Compliance with Decisions of the International Court of Justice

Author: Constanze Schulte

Publisher: Oxford University Press on Demand


Category: Law

Page: 485

View: 2113

The book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgments and interim measures from the Court's creation in 1945 until the present day. The author examines the reasons for differences in the track records of judgments and provisional measures and explores mechanisms that could be conducive to enhanced compliance.

Provisional Measures in International Law

The International Court of Justice and the International Tribunal for the Law of the Sea

Author: Shabtai Rosenne

Publisher: Oxford University Press on Demand

ISBN: 9780199268061

Category: Law

Page: 241

View: 6730

Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the PermanentCourt of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest bydeciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventionsadopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure.Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principalorgan.

Manual on International Courts and Tribunals

Author: Ruth Mackenzie,Cesare P. R. Romano,Yuval Shany,Philippe Sands

Publisher: Oxford University Press, USA

ISBN: 0199545278

Category: Law

Page: 547

View: 3792

Previous ed. / edited by Philippe Sands. London : Butterworths, 1999

The International Court of Justice

Its Role in the Maintenance of International Peace and Security

Author: Oliver James Lissitzyn

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777028

Category: Law

Page: 118

View: 2596

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 Statute of the International Court of Justice

A Commentary

Author: Andreas Zimmermann,Karin Oellers-Frahm,Christian Tomuschat,Christian J. Tams

Publisher: OUP Oxford

ISBN: 0191632538

Category: Law

Page: 1808

View: 7803

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 Oxford Handbook of International Adjudication

Author: Cesare Romano,Karen Alter,Yuval Shany

Publisher: Oxford University Press

ISBN: 0199660689

Category: Law

Page: 975

View: 4881

This Oxford Handbook provides interdisciplinary perspectives on international adjudication, analysing the proliferation of international courts and tribunals from the perspective of both international law and political science. It presents the different theoretical approaches to these courts, their main functions, and the issues confronting them.

From Bilateralism to Community Interest

Essays in Honour of Judge Bruno Simma

Author: Ulrich Fastenrath,Bruno Simma

Publisher: Oxford University Press, USA

ISBN: 0199588813

Category: Law

Page: 1346

View: 1579

Bruno Simma, the dedicatee of the book, was born in Querschied (Saar) in 1941. After a distinguished career in international law and diplomacy, serving, among others, in the UN Committee on Economic, Social, and Cultural Rights as well as the International Law Committee, he was elected judge of the International Court of Justice, or World Court, in 2001.

Principles of International Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584773251

Category: Law

Page: 461

View: 9679

Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.

International Law in the U.S. Legal System

Author: Curtis Bradley

Publisher: OUP USA

ISBN: 0195328590

Category: Law

Page: 256

View: 5403

International Law in the U.S. Legal System decodes the often complicated ways that international law operates within the United States legal system and sheds light on unresolved issues and areas of controversy. The book covers all of the principal forms of international law including treaties, decisions and orders of international institutions, customary international law, jus cogens norms, and general principles. It also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, and extraterritoriality.

Eichmann in Jerusalem

Ein Bericht von der Banalität des Bösen

Author: Hannah Arendt

Publisher: Piper Verlag

ISBN: 3492962580

Category: Language Arts & Disciplines

Page: 448

View: 4947

Der ehemalige SS-Obersturmbannführer Adolf Eichmann gilt als einer der Hauptverantwortlichen für die »Endlösung« der Juden in Europa. Der Prozess gegen ihn fand 1961 in Jerusalem statt. Hannah Arendts Prozessbericht wurde von ihr 1964 als Buch publiziert und brachte eine Lawine ins Rollen: Es stieß bei seinem Erscheinen auf heftige Ablehnung in Israel, Deutschland und in den USA– und wurde zu einem Klassiker wie kaum ein anderes vergleichbares Werk zur Zeitgeschichte und ihrer Deutung.

Hague Yearbook of International Law 1996

Author: Hague

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041104625

Category: Law

Page: 242

View: 548

Academics and practitioners alike turn to the renowned "Hague Yearbook of International Law" for broad coverage of key topical matters in the field. This volume contains Congress papers and in-depth articles in English and French covering developments in private international law, international humanitarian law, and international environmental law. It also includes summaries of key aspects of decisions rendered by various international law institutions such as the International Court of Justice, the Permanent Court of Arbitration, and the Iran-United States Claims Tribunal. The total effect of the various papers contained within this single resource is coverage of a broad range of current, important topics in the field. The reporting on the decisions of numerous tribunals and on matters before them enables readers to keep abreast of developments from a variety of sources that have the potential to change or have changed the state of the law and its practice. Topics covered in this issue include: - approximation of national legislation in Central and Eastern Europe with that of the European Community; - the Russian experience of UNCITRAL and international commercial arbitration; - international and European environmental compliance; and - oil platforms cases.

The Procedural Status of the Individual before International and Supranational Tribunals

Author: W. Paul Gormley

Publisher: Springer Science & Business Media

ISBN: 9401195307

Category: Law

Page: 206

View: 3716

The most important sipgle factor in guaranteeing the effective pro tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.

Assessing the Effectiveness of International Courts

Author: Yuval Shany

Publisher: Oxford University Press

ISBN: 0199643296

Category: Law

Page: 322

View: 9635

During the last twenty years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.

Greening International Jurisprudence

Environmental NGOs before International Courts, Tribunals, and Compliance Committees

Author: Cathrin Zengerling

Publisher: Martinus Nijhoff Publishers

ISBN: 9004257314

Category: Law

Page: 404

View: 7735

Greening International Jurisprudence: Environmental NGOs before International Courts, Tribunals, and Compliance Committees examines how international judicial and quasi-judicial bodies enforce international environmental law, with particular consideration to the role of environmental NGOs. Author Cathrin Zengerling analyses the institutional structure as well as the environmental case law from a total of fourteen international courts, arbitral tribunals, and compliance committees with special focus on accessibility, comprehensiveness, and transparency. Underlying this analysis is the fundamental question of whether the respective body appropriately contributes to the realization of democratic governance for sustainable development. After presenting her core findings, the author provides concrete recommendations for future best practices and discusses the need for a new World Environment Court.

The Role of Courts in Transitional Justice

Voices from Latin America and Spain

Author: Jessica Almqvist,Carlos Esposito

Publisher: Routledge

ISBN: 1136579257

Category: Law

Page: 336

View: 2012

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.

The Function of Law in the International Community

Author: Hersch Lauterpacht

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584770902

Category: Law

Page: 469

View: 1002

Lauterpacht, H[ersch]. The Function of Law in the International Community. Oxford: Clarendon Press, 1933. xxvi, 470 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 00-022124. ISBN 1-58477-090-2. Cloth. $90. * Lauterpacht disputes the widely held viewpoint in the international community that international law has inherent limitations and is incapable of unification, and presents his treatise in a well-researched technical format. "While on the surface Dr. Lauterpacht's study is an analysis of the judicial process, it embraces practically the whole philosophy of international law. However, it is less the scope than the manner of handling the subject which makes this book one of the most outstanding contributions to the science of international law." Francis Deak, Columbia Law Review 34:797. Marke, A Catalogue of the Law Collection at New York University 637.