Judge Shigeru Oda and the Path to Judicial Wisdom

Judge Shigeru Oda and the Path to Judicial Wisdom
Author: Shigeru Oda
Publisher: BRILL
Total Pages: 626
Release: 2006
Genre: Law
ISBN: 9004143394

The present volume is the fourth in a series, "The Judges," which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a "resume "and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

Judge Shigeru Oda and the Path to Judicial Wisdom

Judge Shigeru Oda and the Path to Judicial Wisdom
Author: Edward McWhinney
Publisher: BRILL
Total Pages: 626
Release: 2006-07-01
Genre: Law
ISBN: 9047418085

The present volume is the fourth in a series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a résumé and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

Perspectives of International Law in the 21st century / Perspectives du droit international au 21e siècle

Perspectives of International Law in the 21st century / Perspectives du droit international au 21e siècle
Author:
Publisher: Martinus Nijhoff Publishers
Total Pages: 502
Release: 2011-10-28
Genre: Law
ISBN: 9004203060

This Liber Amicorum in honour of Professor Christian Dominicé covers most of the topical problems of contemporary international law, in particular those related to the principles and fundamentals of international law, human rights and humanitarian law, institutional law and criminal international law. Ce Liber Amicorum en l’honneur du Professeur Christian Dominicé couvre certains des sujets les plus actuels du droit international, en particulier ceux ayant trait aux principes et fondamentaux du droit international, aux droits de l’homme et au droit humanitaire ou encore au droit institutionnel et pénal international.

The International Judge

The International Judge
Author: Daniel Terris
Publisher: UPNE
Total Pages: 350
Release: 2007
Genre: Law
ISBN: 9781584656661

An interdisciplinary introduction to international judges and their work

Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law

Self-Determination of Peoples and Plural-ethnic States in Contemporary International Law
Author: Edward McWhinney
Publisher: BRILL
Total Pages: 148
Release: 2007-09-30
Genre: Law
ISBN: 904742347X

In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membership, the author signals the continuing antinomy of Law and Power and how high political concerns for their own conceived national interests influence or control decisions on application of the legal ground rules in concrete cases by heads of government and their foreign ministries. The author notes at the same time the attempt to consolidate and codify existing rules on a political "regional" basis, most evident perhaps with the European Union today. In addressing the claimed new legal category of "failed state" with the concomitant asserted legal right of other states to intervene, if necessary unilaterally or outside the United Nations, to impose their own "corrective" measures, he suggests that the postulated "failure" in such cases may frequently stem less from problems inherent in the state concerned than from past hegemonial actions by outside states in pursuit of their own geopolitical interests in the region. A special concluding chapter draws on the empirical record of the historical, often trial-and-error experience of the Succession states to the Versailles treaties settlements and to the assorted acts of Decolonisation of the former European Imperial, Colonial powers.

Judge Shigeru Oda and the Path to Judicial Wisdom: Opinions (Declarations, Separate Opinions, Dissenting Opinions) on the International Court of Justice, 1993-2003

Judge Shigeru Oda and the Path to Judicial Wisdom: Opinions (Declarations, Separate Opinions, Dissenting Opinions) on the International Court of Justice, 1993-2003
Author: Mariko Kawano
Publisher: Martinus Nijhoff Publishers / Brill Academic Publi
Total Pages: 626
Release: 2014-05-14
Genre: Arbitration (International law)
ISBN: 9781441690630

The present volume is the fourth in a series, The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinion.

Multiculturalism and International Law

Multiculturalism and International Law
Author: Sienho Yee
Publisher: BRILL
Total Pages: 800
Release: 2009-03-31
Genre: Law
ISBN: 904742817X

This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law—an ever more topical issue—in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.

Sovereignty and Territorial Temptation

Sovereignty and Territorial Temptation
Author: Christopher R. Rossi
Publisher: Cambridge University Press
Total Pages: 371
Release: 2017-04-27
Genre: Law
ISBN: 1107183537

This powerful reworking of the liberal tradition of international law uses Grotius as the vehicle for understanding coming challenges to the global commons. Fundamental problems of scarcity, sovereignty, anachronistic thinking, and territorial temptation are interwoven in historical and contemporary contexts to illuminate the tendency among states to share resources, but only when necessary.

The Statute of the International Court of Justice

The Statute of the International Court of Justice
Author: Andreas Zimmermann
Publisher: Oxford University Press
Total Pages: 2017
Release: 2019-03-21
Genre: Law
ISBN: 0192546481

This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ 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 third 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. Six years after the publication of the second edition, the third 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 looks forward to those it 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 two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.