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This Liber Amicorum has been written by prominent colleagues and friends of Professor of Public International Law and former President of the International Court of Justice, José María Ruda (1924-1994). The collection celebrates a lifelong career devoted to the promotion of public international law and dedicated to the furtherance of international organisations including the United Nations General Assembly, the Security Council, the International Law Commission, and the International Labour Organization. In addition Professor Ruda has played a prominent role in a number of international tribunals while also occupying important government and public positions, particularly in South America. The content of the collection reflects these broad activities of Professor Ruda, both in his academic and practical achievements. Contributions in English, Spanish and French cover the fields of international law, humanitarian law and human rights; international disputes, territorial sovereignty and maritime law; and the law of economic integration.
This Liber Amicorum has been written by prominent colleagues and friends of Professor of Public International Law and former President of the International Court of Justice, José María Ruda (1924-1994). The collection celebrates a lifelong career devoted to the promotion of public international law and dedicated to the furtherance of international organisations including the United Nations General Assembly, the Security Council, the International Law Commission, and the International Labour Organization. In addition Professor Ruda has played a prominent role in a number of international tribunals while also occupying important government and public positions, particularly in South America. The content of the collection reflects these broad activities of Professor Ruda, both in his academic and practical achievements. Contributions in English, Spanish and French cover the fields of international law, humanitarian law and human rights; international disputes, territorial sovereignty and maritime law; and the law of economic integration.
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.
This first volume of EtYIL focuses on issues concerning the developing world in general and (the Horn of) Africa – and Ethiopia – specifically. It argues that rebalancing the international law narrative to reflect Africa’s legitimate interests is an urgent priority, and can only succeed through the fair representation of African countries in the creation and interpretation of international law.The book begins by reflecting on the ICJ’s West African Cases and provides a unique perspective on decolonisation as a source of jus cogens and obligations erga omnes. This is followed by a comprehensive analysis of the reception of international law in the Ethiopian legal system, and of the potential implications of Ethiopia joining the WTO. The book then delves into such topical issues as the relationship between competition for natural resources and international investment law, the UN Global Goals and the fledgling international climate change regime, with particular emphasis on the Paris Climate Agreement and their implications for developing countries. Further issues include the Declaration of Principles on the Grand Ethiopian Renaissance Dam signed by Ethiopia, Sudan and Egypt in light of Nile colonial treaties and contemporary international watercourses law, as well as selected legal implications of the armed conflict in South Sudan. Gathering high-quality scholarship from diverse researchers, and examining a constellation of critical international law issues affecting developing countries, especially African countries, the book offers a unique resource.
Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law.
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.
General obligations -- Civil and political rights -- Economic, social, and political rights -- Suspension of guarantees, interpretaion, and application -- Personal responsibilities -- Inter-American Commission on human rights responsibilities -- Inter-American Court of Human rights -- Common provisions -- Signature, ratification, reservations, amendments, protocols, and denunciation -- Transitory provisions.
This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ 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 third 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. Six years after the publication of the second edition, the third 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 looks forward to those it 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 two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.