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
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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
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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.

Finnish Yearbook of International Law, 1999

Finnish Yearbook of International Law, 1999
Author: Jarna Petman
Publisher: Martinus Nijhoff Publishers
Total Pages: 504
Release: 2002-04-01
Genre: Law
ISBN: 9789041117922
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Despite its Finnish innitiative and pedigrees, the "Finnish Yearbook of International Law" does not restrict itself to purely 'Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. The" Finnish Yearbook of International Law" annually publishes articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offering include: longer articles of a theoretical nature, exploring new avenues and approaches; shorter polemics; commentaries on current international law developments; book reviews; and documentation of relevance to Finland's foreign relations not easily available elsewhere. The "Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.

Treaty Interpretation by the WTO Appellate Body

Treaty Interpretation by the WTO Appellate Body
Author: Isabelle Van Damme
Publisher:
Total Pages: 487
Release: 2009
Genre: Law
ISBN: 0199562237
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This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.

The World Court Reference Guide

The World Court Reference Guide
Author: Bimal N. Patel
Publisher: BRILL
Total Pages: 950
Release: 2021-10-01
Genre: Business & Economics
ISBN: 9004481230
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A single-volume comprehensive overview of procedural aspects of the jurisprudence of the World Court, this work offers: - Statements of initial claims, counter-claims of the contentious cases and questions submitted for the advisory opinions; - Summarised details of all orders, the duration of the oral and written proceedings and coverage of requests for extension of time-limits; - Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, composition of the Court and declarations and opinions of its Members; - Systematic reference on legal instruments such as the Covenant of the League of Nations, the UN Charter, the PCIJ and ICJ Statutes, the Rules of Court, the Arbitral Awards, PCIJ and ICJ case-law, Treaties and inter(national) legal sources; - Coverage of information on litigation teams (agents, counsels, advocates, experts, advisers, etc.); - Indexes containing all versions of the PCIJ and the ICJ Rules of Court, League Covenant, UN Charter, Arbitral Awards, PCIJ and ICJ case-law and Treaties. - The Guide will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. "I often find it important to be able to see at a glance what a case was about, what the Court decided, and who were the personalities involved in every phase of a case, as judges and as agents and counsel. This book aims to meet that requirement. There is also a practical side to this, in light of the Court's wish, in Practice Directions VII and VIII, to introduce different `cooling off periods' for different personalities connected with the Court's judicial work. [...] For the practitioner and for the student the most important parts of this book are the indexes to the Statute and the Rules of Court and the lists of treaties and other legal instruments cited." - From the Introduction by Shabtai Rosenne

The Contractual Nature of the Optional Clause

The Contractual Nature of the Optional Clause
Author: Gunnar Törber
Publisher: Bloomsbury Publishing
Total Pages: 401
Release: 2015-07-16
Genre: Law
ISBN: 1509901442
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The International Law Commission's Guiding Principles for Unilateral Declarations and its Guide to Practice on Reservations to Treaties are among the recent developments in international law. These developments support a new assessment on how optional clauses (eg Article 62(1) of the American Convention on Human Rights) and especially the Optional Clause (Article 36(2) of the Statute of the International Court of Justice (ICJ)) can be characterised and treated. The question is in how far optional clauses and the respective declarations can be considered a multilateral treaty or a bundle of unilateral declarations and to what extent one of the corresponding regimes applies. Based, inter alia, on the jurisprudence of the Permanent Court of International Justice and the ICJ on the Optional Clause, but also on the relevant jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights and the General Comments of the United Nations Human Rights Committee, this book provides a comprehensive assessment of all legal issues regarding the Optional Clause and also optional clauses in general. The book deals with the making of Optional Clause declarations, the interpretation of such declarations and reservations made to the declarations as well as the withdrawal or amendment of declarations.

Regions, Institutions, and Law of the Sea

Regions, Institutions, and Law of the Sea
Author: Harry N. Scheiber
Publisher: Martinus Nijhoff Publishers
Total Pages: 569
Release: 2013-05-01
Genre: Law
ISBN: 9004220216
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Regions, Institutions, and Law of the Sea: Studies in Ocean Governance offers fresh perspectives both on issues specific to major ocean regions, and on the nature and functions of institutions that implement the legal order of the oceans. Of special interest is a set of chapters by distinguished scholars and jurists providing nuanced analysis of the International Tribunal for the Law of the Sea as a key actor in the institutional and regime structure. Other expert authors contribute timely analysis of specific ocean uses in the context of implementation of "soft" and "hard" law. Piracy, global warming and ecosystem challenges, geo-engineering, control of pollution in shipping operations, Seabed Authority policy, and performance of the UN Regional Seas Programme are among key issues presented in both their regional and legal dimensions. Also considered in depth are law, ocean policy, and the operation of international organizations in Northeast Asia, Latin America, the Indian Ocean region, the African coastal areas, and the Arctic. The accessibility of subject matter and the readability of the text's 26 chapters enhance the value of this book as an important addition to the literature. Regions, Institutions, and Law of the Sea is the latest publication of the Law of the Sea Institute at UC Berkeley, a major voice in the global debates of contemporary ocean law and policy. Inha University-Incheon was a major co-sponsor of the project.