Nicaragua Before the International Court of Justice

Impacts on International Law

Author: Edgardo Sobenes Obregon,Benjamin Samson

Publisher: Springer

ISBN: 331962962X

Category: Law

Page: 435

View: 9448

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
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Evidence Before the International Court of Justice

Author: Anna Riddell,Brendan Plant

Publisher: British Institute for International & Comparative Law

ISBN: 9781905221639

Category: Law

Page: 448

View: 1919

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 incre
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Latin America and the International Court of Justice

Contributions to International Law

Author: Paula Wojcikiewicz Almeida,Jean-Marc Sorel

Publisher: Routledge

ISBN: 1317511352

Category: Law

Page: 348

View: 5897

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.
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Hague yearbook of international law

Author: Hague Academy of International Law. Association of Attenders and Alumni

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024737499

Category: Law

Page: 471

View: 1852

This is the twelfth volume of the "Hague Yearbook of International Law, which succeeds the "Yearbook of the Association of Attenders and Alumni of The Hague Academy of International Law." The title "Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law.
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The South China Sea Arbitration

A Chinese Perspective

Author: Stefan Talmon,Bing Bing Jia

Publisher: Bloomsbury Publishing

ISBN: 1782253750

Category: Law

Page: 274

View: 730

On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea (South China Sea Arbitration). On 19 February 2013, the PRC formally expressed its opposition to the institution of proceedings, making it clear from the outset that it will not have any part in these arbitral proceedings and that this position will not change. It is thus to be expected that over the next year and a half, the Tribunal will receive written memorials and hear oral submissions from the Philippines only. The Chinese position will go unheard. However, the Tribunal is under an obligation, before making its award, to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well founded in fact and law (UNCLOS Annex VII, Article 9).This book aims to offer a (not the) Chinese perspective on some of the issues to be decided by the Tribunal and thus to assist the Tribunal in meeting its obligations under the Convention. The book does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief advancing possible legal arguments on behalf of the absent respondent. The book does not deal with the merits of the disputes between the Philippines and the PRC, but focuses on the questions of jurisdiction, admissibility and other objections which the tribunal will have to decide as a preliminary matter. The book will show that there are insurmountable preliminary objections to the Tribunal deciding the case on the merits and that the Tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement.The book brings together scholars of public international law from mainland China, Taiwan and Europe united by a common interest in the law of the sea and disputes in the South China Sea.
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Negotiations in the Case Law of the International Court of Justice

A Functional Analysis

Author: Professor Karel Wellens

Publisher: Ashgate Publishing, Ltd.

ISBN: 147240369X

Category: Law

Page: 358

View: 4672

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.
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Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea

Liber Amicorum Judge Hugo Caminos

Author: Lilian del Castillo

Publisher: Hotei Publishing

ISBN: 9004283781

Category: Law

Page: 800

View: 7394

Law of the Sea, From Grotius to the International Tribunal for the Law of the Sea: Liber Amicorum Judge Hugo Caminos honors the accomplished career path of a distinguished scholar, professor, diplomat and judge in the global field of the Law of the Sea.
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The Jaguar Smile

A Nicaraguan Journey

Author: Salman Rushdie

Publisher: Random House

ISBN: 0307786668

Category: Travel

Page: 160

View: 4827

“I did not go to Nicaragua intending to write a book, or, indeed, to write at all: but my encounter with the place affected me so deeply that in the end I had no choice.” So notes Salman Rushdie in his first work of nonfiction, a book as imaginative and meaningful as his acclaimed novels. In The Jaguar Smile, Rushdie paints a brilliantly sharp and haunting portrait of the people, the politics, the terrain, and the poetry of “a country in which the ancient, opposing forces of creation and destruction were in violent collision.” Recounting his travels there in 1986, in the midst of America’s behind-the-scenes war against the Sandinistas, Rushdie reveals a nation resounding to the clashes between government and individuals, history and morality.
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Ethics, Liberalism and Realism in International Relations

Author: Mark D. Gismondi

Publisher: Routledge

ISBN: 1135980993

Category: Political Science

Page: 288

View: 4604

This book explores the complex issue of international ethics in the two dominant schools of thought in international relations; Liberalism and Realism. Both theories suffer from an inability to integrate the ethical and pragmatic dimensions of foreign policy. Liberal policy makers often suffer from moral blindness and a tendency toward coercion in the international arena, whilst realists tend to be epistemic sceptics, incorporating Nietzsche’s thought, directly or indirectly, into their theories. Mark Gismondi seeks to resolve the issues in these two approaches by adopting a covenant based approach, as described by Daniel Elazar’s work on the covenant tradition in politics, to international relations theory. The covenant approach has three essential principles: policy makers must have a sense of realism about the existence of evil and its political consequences power must be shared and limited liberty requires a basis in shared values. Ethics, Realism and Liberalism in International Relations will be of interest to students and researchers of politics, philosophy, ethics and international relations.
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Law at the Vanishing Point

A Philosophical Analysis of International Law

Author: Professor Aaron Fichtelberg

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496279

Category: Law

Page: 244

View: 2181

Two central questions are at the core of international legal theory: 'What is international law?', and 'Is international law really law?' This volume examines these critical questions and the philosophical foundations of modern international law using the tools of Anglo-American legal theory and western political thought. Engaging with both contemporary and historical legal theory and with an analysis of international law in action, the book builds an understanding and theory of law from the perspective of those who actually use this legal system and understand it, rather than constructing an artificial system from the standpoint of political scientists and moral philosophers. Law at the Vanishing Point provides a fascinating new challenge to those who reduce international law either to ethics or to politics and provides a critical new appraisal of its power as an independent force in human social relations.
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Fifty Years of the International Court of Justice

Essays in Honour of Sir Robert Jennings

Author: Vaughan Lowe,Malgosia Fitzmaurice

Publisher: Cambridge University Press

ISBN: 9780521048804

Category: Law

Page: 640

View: 3474

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 UN's political organs. The thirty-three chapters are presented under five headings: the Court; the sources and evidences of international law; substance of international law; procedural aspects of the Court's work; the Court and the UN. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.
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Affaire Des Activités Militaires Et Paramilitaires Au Nicaragua Et Contre Celui-ci

Nicaragua C. États-Unis D'Amérique

Author: International Court of Justice

Publisher: United Nations Publications

ISBN: 9789210708265

Category: Intervention (International law)

Page: 5

View: 8762

One of the main purposes of the United Nations is to bring about, by peaceful means, adjustment or settlement of international disputes. This is accomplished through the International Court of Justice, a principal organ of the United Nations. A full list of ICJ publications can be obtained by contacting your nearest UN Publications Sales Office.
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Presidential Policies on Terrorism

From Ronald Reagan to Barack Obama

Author: D. Starr-Deelen

Publisher: Springer

ISBN: 1137380365

Category: Political Science

Page: 275

View: 1573

The book analyzes how the administrations of Ronald Reagan, George H.W. Bush, Bill Clinton, and George W. Bush used force in response to incidents of international terrorism - providing comparison between each of the administrations as they grappled with the evolving nature and role of terrorism in the United States and abroad.
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Domestic Law Goes Global

Legal Traditions and International Courts

Author: Sara McLaughlin Mitchell,Emilia Justyna Powell

Publisher: Cambridge University Press

ISBN: 1139501194

Category: Political Science

Page: N.A

View: 2585

International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.
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Litigation at the International Court of Justice

Practice and Procedure

Author: Juan José Quintana

Publisher: BRILL

ISBN: 9004297510

Category: Law

Page: 1364

View: 1659

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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Before the Central American Court of Justice

The Republic of El Salvador Against the Republic of Nicaragua. Complaint of the the Republic of El Salvador with Appendices, 1916. Translation

Author: El Salvador

Publisher: N.A

ISBN: N.A

Category: El Salvador

Page: 85

View: 1900

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Canada And The World

Agenda For The Last Decade Of The Millennium

Author: Anatol Rapoport,Anthony Rapoport

Publisher: Dundurn

ISBN: 1459727568

Category: Political Science

Page: 133

View: 3713

Studies of and analysis of public issues discussed at annual Science for Peace conferences, and some of the discussions have been edited and published.
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The International Court of Justice and Self-Defence in International Law

Author: James Green

Publisher: Bloomsbury Publishing

ISBN: 1847315208

Category: Law

Page: 246

View: 9325

The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue. Winner of the American Society of International Law's Lieber Society Book Prize 2009 Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence. Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, London James Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack." Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham University Winner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.
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