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The Role And Record Of The International Court Of Justice

Author: Nagendra Singh
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792302919
Size: 32.17 MB
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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.

The International Court Of Justice

Author: Oliver James Lissitzyn
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777028
Size: 66.20 MB
Format: PDF, Kindle
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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.

The International Court Of Justice

Author: International Court of Justice
Publisher: United Nations Publications
ISBN: 9789211008227
Size: 14.69 MB
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The International Court of Justice plays an important role in the settlement of legal disputes between states and contributes to the development of international law. This booklet answers some frequently asked questions about its functions and its case-law. It explains how members are elected to the Court, the sources of the law applied, who may submit cases and who might request advisory opinions.

The Statute Of The International Court Of Justice

Author: Andreas Zimmermann
Publisher: OUP Oxford
ISBN: 0191632546
Size: 13.84 MB
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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.

The Development Of Human Rights Law By The Judges Of The International Court Of Justice

Author: Shiv Bedi
Publisher: Bloomsbury Publishing
ISBN: 1847313434
Size: 28.94 MB
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The jurisprudence of the International Court of Justice 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 the 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 analysed in light of the principle of human dignity and the doctrine of human rights.

Nicaragua Before The International Court Of Justice

Author: Edgardo Sobenes Obregon
Publisher: Springer
ISBN: 331962962X
Size: 52.39 MB
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This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.

Judge Shigeru Oda And The Progressive Development Of International Law

Author: Shigeru Oda
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792322573
Size: 75.45 MB
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The present volume inaugurates a new series, "The Judges," which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the Judicial Opinions of Shigeru Oda, currently Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years. The study includes a "resume "and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.