re-emerge when disputes arise over implementation. To persuade member States of the OSCE to resort to international conciliation and arbitration, there must be the will to use the Court on the part of States. This work takes stock of the obstacles, whether they be institutional (different mechanisms for the peaceful settlement of disputes), structural (actual limitations to the settlement of disputes between States) or relate to competition (between means of diplomatic settlement and adjudication). This work is based on a Symposium held in Geneva to mark the Constitution of the Court of Conciliation and Arbitration within the OSCE. The contributions deal in particular with a variety of topics which could arise within the framework of the new OSCE Court, such as political and judicial means of settlement, subsidiarity of the new Court, and conciliation and arbitration before that Court.
Author: Daniel Bardonnet Publisher: Martinus Nijhoff Publishers ISBN: 9780792315728 Category : Law Languages : fr Pages : 710
Book Description
Any dreams that Europe had at last become too mature a society of states for the continent to be afficted by bloody international disputes have been shattered in recent months. This unique book examines both the sources of disputes -- the delimination of boundaries, ethnic differences, human rights violations, environmental damage, drug control, etc. -- and the most appropriate methods for settling them. The examination is thorough and detailed, and the result is a substantial work, authored by leading authorities, many of whom have played major roles in devising and operating dispute settlement procedures. This bilingual (English and French) volume is destined to become an important "vade-mecum" for diplomats and officials, and a reference work of permanent significance for students, academics and all those interested in international law and relations.
Author: Malcolm N. Shaw Publisher: Cambridge University Press ISBN: 1107394368 Category : Law Languages : en Pages : 1664
Book Description
Malcolm Shaw's engaging and authoritative International Law has become the definitive textbook for instructors and students alike, in this increasingly popular field of academic study. The hallmark writing style provides a stimulating account, motivating students to explore the subject more fully, while maintaining detail and academic rigour. The analysis integrated in the textbook challenges students to develop critical thinking skills. The sixth edition is comprehensively updated throughout and is carefully constructed to reflect current teaching trends and course coverage. The International Court of Justice is now examined in a separate dedicated chapter and there is a new chapter on international criminal law. The detailed references and reliable, consistent commentary which distinguished previous editions remain, making this essential reading for all students of international law whether they be at undergraduate level, postgraduate level or professional lawyers.
Author: Karel Wellens Publisher: Routledge ISBN: 1317089138 Category : Law Languages : en Pages : 621
Book Description
This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.
Author: Gérardine Goh Publisher: BRILL ISBN: 9047419464 Category : Law Languages : en Pages : 424
Book Description
The existence of international law, with its rights, rules and regulations is futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from policies of regional and international organizations; to juridical dispute settlement and global governance; to fiscal entrepreneurship and business efficacy; and to scientific breakthroughs and technological advances. In this context, this book looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes a workable legal framework for dispute resolution in outer space, together with a mechanism for enforcement and verification.
Author: Maria Xiouri Publisher: BRILL ISBN: 900436322X Category : Law Languages : en Pages : 446
Book Description
In The Breach of a Treaty: State Responses in International Law, Maria Xiouri examines the relationship between responses to the breach of a treaty, namely between the termination of the treaty or the suspension of its operation and countermeasures.
Author: Robert Kolb Publisher: A&C Black ISBN: 178225188X Category : Law Languages : en Pages : 1754
Book Description
The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales. Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars: 'Robert Kolb's International Court of Justice provides a magisterial, lucid study of its subject. The breadth and depth of the treatment are impressive: Kolb takes the reader from the history of the Court, to its role in international society, to the more technical questions concerning its composition, powers and procedures, to the development of its jurisprudence, and to its future. The finely grained discussion provides much more than a mere survey of the Court's constitutive instruments and decisions. It engages the Court as an institution and asks how it actually operates, and secures efficacy and authority in doing so. The book's careful and detailed coverage of the Court's legal framework and operation will benefit practitioners and scholars alike. There is no doubt that Kolb's volume immediately takes a place among the authoritative references on the Court.' ASIL Book Awards Committee This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Lucius Caflisch
Author: Lucius Caflisch
Author: Daniel Bardonnet
Author: Malcolm N. Shaw
Author: Karel Wellens
Author: Gérardine Goh
Author: Maria Xiouri
Author: Robert Kolb
Author: Peter Malanczuk
Author: Hague Academy of International Law
Author: Jörg Polakiewicz