The Statute of the International Court of Justice

The Statute of the International Court of Justice
Author: Andreas Zimmermann
Publisher: OUP Oxford
Total Pages: 1798
Release: 2012-10-11
Genre: Law
ISBN: 0191632538

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.

Charter of the United Nations and Statute of the International Court of Justice

Charter of the United Nations and Statute of the International Court of Justice
Author: United Nations
Publisher: UN
Total Pages: 112
Release: 2015-08-30
Genre: Political Science
ISBN: 9789210016513

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

The International Court of Justice

The International Court of Justice
Author: H. W. A. Thirlway
Publisher: Oxford University Press
Total Pages: 241
Release: 2016
Genre: Law
ISBN: 0198779070

An easily accessible and comprehensive study of the International Court of Justice, this book succinctly explains all aspects of the world's most important court, including an overview of its composition and operation, jurisdiction, procedure, and the nature and impact of its judgments.

The International Court of Justice

The International Court of Justice
Author: Serena Forlati
Publisher: Springer
Total Pages: 239
Release: 2014-06-23
Genre: Law
ISBN: 3319061798

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

Litigation at the International Court of Justice

Litigation at the International Court of Justice
Author: Juan José Quintana
Publisher: BRILL
Total Pages: 1364
Release: 2015-05-19
Genre: Law
ISBN: 9004297510

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. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice

Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice
Author: Stanimir A. Alexandrov
Publisher: Martinus Nijhoff Publishers
Total Pages: 194
Release: 1995-03-23
Genre: Political Science
ISBN: 9780792331452

This study examines the reservations to the acceptance of compulsory jurisdiction included in declarations made by States under Article 36(2) of the Statute of the Permanent Court of International Justice and of the Statute of the International Court of Justice and discusses the practical application by the Court of the principle of reciprocity to such reservations in contentious cases submitted to it under Article 36(2). It has been considered that, due to acceptance conditioned by so many, diverse, and complicated reservations, the compulsory jurisdiction of the Court has been declining in significance. The recent trend of acceptance of the compulsory jurisdiction does not support such a conclusion. Since the practice of making declarations with reservations has continued, further study of the Court's jurisprudence in dealing with such reservations seems necessary. This analysis attempts to show that reservations in unilateral declarations do not contribute to the decline of the Optional Clause. In fact, reservations provide for the flexibility which many States consider essential in accepting the compulsory jurisdiction of the International Court of Justice. Thus, the right to include a variety of reservations in unilateral declarations may in fact contribute to the wider acceptance of compulsory jurisdiction.

The Oxford Handbook on the Sources of International Law

The Oxford Handbook on the Sources of International Law
Author: Samantha Besson
Publisher: Oxford University Press
Total Pages: 1233
Release: 2017
Genre: Law
ISBN: 0198745362

This Oxford Handbook examines the sources of international law, how the understanding of sources changed throughout the history of international law; how the main legal theories understood sources; the relationship between sources and the legitimacy of international law; and how sources differ across the various sub-areas of international law.

Jurisdiction of the International Court of Justice

Jurisdiction of the International Court of Justice
Author: Hanqin Xue
Publisher: BRILL
Total Pages: 262
Release: 2017-07-03
Genre: Law
ISBN: 9004342761

The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.