Litigation at the International Court of Justice

Practice and Procedure

Author: Juan José Quintana

Publisher: BRILL

ISBN: 9004297510

Category: Law

Page: 1364

View: 6066

Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation.
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The International Court of Justice

Its Future Role After Fifty Years

Author: A. Sam Muller,Sam Muller,David Raič,J. M. Thuránszky

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041103253

Category: Law

Page: 433

View: 7986

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.
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The International Court of Justice at a crossroads

Author: Lori Lori Fisler Damrosch,American Society of International Law

Publisher: Transnational Pub Incorporated

ISBN: 9780941320467

Category: Law

Page: 511

View: 9515

Published under the auspices of the American Society of International Law. Winner of the Certificate of Merit by the American Society of International Law in 1988 This major study of the International Court of Justice was the first comprehensive analysis of the issues confronting governments in reexamining the scope of their consent to the Court's jurisdiction. Topics include the suitability of various kinds of disputes for resolution by the Court; problems of non-appearance, non-participation, & non-performance; provisional measures; & more.
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Evidence Before the International Court of Justice

Author: Anna Riddell,Brendan Plant

Publisher: British Inst of International & Comparative

ISBN: N.A

Category: Law

Page: 420

View: 2231

Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
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The Role and Record of the International Court of Justice

Author: Nagendra Singh

Publisher: Martinus Nijhoff Publishers

ISBN: 9780792302919

Category: Political Science

Page: 443

View: 7068

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.
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Towards a Better Regional Approach to Development in West Africa Conclusions of the Special Event of Sahel and West Africa Club, May 2002

Conclusions of the Special Event of Sahel and West Africa Club, May 2002

Author: OECD,Sahel and West Africa Club

Publisher: OECD Publishing

ISBN: 9264176276

Category:

Page: 148

View: 9458

This book presents the conclusions of a meeting of the Sahel and West Africa Club in Accra, Ghana, in May 2002 on the following topic : “Towards a Better Regional Approach to Development in West Africa”.
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Counterclaims before the International Court of Justice

Author: Constantine Antonopoulos

Publisher: Springer Science & Business Media

ISBN: 9789067047906

Category: Law

Page: 177

View: 5667

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.
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Verteidigung

Roman

Author: John Grisham

Publisher: Heyne Verlag

ISBN: 3641110300

Category: Fiction

Page: 480

View: 2734

"Überzeugend und mit bissigem Witz. Das ist Unterhaltung auf höchstem Niveau." The Sunday Times Als Harvard-Absolvent David Zinc Partner bei einer der angesehensten Großkanzleien Chicagos wird, scheint seiner Karriere nichts mehr im Weg zu stehen. Doch der Job erweist sich als die Hölle. Fünf Jahre später zieht David die Reißleine und kündigt. Stattdessen heuert er bei Finley & Figg an, einer auf Verkehrsunfälle spezialisierten Vorstadt-Kanzlei, deren chaotische Partner zunächst nicht wissen, was sie mit ihm anfangen sollen. Bis die Kanzlei ihren ersten großen Fall an Land zieht. Der Prozess könnte Millionen einspielen – die Feuertaufe für David. Als Anwalt bei Rogan Rothberg, einer der renommiertesten Kanzleien im Großraum Chicagos, hat man ausgesorgt. Jeder Jurist würde seine rechte Hand für diesen Job geben. David Zinc ist seit fünf Jahren dabei. Fünf harte Jahre, in denen er sechs Tage die Woche von morgens sieben bis abends zehn arbeitet. Dann schmeißt er hin und bewirbt sich bei Finley & Figg, einem windigen Zweimannbetrieb, der seine Fixkosten mit Verkehrsunfällen und ähnlichen Kleinstdelikten deckt. Doch was Davids neuen Arbeitgebern an Prestige fehlt, machen sie an Einfallsreichtum wett. Kaum ein Winkelzug, den sie nicht geschickt für sich verwenden, kaum ein Paragraph, den sie nicht auszuschlachten wüssten. David kommt aus dem Staunen nicht heraus, bis Wally Figg einen Fall aufspürt, der die große Wende für die kleine Kanzlei bedeuten könnte: die Klage gegen einen Pharmakonzern, der ein Medikament trotz möglicherweise tödlicher Nebenwirkungen nicht vom Markt nehmen will. Die Partner versprechen ihren Klienten das große Geld, und auch David lässt sich von der Begeisterung anstecken, bis er erkennt, dass Finley & Figg jede Kompetenz für einen Prozess dieser Größenordnung fehlt.
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The Rules, Practice, and Jurisprudence of International Courts and Tribunals

Author: Chiara Giorgetti

Publisher: Martinus Nijhoff Publishers

ISBN: 9004194827

Category: Law

Page: 611

View: 1558

This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
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The Law of Consular Access

A Documentary Guide

Author: John Quigley,William J. Aceves,Adele Shank

Publisher: Routledge

ISBN: 1135238723

Category: Law

Page: 328

View: 6548

Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation. This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. The Law of Consular Access will be of interest to scholars of international law, human rights, and international relations. It will also be of interest to private and government lawyers, as well as diplomats and consuls.
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Annotated Leading Cases of International Criminal Tribunals

The International Criminal Tribunal for the former Yugoslavia 1997-1999

Author: André Klip

Publisher: Intersentia nv

ISBN: 9050951414

Category: Social Science

Page: 884

View: 3390

This 3rd volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for the former Yugoslavia in 1997-1999. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 3)
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Order for the Oceans at the Turn of the Century

Author: Davor Vidas,Willy Østreng,Fridtjof Nansen-stiftelsen på Polhøgda

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111722

Category: Law

Page: 577

View: 9911

This book is a state-of-the-art report on ocean law and politics today, written by 40 contributors from six continents. At this important early stage of implementation of the Law of the Sea Convention, this book assesses where we have been going in the past decade and charts the way ahead. Implementation of the Convention - from the perspective of interaction of politics and law - is the unifying theme of the book. Under this, three basic aspects have emerged as crucial during the 1990s: (1) evolution of new regimes; (2) institutionalisation; and (3) new patterns of participation. These are explored systematically in sections on: the Convention, its implementing agreements and related international institutions (Parts I and II); interaction of law of the sea with other regimes, including those for polar regions (Parts III and IV); the various levels (international, national and transnational) and actors involved in the implementation of the Convention (Part V); and a number of salient issues in implementation today (Part VI).
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Jurisdiction in International Litigation

Author: Mary Keyes

Publisher: Federation Press

ISBN: 9781862875678

Category: Law

Page: 305

View: 6783

Transport and communications technologies have made international disputes common, and a frequent practical issue is which country or countries have jurisdiction to resolve the dispute. Existing literature on private international law tends to emphasize choice of law rather than jurisdiction. Cases tend to show that the practical significance of Jurisdiction has yet to be appreciated. This groundbreaking book fills in these gaps and offers a critical analysis of the principles and the theoretical foundations applied to resolve private international jurisdictional disputes and of the manner in which those principles are applied in practice by: Describing the context in which international jurisdiction disputes are determined Explaining and critically analysing the principles of jurisdiction Explaining and critically analysing the manner in which the principles are applied Identifying the interests which motivate principles and the courts’ application of the principles Recommending reforms to the principles by demonstrating that the existing principles of jurisdiction are flawed, and ought to be reformed by taking into account the law’s objectives, defined by relevance to state and private interests.
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The Law And Practice Of The International Court, 1920-2005

Author: Shabtai Rosenne,Yaël Ronen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004139583

Category: Law

Page: 1

View: 5034

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.
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