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Author: Christian J. Tams Publisher: Martinus Nijhoff Publishers ISBN: 900424493X Category : Law Languages : en Pages : 426
Book Description
'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.
Author: Juan José Quintana Publisher: BRILL ISBN: 9004297510 Category : Law Languages : en Pages : 1364
Book Description
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.
Author: Andreas Zimmermann Publisher: OUP Oxford ISBN: 0191632538 Category : Law Languages : en Pages : 1798
Book Description
The 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: League of Nations Publisher: ISBN: 9781330907528 Category : Law Languages : en Pages : 26
Book Description
Excerpt from The Permanent Court of International Justice All the work for the organisation of the world has revolved around two different poles, namely, community of interests and conflict of interests. This has tended, on the one hand, to the furtherance of common interests, and, on the other, to the prevention or avoidance of threatened conflicts when the interests of one country ran counter to those of another. The work in the former direction had its effect in the creation of a widespread network of administrative organisations covering all, or as many as possible, of the civilised countries. Such organisations included the Postal and Telegraph Unions, the Agricultural Institute at Rome, International Railway Conventions, the network of treaties concerning patents, copyrights, and trade marks. The work for the avoidance of war crystallised in international agreements for judicial settlement of international disputes, or for impartial investigation and attempts at conciliation. The synthesis of these efforts was constituted by the Conventions for the pacific settlement of international disputes, which were concluded at what are known as the two Peace Conferences held at The Hague in 1899 and 1907. When the war came, it involved among others the two big Anglo-Saxon nations who maintain the legal doctrine that war dissolves international agreements between belligerents; thus, the development of the organisation of the world along administrative lines was interrupted, although the peace treaties tended to bind together the threads uniting the Past with the Future - threads torn asunder by the war; the war itself, especially in view of the events which surrounded its origin, was a challenge to the methods for the avoidance of war which had hitherto been practised, and a denial of the agreements which, in this respect, had been concluded. If, in these circumstances, the efforts of the nations of the world were once more to be united and directed towards a common end, instead of being turned towards conflict of national interests, endeavours would have to be made on fresh lines. The Fundamental Ideas of the League of Nations. Such lines were found in the conception of a League of Nations or States. In this conception there were welded together the ideas of a world organisation for the furtherance of common interests and for the avoidance of conflicts. This was possible because, at the bottom of both was the idea of the interdependence of States. This interdependence, of course, grows as long as peaceful conditions prevail, and the maintenance of Peace is made easier by the existence of interdependence, since interdependence makes Peace a predominant interest to any State: further, interdependence makes it possible to create an efficient system of sanctions for violations of international obligations concerning the maintenance of Peace, a system, however, that can only be applied by an organisation of States that is practically universal, and thus able to control the working of the interdependence. This organisation is the League of Nations, and the sanctions are its economic weapon. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Rosalyn Higgins Publisher: Oxford University Press ISBN: 9780198764106 Category : Law Languages : en Pages : 312
Book Description
This text offers an original and scholarly introduction to a number of key topics which lie at the heart of modern international law. Based upon the author's highly acclaimed Hague Academy lectures, the book introduces the student to a series of pressing problems which help reveal the complex relationship between legal norms and policy objectives which define contemporary international law.
Author: Charles De Visscher Publisher: Princeton University Press ISBN: 1400875021 Category : Law Languages : en Pages : 398
Book Description
This edition of the work regarded as a modern classic in the field of international law corresponds to the third French edition in which the author updates his attempt "to increase the authority of international law by bringing back into it the values upon which it was founded." While this edition remains faithful to the ideas expounded in earlier versions, the author included new currents of thought in judicial practice and doctrine. These relate chiefly to the development of international organization, to the progress of codification, and to the decisions of the International Court of Justice. Originally published in 1968. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Cedric Ryngaert Publisher: ISBN: 0199688516 Category : Law Languages : en Pages : 273
Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Stanimir A. Alexandrov Publisher: Martinus Nijhoff Publishers ISBN: 9780792331452 Category : Political Science Languages : en Pages : 194
Book Description
This study examines the reservations to the acceptance of compulsory jurisdiction included in declarations made by States under Article 36(2) of the Statute of the Permanent Court of International Justice and of the Statute of the International Court of Justice and discusses the practical application by the Court of the principle of reciprocity to such reservations in contentious cases submitted to it under Article 36(2). It has been considered that, due to acceptance conditioned by so many, diverse, and complicated reservations, the compulsory jurisdiction of the Court has been declining in significance. The recent trend of acceptance of the compulsory jurisdiction does not support such a conclusion. Since the practice of making declarations with reservations has continued, further study of the Court's jurisprudence in dealing with such reservations seems necessary. This analysis attempts to show that reservations in unilateral declarations do not contribute to the decline of the Optional Clause. In fact, reservations provide for the flexibility which many States consider essential in accepting the compulsory jurisdiction of the International Court of Justice. Thus, the right to include a variety of reservations in unilateral declarations may in fact contribute to the wider acceptance of compulsory jurisdiction.
Author: Hersch Lauterpacht
Author: Hersch Lauterpacht
Author: Christian J. Tams
Author: League of Nations
Author: Juan José Quintana
Author: Andreas Zimmermann
Author: League of Nations
Author: Rosalyn Higgins
Author: Charles De Visscher
Author: Cedric Ryngaert
Author: Stanimir A. Alexandrov