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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 political organs of the United Nations. The thirty-three chapters are presented under five headings: the Court; the sources and evidence of international law; substance of international law; procedural aspects of the Court's work; the Court and the United Nations. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.
This is the third volume in the series by the "Leiden Journal of" "International Law" dealing with the Decade of International Law and International Dispute Settlement. In this book, the 50th anniversary of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as "roles "played by the Court. First and foremost, its role as a mechanism for the settlement of disputes is examined. The analysis goes beyond the traditional frontiers of disputes between states and also explores the possibilities of granting international organizations and individuals access to the Court. The second role that is looked into is its supervisory role, or, in other words, its possible role as supreme court in international law. Thirdly, the Court in its advisory function is examined. The last role that is focused upon is the Court in its role as developer of rules of international law. The book ends with a conclusion from both a legal and a political perspective.
Critical review of the work and significance of the International Court of Justice over fifty years.
Critical review of the work and significance of the International Court of Justice over fifty years.
Providing an unparalleled examination of the work of the International Court of Justice, this collection contains the author's articles written for the British Yearbook of International Law between 1989-2011. The author, a former Principal Legal Secretary to the Court, offers unique insights into its role at the centre stage of international law.
This book is a collection of articles, primarily on the law of the sea, by Judge Shigeru Oda, who has served three successive terms of office on the Bench of the International Court of Justice, for an unprecedented 27-year tenure as Judge. A pioneer in the field of the law of the sea in the early post-war period, Judge Oda has maintained an interest in his chosen field and this collection of his works, produced over a period beginning in 1955 and spanning nearly half a century, sheds light on the rapid development of the law of the sea during this period. Those interested in understanding the law of the sea as it now stands must also understand the process by which the law has evolved since the 1950s. This book also contains a special section of Judge Oda's writings on the International Court of Justice. These chapters are aimed at elucidating the procedure of the Court.
This book provides a complete overview into the work of the International Court of Justice in the last twenty years. Since 1989, the author, a former Principal Legal Secretary to the International Court of Justice, contributed frequent articles on this subject to the 'British Yearbook of International Law' continuing the work begun by Sir Gerald Fitzmaurice in 1950. This work brings together these articles in one place for the first time, with extensive cross-references, and a thorough index and tables.
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
Courts have emerged as a crucial battleground in efforts to regulate climate change. Over the past several years, tribunals at every level of government around the world have seen claims regarding greenhouse gas emissions and impacts. These cases rely on diverse legal theories, but all focus on government regulation of climate change or the actions of major corporate emitters. This book explores climate actions in state and national courts, as well as international tribunals, in order to explain their regulatory significance. It demonstrates the role that these cases play in broader debates over climate policy and argues that they serve as an important force in pressuring governments and emitters to address this crucial problem. As law firms and public interest organizations increasingly develop climate practice areas, the book serves as a crucial resource for practitioners, policymakers and academics.
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.