The Statute of the International Court of Justice

A Commentary

Author: Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams

Publisher: OUP Oxford

ISBN: 0191632546

Category: Law

Page: 1808

View: 1516

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.
Posted in Law

CHARTER OF THE UNITED NATIONS AND THE STATUTE OF INTERNATIONAL COURT OF JUSTICE

ALONG WITH VOTING PROCEDURE IN THE SECURITY COUNCIL

Author: BRIJ KISHORE SHARMA

Publisher: PHI Learning Pvt. Ltd.

ISBN: 8120340426

Category: Political Science

Page: 100

View: 2150

The Charter is of seminal importance to understand the U.N. and its agencies. It is a bold step towards making the world a family of Nations, an attempt to ensure that wars do not scourge the world, an endeavour to make this world peaceful, cooperative and worth living. The book gives in brief the historical background of the U.N. Charter. It also presents how the Court is constituted and functions. The text introduces to the readers those distinguished Indians who sat as judges in the Court. In its present form, the text is useful to students of Political Science, International Organisation and of Law. It will be of great help to all candidates appearing for Civil Service examinations conducted by U.P.S.C. and State Public Service Commissions.
Posted in Political Science

The Role and Record of the International Court of Justice

Author: Nagendra Singh

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792302919

Category: Political Science

Page: 443

View: 3281

Since its birth with the creation of the international Red Cross in 1863, international humanitarian assistance has developed considerably since World War II. In accordance with the Red Cross principle of humanity, it aims at preventing & alleviating human suffering wherever it may be found, protecting life & health & ensuring respect for the human being. International humanitarian assistance involves a complex network of government agencies, intergovernmental & non-governmental organizations, & individual volunteers: it has been labelled a 'non-system'. While governments & intergovernmental organizations play a dominant & structured role in this field, the non-governmental organizations & their volunteers have proved to be their necessary operational partners, providing material, medical & moral relief & care wherever it may be needed, beyond borders, at the grassroots level. Following a brief review of recent humanitarian activities of intergovernmental organizations, & an analysis of current trends of voluntarism, this book focuses on the role, status & attitudes of the major humanitarian non-governmental organizations, including the Red Cross organizations, the British charities, Church-related agencies, medical volunteers (such as the 'French Doctors') & U.N. volunteers. Should humanitarian non-governmental organizations provide relief assistance with the Red Cross concern for discretion, neutrality & impartiality? Or should they bear witness & denounce publicly human rights violations, at the risk of being expelled from recipient countries & having to stop their assistance? The controversial claim of a 'right' to receive & a 'duty' to provide humanitarian assistance beyond borders is also addressed, as well as the possible need for a status to be accorded to international volunteers.
Posted in Political Science

The International Court of Justice

Author: Robert Kolb

Publisher: A&C Black

ISBN: 178225188X

Category: Law

Page: 1362

View: 4206

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
Posted in Law

Charter of the United Nations

Together with Scholarly Commentaries and Essential Historical Documents

Author: Ian Shapiro,Joseph Lampert

Publisher: Yale University Press

ISBN: 0300180438

Category: Law

Page: 255

View: 9456

A text in the Yale University Press Series on Basic Documents in World Politics
Posted in Law

The Authority of the Security Council Under Chapter VII of the UN Charter

Legal Limits and the Role of the International Court of Justice

Author: David Schweigman

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116413

Category: Political Science

Page: 354

View: 3895

This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.
Posted in Political Science

The Role of the International Court of Justice As the Principal Judicial Organ of the United Nations

Author: Mohamed Sameh M. Amr

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041120267

Category: Political Science

Page: 447

View: 5659

This volume 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. It concludes with practical suggestions on how to develop the Court's role.
Posted in Political Science

The International Court of Justice

Its Role in the Maintenance of International Peace and Security

Author: Oliver James Lissitzyn

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777028

Category: Law

Page: 118

View: 9817

A successor to the League of Nation's Permanent Court of International Justice, the International Court of Justice was established in 1946 by the United Nations. Written during its early years, this incisive study outlines how the court functioned as an "instrument for the maintenance of international peace and security" and how it may function in the future. Though skeptical that the court would be a powerful institution, Lissitzyn believed its rulings would have a modest but notable effect on the development of international law. Long out of print, this essay was originally published in the Carnegie series United Nations Studies.
Posted in Law

Der Europarat

Author: Aline Royer

Publisher: Council of Europe

ISBN: 9789287167842

Category:

Page: 63

View: 8886

Posted in

Genozid im Völkerrecht

Author: William A. Schabas

Publisher: N.A

ISBN: 9783930908882

Category: Convention on the Prevention and Punishment of the Crime of Genocide

Page: 792

View: 5631

Posted in Convention on the Prevention and Punishment of the Crime of Genocide

The Elgar Companion to the International Court of Justice

Author: Robert Kolb

Publisher: Edward Elgar Publishing

ISBN: 1782544860

Category: Law

Page: 496

View: 8399

The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant an
Posted in Law

Yearbook, 2001-2002

International Court of Justice

Author: United Nations (UN)

Publisher: United Nations Publications

ISBN: 9789211700794

Category: Law

Page: 248

View: 3145

This is an annual record of the work of the Court. It discusses cases before the Court pertaining to subjects such as territorial rights, law of the sea and treaty interpretation. Each issue also contains a chapter discussing the publications issued during the year. Also available are separate Volumes containing the Reports of Judgments Advisory Opinions and Orders as well as Pleadings, Oral Arguments of each case before the International Court of Justice. Volumes that are not available in print are available in Microfiche.
Posted in Law

Fifty Years of the International Court of Justice

Essays in Honour of Sir Robert Jennings

Author: Vaughan Lowe,Malgosia Fitzmaurice

Publisher: Cambridge University Press

ISBN: 9780521048804

Category: Law

Page: 640

View: 511

To mark the fiftieth anniversary of the International Court of Justice, a distinguished group of international judges, practitioners and academics has undertaken a major review of its work. The chapters discuss the main areas of substantive law with which the Court has been concerned, and the more significant aspects of its practice and procedure in dealing with cases before it. It discusses the role of the Court in the international legal order, and its relationship with the UN's political organs. The thirty-three chapters are presented under five headings: the Court; the sources and evidences of international law; substance of international law; procedural aspects of the Court's work; the Court and the UN. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.
Posted in Law

The Procedural Status of the Individual before International and Supranational Tribunals

Author: W. Paul Gormley

Publisher: Springer Science & Business Media

ISBN: 9401195307

Category: Law

Page: 206

View: 2721

The most important sipgle factor in guaranteeing the effective pro tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.
Posted in Law