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Judge Manfred Lachs and Judicial Law-Making

Judge Manfred Lachs and Judicial Law-Making
Author: Edward MacWhinney
Publisher: Martinus Nijhoff Publishers
Total Pages: 426
Release: 1995-10-31
Genre: Law
ISBN: 9789041101259

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This volume, the second in the series "The Judges," which collects and synthesizes the opinions of leading international contemporary judges who have contributed significantly to the progressive development of international law, is devoted to the work of Judge Manfred Lachs, who was elected to the International Court of Justice in 1967. In his Foreword to the study, UN Secretary General Boutros Boutros-Ghali says of Lachs that His contribution to jurisprudence is especially noteworthy. He initiated a significant part of the jurisprudence of the Court in the area of human rights. He contributed to the formulation of the right to self-determination, helped to develop the law of the sea, and participated in the work of the Court in many other areas. But, above all, he was at the forefront of the most progressive battles of the Court, demonstrating great personal courage and great analytical rigour. As President of the Court, he showed a constant interest in improving its procedures and developing relations between the judicial organ and other organs of the United Nations.' Edward McWhinney's masterly essay, which precedes extracts from Manfred Lachs' Opinions and from some Judgements in which he played a crucial role, is essential reading for all those interested in the World Court, as well for Manfred Lachs' countless admirers, students and colleagues.


Customary International Law and Treaties

Customary International Law and Treaties
Author: Mark Eugen Villiger
Publisher: Martinus Nijhoff Publishers
Total Pages: 374
Release: 1997-10-29
Genre: Law
ISBN: 9041104585

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States often regard themselves bound by treaty rules which have developed under customary international law, even though many of the treaties themselves have not been ratified. The Law of the Sea Convention, for instance, has generated new customary rules which modified the 1958 Geneva Conventions. These & many other issues are dealt with clearly & systematically in this informative handbook on the relations between written & unwritten international law. The conclusions of the first edition of Customary International Law & Treaties were largely confirmed by the International Court of Justice in the Nicaragua Case. This fully revised second edition, while basing itself on the original version, brings the subject up to date.


Teaching International Law

Teaching International Law
Author:
Publisher: BRILL
Total Pages: 530
Release: 2023-12-18
Genre: Law
ISBN: 9004678883

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Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.


Essays in Honour of Judge Taslim Olawale Elias

Essays in Honour of Judge Taslim Olawale Elias
Author: Emmanuel G Bello
Publisher: Martinus Nijhoff Publishers
Total Pages: 406
Release: 2023-07-17
Genre: Law
ISBN: 9004637842

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Text no. 1: The variety of topics covered and the quality of the contributors make these two volumes a necessary part of any law library in the world. The essays are designed to overlap in the well-tested and established fields and branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The essays fully demonstrate the depth of knowledge of the eminent professors and specialists who have written them. The two volumes of essays are divided into seven parts. Volume One, entitled Contemporary International Law and Human Rights, focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by his Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Judge Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human rights subjects still hold pride of place in the thinking of many legal experts and scholars and that is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part Five of the essays contains topics of interest in the African Legal system which has its roots in the British Common Law System. Constitutional Law is broadly covered in part six which forms a section of its own in Volume Two. Text no. 2: This Festschrift pays tribute to Judge Taslim Olawale Elias, the leading African exponent of International Law to date. The two volumes of essays are divided into seven parts. The first volume focuses essentially on subjects relating to International Law and is divided into three sections. Part one of the first volume encompasses Topics in International Law such as Some New Thoughts on the Codification of International Law by His Excellency Judge Roberto Ago; Evidence in the Procedure of the International Court of Justice: The Role of the Court by His Excellency Jugde Manfred Lachs; The Validity of International Law: an Empirical Experiment by Professor Georg Schwarzenberger, with a particularly engaging and incisive Introduction to the two volumes of Essays by Professor Ian Brownlie, Q.C. Human Rights subjects still hold the pride of place in the thinking of many legal experts and scholars which is clearly reflected here. The title of the second volume is African Law and Comparative Public Law. Part five of the essays contains topics of interest in African Legal system which took its roots from the British Common Law System. Constitutional Law is bloadly covered in part six which forms a section of its own in volume two. Quite apart from the variety of topics covered in this festschrift, the quality of the contributors to it, makes the whole exercise a necessary part of an important collection of any law library in the world. The framework of the essays suggest that they are designed to overlap in the well-tested and established field of law and those branches of law dealing with contemporary issues which lawyers, diplomats, political scientists, politicians and research scholars are familiar with. The richness of the festschrift is m.


Maritiem afbakeningsrecht

Maritiem afbakeningsrecht
Author: Alex G. Oude Elferink
Publisher: Martinus Nijhoff Publishers
Total Pages: 484
Release: 1994-09-09
Genre: Law
ISBN: 9780792330820

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This volume presents an analysis of the maritime boundary delimitations of the Russian Federation. The focus of this analysis is the relationship between state practice and the rules of public international law applicable to the delimitation of maritime zones between neighboring states. A first part establishes the contents of the law in this field. The main part of the work concerns an analysis of the position of the Russian Federation on the rules of maritime delimitation law and the practice of this state in relation to the delimitation of specific maritime boundaries with neighboring states. The case study of the Russian Federation illustrates the significance of international law for the delimitation of maritime boundaries, while at the same time indicating the limits of the influence of the law on state behavior.


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

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations
Author: Mohamed Sameh M. Amr
Publisher: BRILL
Total Pages: 471
Release: 2021-08-04
Genre: Business & Economics
ISBN: 9004479104

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The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it 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.


Intertemporal Linguistics in International Law

Intertemporal Linguistics in International Law
Author: Julian Wyatt
Publisher: Bloomsbury Publishing
Total Pages: 321
Release: 2019-12-12
Genre: Law
ISBN: 1509929509

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Intertemporal Linguistics in International Law examines and offers an overdue solution to a specific problem central to the resolution of an ever increasing number of international legal disputes: how to interpret a treaty with terms that change in meaning over time. A wide-ranging review of the relevant international case law and scholarship reveals that no rule, principle or authority of international law – including even the oft-cited evolutionary interpretation doctrine – provides international adjudicators with the firm and practical guidance on this specific question that contemporary international litigants demand. Using an analytical approach inspired by the comparative method and drawing on specific concepts from external fields including private law, legal theory and, principally, modern-day linguistics, Intertemporal Linguistics in International Law restructures the most relevant international case law around a new conceptual framework that offers fresh insight into the process of treaty interpretation. It demonstrates that by distinguishing between resolving ambiguity and resolving vagueness, and by identifying the temporal sense-intention with which a treaty term is used, international adjudicators can avail themselves of a more predictable and appropriate method for solving this complex and practically important problem of international law.


Netherlands Yearbook of International Law 2014

Netherlands Yearbook of International Law 2014
Author: Mónika Ambrus
Publisher: Springer
Total Pages: 416
Release: 2015-05-15
Genre: Law
ISBN: 9462650608

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The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the ‘problem’ that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?