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Focusing on the strategic and practical aspects of handling a transnational case, this resource first discusses the essentials, e.g., finding the right lawyer for the job overseas and communicating with foreign clients and lawyers. It then addresses the strategic decisions and practice tools necessary to successfully initiate, defend, and conclude a transnational case.
The first in a series of Companions that offer broad coverage of a range of international courts and tribunals, The Elgar Companion to the International Court of Justice is a one-stop reference for those wishing to understand this highly significant an
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 This title is included in Bloomsbury Professional's International Arbitration online service.
In this incisive book, Robert Kolb sets out a short but nevertheless in-depth analysis of optional declarations for the jurisdiction of the International Court of Justice, and of the various reservations which restrict the jurisdiction. Concise and readable, the book examines the true scope of this jurisdiction once the numerous carve-outs of the reservations are subtracted.
Since the second edition of this commentary on the Charter of the United Nations was published, the text of the Charter may not have changed but the world has. The wars in Iraq and Afghanistan have had a lasting impact on international law and the Commentary has been fully updated to take their impact into account. The new edition has been completely revised and features a completely new chapter on UN reform, analyzing the effect of reforms which have already been implemented and examining why other proposals for reform have failed. It will assess how these proposals could be improved, with a particular focus on the Security Council. This new edition also includes coverage of the creation of the Human Rights Council and the impact of the Responsibility to Protect doctrine. This is the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice, and is an indispensable work of reference for all those interested in the UN.The Commentary will be crucial in providing new directions for the development of international law and the United Nations in the twenty-first century.
This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.
This edition differs from its predecessors in that, at the request of many French-speaking and other jurists, it is now completely bilingual, in the two official languages of the International Court of Justice under Article 39 of the Statute -- English and French. As before, this compilation aims to provide the practitioner in the Court, the diplomat, the politician and the student with a handy and complete collection of documents relating to the operation of the International Court of Justice, the principal judicial organ of the United Nations. In order to increase the usefulness of this compilation, the unofficial translations of the Rules of Court of 1978 into Arabic, Chinese, Russian and Spanish -- the official languages of the United Nations -- have been included.