Enhancing The Rule Of Law Through The International Court Of Justice
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Author | : Giorgio Gaja |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 180 |
Release | : 2014-07-10 |
Genre | : Business & Economics |
ISBN | : 9004278567 |
What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices". With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann
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.
Author | : Augusto Lopez-Claros |
Publisher | : Cambridge University Press |
Total Pages | : 561 |
Release | : 2020-01-23 |
Genre | : Law |
ISBN | : 1108476961 |
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Author | : Heike Krieger |
Publisher | : |
Total Pages | : 401 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198843607 |
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.
Author | : Patrícia Galvão Teles |
Publisher | : Brill Nijhoff |
Total Pages | : 288 |
Release | : 2021 |
Genre | : Law |
ISBN | : 9789004467651 |
"This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--
Author | : Gleider Hernandez |
Publisher | : |
Total Pages | : 369 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199646635 |
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.
Author | : Shabtai Rosenne |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 230 |
Release | : 1993-05-24 |
Genre | : Political Science |
ISBN | : 9780792321095 |
Author | : Philippe Couvreur |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 277 |
Release | : 2016-11-28 |
Genre | : Law |
ISBN | : 9004328866 |
The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.
Author | : Michael Zurn |
Publisher | : Cambridge University Press |
Total Pages | : 401 |
Release | : 2012-06-18 |
Genre | : Law |
ISBN | : 1139510975 |
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Author | : Deborah Isser |
Publisher | : US Institute of Peace Press |
Total Pages | : 402 |
Release | : 2011 |
Genre | : History |
ISBN | : 1601270666 |
The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "