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: 9185

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: 1080

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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Hague yearbook of international law

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

Publisher: Martinus Nijhoff Publishers

ISBN: 9789024737499

Category: International law

Page: N.A

View: 5095

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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: 6131

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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Ethics, Liberalism and Realism in International Relations

Author: Mark D. Gismondi

Publisher: Routledge

ISBN: 1135980993

Category: Political Science

Page: 288

View: 4761

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 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: 8889

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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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: 1874

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: 2117

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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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: 7308

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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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: 2299

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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Warfare Welfare

The Not-So-Hidden Costs of America's Permanent War Economy

Author: N.A

Publisher: Potomac Books, Inc.

ISBN: 1597975702

Category: Business & Economics

Page: 288

View: 3521

This edited volume reveals how a permanent war economy has made the United States unable to spread democracy abroad and has worsened domestic problems. The editors draw from classical readings in political theory, from primary documents (including key court decisions), and from social science research to analyze such issues as the effect of militarization and combativeness on the everyday lives of Americans. The editors also address the dire connection among banking losses, the housing recession, the welfare/national security state, and the challenge of rebuilding AmericaÆs infrastructure.
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Yearbook of the International Court of Justice 1999-2000

Author: United Nations

Publisher: United Nations Publications

ISBN: 9789211700770

Category: Law

Page: 344

View: 7754

The International Court of Justice is the principal judicial organ of the United Nations, and is based at The Hague. This is the 54th in the series of yearbooks which provides general information concerning its organisation, jurisdiction, activities and administration for the period from 1 August 1999 to 31 July 2000. The yearbook is prepared by the Registry and does not involve the responsibility of the Court.
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Cyber War

Law and Ethics for Virtual Conflicts

Author: Jens David Ohlin,Kevin Govern,Claire Finkelstein

Publisher: OUP Oxford

ISBN: 0191027014

Category: Law

Page: 360

View: 4141

Cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. This book, written by an unrivalled set of experts, assists in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare, and second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, or whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of jus in bello to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a 'proximate cause'. Finally, it analyses the specific operational realities implicated by particular regulatory regimes. This book is unmissable reading for anyone interested in the impact of cyber warfare on international law and the laws of war.
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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: 4743

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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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: 6301

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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The International Court of Justice

Author: Robert Kolb

Publisher: A&C Black

ISBN: 178225188X

Category: Law

Page: 1362

View: 4554

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
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