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The Advisory Function Of The International Court Of Justice 1946 2005

Author: Mahasen Mohammad Aljaghoub
Publisher: Springer Science & Business Media
ISBN: 3540357343
Size: 77.43 MB
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The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court’s contribution as one of the UN’s principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.

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
Size: 18.72 MB
Format: PDF
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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.

The Statute Of The International Court Of Justice

Author: Andreas Zimmermann
Publisher: Oxford University Press
ISBN: 0199692998
Size: 67.63 MB
Format: PDF, ePub, Docs
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The International Court of Justice is the principal judicial organ of the United Nations. The composition of the ICJ, its jurisdiction, and procedure are based on the Statute of the International Court of Justice. This updated Commentary analyses the provisions of the Statute and the case law of the ICJ to guide its interpretation.

The Law And Practice Of The United Nations

Author: Benedetto Conforti
Publisher: BRILL
ISBN: 9004318534
Size: 67.21 MB
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The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present.

Negotiations In The Case Law Of The International Court Of Justice

Author: Karel Wellens
Publisher: Routledge
ISBN: 1317089138
Size: 10.47 MB
Format: PDF, Kindle
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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.

Increasing The Effectiveness Of The International Court Of Justice

Author: Connie Peck
Publisher: Martinus Nijhoff Publishers
ISBN: 9041103066
Size: 20.31 MB
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In April 1996 the ICJ/UNITAR "Colloquium on Increasing the Effectiveness of the Court" brought together from all corners of the world judges, legal advisers, practitioners of international law and jurists. It provided an unprecedented opportunity for an in-depth and detailed exchange of views not only on the Court's performance to date, but also on its future role, as well as on possible ways and means of enhancing its operation. There were some fifteen panels, covering subjects ranging from the Court's jurisprudence to its working methods, from assessment of its achievements to evaluation of its ability to handle issues arising from space exploration and the growing concern for the environment. All in all, it was a most comprehensive approach to the subject. This publication, which presents the papers delivered at the Colloquium and the discussions which took place around them, accordingly constitutes instructive reading for all who are concerned with the management and peaceful resolution of disputes. I hope for its widest possible dissemination.' "From the Foreword by Kofi A. Annan, Secretary-General of the United Nations,"

The Humanitarian Face Of The International Court Of Justice

Author: Gentian Zyberi
Publisher: Intersentia Uitgevers N V
ISBN: 9789050957922
Size: 24.57 MB
Format: PDF, ePub
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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

The World Court Reference Guide

Author: Bimal N. Patel
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041119070
Size: 15.66 MB
Format: PDF, Mobi
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Offers an overview of the procedures of the World Court, including statements of initial claims, counter-claims, summaries of all orders, texts of operative and final paragraphs of all judicial decisions, and opinions of members.

International Law And The Proliferation Of Weapons Of Mass Destruction

Author: Daniel Joyner
Publisher: Oxford University Press, USA
ISBN:
Size: 12.12 MB
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Proliferation of WMD technologies is by no means a new concern for the international community. Indeed, since the signing of the Nuclear Non-proliferation Treaty in 1968, tremendous energies have been expended upon diplomatic efforts to create a web of treaties and international organizations regulating the production and stockpiling of WMD sensitive materials within states, as well as their spread through the increasingly globalized channels of international trade to other states and non-state actors. However, the intervention in 2003 by Western powers in Iraq has served as an illustration of the importance of greater understanding of and attention to this area of law, as disagreements over its content and application have once again lead to a potentially destabilizing armed intervention by members of the United Nations into the sovereign territory of another member state. Other ongoing disputes between states regarding the character of obligations work assumed under non-proliferation treaty instruments, and the effect of international organizations' decisions in this area, form some of the most contentious and potentially destabilizing issues of foreign policy concern for many states. This book provides a comprehensive analysis of international law and organizations in the area of WMD proliferation. It will serve both as a reference for understanding the law as it currently exists in its political and economic context, as well as an analysis of areas in which amendments to existing law and organizations are needed.