Enhancing the Rule of Law through the International Court of Justice

Author: Giorgio Gaja,Jenny Grote Stoutenburg

Publisher: Martinus Nijhoff Publishers

ISBN: 9004278567

Category: Business & Economics

Page: 180

View: 9850

"Enhancing the Rule of Law through the International Court of Justice", edited by Giorgio Gaja and Jenny Grote Stoutenburg, explores the current and possible future contribution of the International Court of Justice to the rule of law in the international community.
Posted in Business & Economics

Enhancing the Rule of Law Through the International Court of Justice

Author: Giorgio Gaja,Jenny Grote Stoutenburg

Publisher: Brill - Nijhoff

ISBN: 9789004273191

Category: Business & Economics

Page: 172

View: 4343

"Enhancing the Rule of Law through the International Court of Justice", edited by Giorgio Gaja and Jenny Grote Stoutenburg, explores the current and possible future contribution of the International Court of Justice to the rule of law in the international community.
Posted in Business & Economics

The Development of Human Rights Law by the Judges of the International Court of Justice

Author: Shiv R. S. Bedi

Publisher: Hart Pub Limited

ISBN: 9781841135762

Category: Law

Page: 488

View: 5261

The jurisprudence of the International Court of Justice (ICJ) generally demonstrates that no rule of international law can be interpreted and applied without regard to its innate values and the basic principles of human rights. Through its case-law, the ICJ has made immense contributions to the development of human rights law, and in so doing continues to provide solutions to mounting international problems, such as terrorism and unilateral use of force. Part I of this book argues that the legislative spirit of contemporary international law lies in the doctrine of human rights and that the spirit of human rights doctrine lies in the principle of human dignity. Furthermore, it argues that the processes of international legislation and international adjudication are inseparable, and that there is no norm of international law which does not intertwine the fundamental principle of human dignity with human rights doctrine. Hence human rights law is more a school of law than merely a normative branch of international law, and the ICJ's willingness to engage in the development of human rights law depends upon which judicial ideology its judges subscribe to. In order to evaluate how this human rights spirit is manifested, or occasionally not manifested, through the vast jurisprudence of the ICJ, Parts II and III critically examine the Court's principal contentious and advisory cases in which it has treated human rights questions. The legal reasoning of the Court and the opinions appended to its decisions by its individual judges are analyzed in light of the principle of human dignity and the doctrine of human rights. This original and thorough text will be of interest to all international lawyers.
Posted in Law

The ICJ and the Evolution of International Law

The Enduring Impact of the Corfu Channel Case

Author: Karine Bannelier,Théodore Christakis,Sarah Heathcote

Publisher: Routledge

ISBN: 1136619305

Category: Law

Page: 400

View: 7593

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History
Posted in Law

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: 9748

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 Development of International Law by the International Court of Justice

Author: Christian J. Tams,James Sloan

Publisher: Oxford University Press

ISBN: 0199653216

Category: Law

Page: 400

View: 6008

This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.
Posted in Law

The Humanitarian Face of the International Court of Justice

Its Contribution to Interpreting and Developing International Human Rights and Humanitarian Law Rules and Principles

Author: Gentian Zyberi

Publisher: Intersentia Uitgevers N V

ISBN: 9789050957922

Category: Law

Page: 523

View: 7132

This book represents the first effort in assessing the role and contribution of the International Court of Justice (ICJ) in interpreting and developing rules and principles of international human rights and humanitarian law. First, the book addresses the Court's possibilities and limitations in the fields of international human rights and humanitarian law. Second, in exposing the contribution of the Court, the book provides a detailed analysis of relevant case law stretching from its establishment in 1946 to the end of 2007. It should be noted that through its case law, the Court has managed to wed international law to humanitarian demands for protection and respect for individual human rights, human life, and human dignity. The third component of the book looks into the relationship between the ICJ and specialized international human rights and humanitarian law courts and tribunals and international quasi-judicial bodies. Finally, the author offers a number of conclusions and recommendations aimed at enhancing the possible role and impact of the ICJ and improving the international legal system concerned with the promotion and the protection of human rights. Intersentia is proud to announce that both Antoine Buyse and Gentian Zyberi won the Max van der Stoel Human Rights Award 2008.Ë
Posted in Law

Transparency in International Law

Author: Andrea Bianchi,Anne Peters

Publisher: Cambridge University Press

ISBN: 1107470242

Category: Law

Page: 650

View: 3535

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Posted in Law

The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law: 1996-2016 La contribution du Tribunal international du droit de la mer à l‘état de droit: 1996-2016

Author: Intl. Tribunal for the Law of the Sea

Publisher: BRILL

ISBN: 9004356835

Category: Law

Page: 324

View: 9167

Highlighting the role played by the Tribunal over the last 20 years in the system for the peaceful settlement of law of the sea related disputes, this volume will be a useful resource for all those interested in the law of the sea and dispute resolution.
Posted in Law

Between Equal Rights

A Marxist Theory of International Law

Author: China Miéville

Publisher: Haymarket Books

ISBN: 1931859337

Category: Law

Page: 375

View: 495

Mieville critically examines existing theories of international law and offers a compelling alternative Marxist view.
Posted in Law

The International Court of Justice and Self-defence in International Law

Author: James A. Green

Publisher: Hart Pub Limited

ISBN: 9781841138763

Category: Law

Page: 229

View: 7757

The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice.This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue.Winner of the American Society of International Law's Lieber Society Book Prize 2009Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence.Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, LondonJames Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack."Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham UniversityWinner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.
Posted in Law

Strengthening the Rule of Law through the UN Security Council

Author: Jeremy Farrall,Hilary Charlesworth

Publisher: Routledge

ISBN: 1317338391

Category: Political Science

Page: 304

View: 2659

The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
Posted in Political Science

The Role of Courts in Transitional Justice

Voices from Latin America and Spain

Author: Jessica Almqvist,Carlos Esposito

Publisher: Routledge

ISBN: 1136579257

Category: Law

Page: 336

View: 5151

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.
Posted in Law

The Individual in the International Legal System

Continuity and Change in International Law

Author: Kate Parlett

Publisher: Cambridge University Press

ISBN: 1139499971

Category: Law

Page: N.A

View: 3143

Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.
Posted in Law

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: 3538

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

The Interpretation of International Law by Domestic Courts

Uniformity, Diversity, Convergence

Author: Helmut Philipp Aust,Georg Nolte

Publisher: Oxford University Press

ISBN: 0191059412

Category: Law

Page: 384

View: 8444

The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.
Posted in Law

Kadi on Trial

A Multifaceted Analysis of the Kadi Trial

Author: Matej Avbelj,Filippo Fontanelli,Giuseppe Martinico

Publisher: Routledge

ISBN: 1134448376

Category: Law

Page: 222

View: 2679

The judgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case from which they derive. The first part of the volume sets out an analysis of the new judgment of the Court, favouring a "contextual" reading of what is the latest link in a judicial chain. The following three parts offer interdisciplinary accounts of the decision of the European Court of Justice, including legal theory, constitutional law, and international law. The book closes with an epilogue by Ernst-Ulrich Petersmann, who studies the role of the Kadi case in the methodology of international law and its contribution to the concept of global justice. The book brings together legal scholars from a range of fields, and discusses pressing topics such as the European Union’s objective of ‘the strict observance and the development of international law’, the EU as a site of global governance, constitutional pluralism and the protections of fundamental rights.
Posted in Law

The International Court of Justice

Author: Robert Kolb

Publisher: A&C Black

ISBN: 178225188X

Category: Law

Page: 1362

View: 2851

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

Deference in International Courts and Tribunals

Standard of Review and Margin of Appreciation

Author: Lukasz Gruszczynski,Wouter Werner

Publisher: Oxford University Press, USA

ISBN: 019871694X

Category: Law

Page: 424

View: 7935

International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.
Posted in Law