Compliance with Decisions of the International Court of Justice

Author: Constanze Schulte
Publisher: Oxford University Press on Demand
ISBN: STANFORD:36105063936798
Release Date: 2004
Genre: Law

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.

Murphy s Principles of International Law 2d Concise Hornbook Series

Author: Sean Murphy
Publisher: West Academic
ISBN: 9781628105087
Release Date: 2012-05-31
Genre: Law

Murphy’s Principles of International Law is designed to be either a stand-alone text or a complement to all the major casebooks on the topic. This fully updated second edition provides a comprehensive survey of public international law, with useful references throughout to current events, classic and contemporary cases, and scholarship. The text is divided into three sections, as follows: The first section of the book addresses the fundamental structure, actors, and history of international law The second section focuses on the interface of international law and national law The third section covers key subject matter areas: human rights, the law of the sea, international environmental law, international criminal law, and the use of force

The International Tribunal for the Law of the Sea

Author: P. Chandrasekhara Rao
Publisher: Martinus Nijhoff Publishers
ISBN: 904111601X
Release Date: 2001-07-06
Genre: Law

This work examines the constitution, jurisdiction and procedure of the International Tribunal for the Law of the Sea on the basis of its Statute and Rules, as well as the Resolution on the Internal Judicial Practice and the Guidelines concerning the Preparation and Presentation of Cases. It gives a critical analysis of the role of the Tribunal in the settlement of law of the sea disputes. The articles were previously published in the "Indian Journal of" "International Law" and are revised, edited and updated for this edition. The contributors are sitting judges of the Tribunal and the book thus gives a perfect insider's view of the law and practice of the Tribunal.

Assessing the Effectiveness of International Courts

Author: Yuval Shany
Publisher: Oxford University Press
ISBN: 9780199643295
Release Date: 2014
Genre: Law

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.

Select Proceedings of the European Society of International Law

Author: James Crawford
Publisher: Bloomsbury Publishing
ISBN: 9781847318763
Release Date: 2012-01-09
Genre: Law

This book continues the series Select Proceedings of the European Society of International Law, containing the proceedings of the Fourth Biennial Conference organised by ESIL and the University of Cambridge in 2010. The title of the conference was 'International Law 1989-2010: A Performance Appraisal'. The highlights, selected for publication in this volume, cover a wide spectrum of topics in international law.

Enhancing the Rule of Law through the International Court of Justice

Author: Giorgio Gaja
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004278561
Release Date: 2014-07-10
Genre: Business & Economics

"Enhancing the Rule of Law through the International Court of Justice", edited by Giorgio Gaja and Jenny Grote Stoutenburg, explores the current and possible future contribution of the International Court of Justice to the rule of law in the international community.

The International Law Character of the Iran United States Claims Tribunal

Author: Mohsen Mohebi
Publisher: Martinus Nijhoff Publishers
ISBN: 9041110674
Release Date: 1999-10-06
Genre: Law

Determining whether the Iran-US Claims Tribunal (the Tribunal) is a truly public international tribunal is not merely an interesting theoretical exercise. The Tribunal's legal character has significant ramifications, for example on enforceability at the international level, the applicability and scope of "res judicata" regarding dismissed claims, and the evidentiary value of its jurisprudence, particularly pursuant to Article 38(1) of the ICJ statute. This title explores the legal character of the Tribunal and its status under the law of peaceful settlement of international disputes. The public or private nature of the Tribunal is a matter of significant controversy. Certain peculiarities of the Tribunal, namely its accessibility to private claimants, the exclusion of the exhaustion of local remedy rule, and the regime provided for the execution of its awards suggests that it is not, in fact, wholly public. Conversely, the author analyses the Tribunal under a three-part test for public international character - (1) international treaty as origin, (2) applicable law international in nature, (3) controlling parties subject to international law - and finds that it meets all three criteria. In doing so, the author admittedly counters the apparent position of the Tribunal itself that its nature is a hybrid of both public and private elements. "The International Law Character of the Iran-United States Claims Tribunal" includes: - a historical survey on international tribunals; an analysis of the adverse arguments; and - a detailed discussion of the Tribunal's practice on expropriation cases to give a concrete example of its functioning on international law level, is considered in detail inPart Three. The controversial nature of the author's thesis, the thoroughness of the analysis, and the importance of the Tribunal itself make this a book of interest and import for academics who keep abreast of international law developments.

Sustainable Development Principles in the Decisions of International Courts and Tribunals

Author: Marie-Claire Cordonier Segger
Publisher: Taylor & Francis
ISBN: 9781317670001
Release Date: 2017-05-08
Genre: Law

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

The Role of the International Court of Justice As the Principal Judicial Organ of the United Nations

Author: Mohamed Sameh M. Amr
Publisher: Martinus Nijhoff Publishers
ISBN: 9041120262
Release Date: 2003-01-01
Genre: Political Science

This volume provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court. It concludes with practical suggestions on how to develop the Court's role.

Perspectives on International Law

Author: Nandasiri Jasentuliyana
Publisher: Martinus Nijhoff Publishers
ISBN: 904110884X
Release Date: 1995-11-02
Genre: Law

In the spirit of the 50th anniversary of the United Nations and the United Nations Decade of International Law, the contributors to "Perspectives on International Law" honour with this legal treatise a devoted friend of the United Nations and international law, Judge Manfred Lachs - a noted judge, diplomat, humanist and, above all, teacher. The work includes a variety of perspectives on international law relating to what were Judge Lachs' four main areas of interest: the theory and practice of international law, the United Nations, the World Court, and space law. The book meets the need for a reference work covering selected subject areas and providing different perspectives on some of the key issues of current concern. Many eminent experts in various fields related to international law, including Judges of the International Court of Justice, diplomats, and professors of law - most of whom knew Judge Lachs personally - have contributed. Each chapter has been prepared specifically for the book. The contributors represent all political, legal and cultural regions of the world and provide a range of backgrounds and viewpoints, offering a variety of new ideas for strengthening international law, based on their assessment of the lessons of the past.

International Law

Author: Malcolm N. Shaw
Publisher: Cambridge University Press
ISBN: 9781107188471
Release Date: 2017-09-30
Genre: Law

The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

Greening International Jurisprudence

Author: Cathrin Zengerling
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004257313
Release Date: 2013-08-22
Genre: Law

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.

Deference in International Courts and Tribunals

Author: Lukasz Gruszczynski
Publisher: OUP Oxford
ISBN: 9780191026508
Release Date: 2014-10-09
Genre: Law

International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.