The Unanimity Rule in the Revision of Treaties a Re-Examination

The Unanimity Rule in the Revision of Treaties a Re-Examination
Author: Edwin C. Hoyt
Publisher: Springer Science & Business Media
Total Pages: 274
Release: 2012-12-06
Genre: Law
ISBN: 9401195668

In international law the authority of the writers has been great and the Statute of the International Court of Justice still takes cognizance of them as subsidiary sources. Yet it has been widely recognized that on many points writers, even of the most respecta ble authority, have merely repeated the statements of their predecessors, sometimes with the result that error or some indivi dual dogma or predilection has been perpetuated. The three-mile limit of territorial waters, for example, was long identified with the range of cannon and with the famous dictum of Galiani until modern historical research revealed more accurately its historical origin in the practice of states. The very definition of internation al law as a law of which only states were subjects impelled to somewhat far-fetched inclusions of certain political entities as "states," and has had at last to yield at least to the concept that an international organization may also be a subject of inter national law. The long repetition of the essential attributes ot states - sovereignty, independence, equality - has not altered the realities of the very great differences between states in respect of each of these attributes. As Cardozo said of definitions, if our preconceived notions of international law do not accord with the facts of international life, so much the worse for those old no tions; they must be revised to be brought into line with reality.

The Statute of the International Court of Justice

The Statute of the International Court of Justice
Author: Andreas Zimmermann
Publisher: Oxford University Press, USA
Total Pages: 1798
Release: 2012-10-11
Genre: Law
ISBN: 0199692998

The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in the settlement of disputes and the development of international law. This commentary analyses the Statute of the Court and the related provisions of the UN charter and the Court's Rules of Procedure.

The Amendment of the Constitutive Instruments of the United Nations and Specialized Agencies

The Amendment of the Constitutive Instruments of the United Nations and Specialized Agencies
Author: Ralph Zacklin
Publisher: BRILL
Total Pages: 234
Release: 2005-11-01
Genre: Business & Economics
ISBN: 9047415809

‘The amendment of international treaties raises problems which are closely linked to the issue of stability and development in the international juridical order. The author of the present work successfully relates these problems, which are of crucial importance in all juridical systems, to the more particular problems connected with the constitutions of international organizations of universal scope. As the effectiveness and continuity of international organizations depend to no small extent on their ability to adapt themselves constantly to a rapidly evolving world, the necessary flexibility must be ensured by provisions included in the constitutions of the organizations. The juridical tool used to meet these needs is an amendment clause incorporated in the constitutive instrument.’ The above-mentioned text from the Foreword by Paul Guggenheim written in 1967 is still as valid today in the light of the reform proposals emerging from the work of the High-Level Panel and the Report of the Secretary General ‘In Larger Freedom’ which are currently the subject of intense negotiations around the Charter of the United Nations, and in particular Articles 108 and 109. This reprinted edition will be of great value to those involved in the reform negotiations as well as to those studying international organizations.

International Legal Argument in the Permanent Court of International Justice

International Legal Argument in the Permanent Court of International Justice
Author: Ole Spiermann
Publisher: Cambridge University Press
Total Pages: 539
Release: 2005-01-06
Genre: Law
ISBN: 1139442686

The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

The Law And Practice Of The International Court, 1920-2005

The Law And Practice Of The International Court, 1920-2005
Author: Shabtai Rosenne
Publisher: Martinus Nijhoff Publishers
Total Pages: 2012
Release: 2006
Genre: Law
ISBN: 9004139583

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.

The Law and Practice of the International Court, 1920-2005 (4 vols)

The Law and Practice of the International Court, 1920-2005 (4 vols)
Author: Shabtai Rosenne
Publisher: BRILL
Total Pages: 1979
Release: 2006-02-01
Genre: Law
ISBN: 904740579X

The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice’s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: • The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court’s affairs. • Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court’s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. • The Court’s procedure. All of these arenas have undergone significant recent changes. The work’s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.

Increasing the Effectiveness of the International Court of Justice

Increasing the Effectiveness of the International Court of Justice
Author: Connie Peck
Publisher: BRILL
Total Pages: 576
Release: 2023-09-29
Genre: Business & Economics
ISBN: 900463472X

`In April 1996 the ICJ/UNITAR Colloquium on Increasing the Effectiveness of the Court brought together from all corners of the world judges, legal advisers, practitioners of international law and jurists. It provided an unprecedented opportunity for an in-depth and detailed exchange of views not only on the Court's performance to date, but also on its future role, as well as on possible ways and means of enhancing its operation. There were some fifteen panels, covering subjects ranging from the Court's jurisprudence to its working methods, from assessment of its achievements to evaluation of its ability to handle issues arising from space exploration and the growing concern for the environment. All in all, it was a most comprehensive approach to the subject. This publication, which presents the papers delivered at the Colloquium and the discussions which took place around them, accordingly constitutes instructive reading for all who are concerned with the management and peaceful resolution of disputes. I hope for its widest possible dissemination.' From the Foreword by Kofi A. Annan, Secretary-General of the United Nations.