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: 3891

"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

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: 3026

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 International Court of Justice

Author: Robert Kolb

Publisher: A&C Black

ISBN: 178225188X

Category: Law

Page: 1362

View: 4963

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

Evidence Before the International Court of Justice

Author: Anna Riddell,Brendan Plant

Publisher: British Inst of International & Comparative

ISBN: N.A

Category: Law

Page: 420

View: 9335

Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
Posted in Law

Local Remedies in International Law

Author: Chittharanjan Felix Amerasinghe

Publisher: Cambridge University Press

ISBN: 9781139450157

Category: Political Science

Page: N.A

View: 1518

In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Posted in Political Science

Allgemeine Erklärung der Menschenrechte

Author: Vereinte Nationen

Publisher: Aegitas

ISBN: 500064137X

Category: Law

Page: 8

View: 4593

Die Allgemeine Erklärung der Menschenrechte (A/RES/217, UN-Doc. 217/A-(III)), auch: Deklaration der Menschenrechte oder UN-Menschenrechtscharta oder kurz AEMR, ist das ausdrückliche Bekenntnis der Vereinten Nationen zu den allgemeinen Grundsätzen der Menschenrechte. Es wurde am 10. Dezember 1948 von der Generalversammlung der Vereinten Nationen im Palais de Chaillot in Paris genehmigt und verkündet.
Posted in Law

Unity and Pluralism in Public International Law

Author: Oriol Casanovas y La Rosa

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116642

Category: Law

Page: 272

View: 1438

The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.
Posted in Law

Un Law, Fundamental Rights

Two Topics in International Law

Author: Antonio Cassese

Publisher: Martinus Nijhoff Publishers

ISBN: 9789028608283

Category: Law

Page: 258

View: 9682

In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law . One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of & respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission & the Non-Aligned Movement to human rights & space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement & supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).
Posted in Law

Lücken im Völkerrecht

zu Rechtscharakter, Quellen, Systemzusammenhang, Methodenlehre und Funktionen des Völkerrechts

Author: Ulrich Fastenrath

Publisher: N.A

ISBN: 9783428069224

Category: International law

Page: 339

View: 8672

Posted in International law

The Sources of International Law

Author: Hugh Thirlway

Publisher: Oxford University Press

ISBN: 0199685401

Category: Law

Page: 239

View: 3654

The question of what is, and what is not, part of international law is fundamental in shaping its current form and its development. Traditionally, treaties between states and state practice were seen as the primary means with which to create international law. However, the definition of what the sources of international law are, and how they operate, has been questioned in significant ways. Particularly this has been seen in the more recent developments in the notion of customary international law, which stands alongside international treaties and instruments as a key foundation upon which international law is built. This book provides a key inquiry into all the recognised, or asserted, sources of international law. It investigates the impact of ethical principles on the creation of international law; whether 'soft law' norms come into being through the same sources as binding international law; and whether jus cogens norms, and those involving rights and obligations erga omnes have a unique place in the creation of international legal norms. It studies the notion of 'general principles of international law' within international law's sub-disciplines, and the evolving relationship between treaty-based law and customary international law. Re-examining the traditional model, it investigates the increasing role of international jurisprudence, and looks at the nature of international organisations and non-state actors as potential new sources of international law. The book provides a perfect introduction to the law of sources, as well as innovative perspectives on new developments, making it essential reading for anyone studying or working in international law.
Posted in Law

The Law and Practice of the International Court, 1920-2005 (4 vols)

Author: Shabtai Rosenne

Publisher: BRILL

ISBN: 904740579X

Category: Law

Page: 2048

View: 4779

Professor Rosenne's books on the law and practice of the Court have not only grown in size and number of volumes, but also in authority. They can be found on the desks of judges, counsel, scholars and university students alike and for all of them they are the indispensable guide to the Court's jurisprudence.
Posted in Law

Judicial Independence in Transition

Author: Anja Seibert-Fohr

Publisher: Springer Science & Business Media

ISBN: 3642282997

Category: Law

Page: 1378

View: 9571

Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.
Posted in Law

On the Interpretation of Treaties

The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties

Author: Ulf Linderfalk

Publisher: Springer Science & Business Media

ISBN: 1402063628

Category: Law

Page: 414

View: 1780

This is the first comprehensive account of the modern international law of treaty interpretation expressed in 1969 Vienna Convention, Articles 31-33. As stated by the anonymous referee, it is the most theoretically advanced and analytically refined work yet accomplished on this topic. The style of writing is clear and concise, and the organisation of the book meets the demands of scholars and practitioners alike.
Posted in Law

Institutional Supports for the International Rule of Law

Author: Charles Sampford,Ramesh Thakur

Publisher: Routledge

ISBN: 1317637542

Category: Political Science

Page: 182

View: 2490

The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.
Posted in Political Science

The Law And Practice Of The International Court, 1920-2005

Author: Shabtai Rosenne,Yaël Ronen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004139583

Category: Law

Page: 1

View: 9623

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.
Posted in Law

The United Nations Security Council in the Age of Human Rights

Author: Jared Genser,Bruno Stagno Ugarte

Publisher: Cambridge University Press

ISBN: 1139916653

Category: Law

Page: N.A

View: 2419

This is the first comprehensive look at the human rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. Known popularly for its failure to prevent mass atrocities in Rwanda, the former Yugoslavia, and Syria, the breadth and depth of the Security Council's work on human rights in recent decades is much broader. This book examines questions including: how is the Security Council dealing with human rights concerns? What does it see as the place of human rights in conflict prevention, peacemaking and peacekeeping? And how does it address the quest for justice in the face of gross violations of human rights? Written by leading practitioners, scholars and experts, this book provides a broad perspective that describes, explains and evaluates the contribution of the Security Council to the promotion of human rights and how it might more effectively achieve its goals.
Posted in Law

International Rule of Law and Professional Ethics

Author: Vesselin Popovski

Publisher: Routledge

ISBN: 1317113713

Category: Law

Page: 232

View: 5548

This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.
Posted in Law

Economic Conflicts and Disputes Before the World Court

(1922 - 1995) ; a Functional Analysis

Author: K. C. Wellens

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041101952

Category: Political Science

Page: 318

View: 1262

Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an 'economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years. The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed. This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.
Posted in Political Science