Reservation In Unilateral Declarations Accepting Compulsory Jurisdiction Of The Icj PDF Download
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Author | : Stanimir A. Alexandrov |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 194 |
Release | : 1995-03-23 |
Genre | : Political Science |
ISBN | : 9780792331452 |
Download Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice Book in PDF, ePub and Kindle
This study examines the reservations to the acceptance of compulsory jurisdiction included in declarations made by States under Article 36(2) of the Statute of the Permanent Court of International Justice and of the Statute of the International Court of Justice and discusses the practical application by the Court of the principle of reciprocity to such reservations in contentious cases submitted to it under Article 36(2). It has been considered that, due to acceptance conditioned by so many, diverse, and complicated reservations, the compulsory jurisdiction of the Court has been declining in significance. The recent trend of acceptance of the compulsory jurisdiction does not support such a conclusion. Since the practice of making declarations with reservations has continued, further study of the Court's jurisprudence in dealing with such reservations seems necessary. This analysis attempts to show that reservations in unilateral declarations do not contribute to the decline of the Optional Clause. In fact, reservations provide for the flexibility which many States consider essential in accepting the compulsory jurisdiction of the International Court of Justice. Thus, the right to include a variety of reservations in unilateral declarations may in fact contribute to the wider acceptance of compulsory jurisdiction.
Author | : Alexandrov |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 187 |
Release | : 2023-08-28 |
Genre | : Business & Economics |
ISBN | : 9004632336 |
Download Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice Book in PDF, ePub and Kindle
This study examines the reservations to the acceptance of compulsory jurisdiction included in declarations made by States under Article 36(2) of the Statute of the Permanent Court of International Justice and of the Statute of the International Court of Justice and discusses the practical application by the Court of the principle of reciprocity to such reservations in contentious cases submitted to it under Article 36(2). It has been considered that, due to acceptance conditioned by so many diverse, and complicated reservations, the compulsory jurisdiction of the Court has been declining in significance. The recent trend of acceptance of the compulsory jurisdiction does not support such a conclusion. Since the practice of making declarations with reservations has continued, further study of the Court's jurisprudence in dealing with such reservations seems necessary. This analysis attempts to show that reservations in unilateral declarations do not contribute to the decline of the Optional Clause. In fact, reservations provide for the flexibility which many States consider essential in accepting the compulsory jurisdiction of the International Court of Justice. Thus, the right to include a variety of reservations in unilateral declarations may in fact contribute to the wider acceptance of compulsory jurisdiction.
Author | : S. A. Alexandrov |
Publisher | : |
Total Pages | : |
Release | : 1995 |
Genre | : |
ISBN | : |
Download Reservation in Unilateral declarations accepting compulsory jurisdiction of the ICJ Book in PDF, ePub and Kindle
Author | : Robert Kolb |
Publisher | : Edward Elgar Publishing |
Total Pages | : 135 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 1035332221 |
Download Reservations to Optional Declarations Granting Jurisdiction to the International Court of Justice Book in PDF, ePub and Kindle
In this incisive book, Robert Kolb sets out a short but nevertheless in-depth analysis of optional declarations for the jurisdiction of the International Court of Justice, and of the various reservations which restrict the jurisdiction. Concise and readable, the book examines the true scope of this jurisdiction once the numerous carve-outs of the reservations are subtracted.
Author | : Vanda Lamm |
Publisher | : Edward Elgar Publishing |
Total Pages | : 331 |
Release | : 2014-08-29 |
Genre | : Law |
ISBN | : 1783473215 |
Download Compulsory Jurisdiction in International Law Book in PDF, ePub and Kindle
The system of optional clause declarations is a unique regime of compulsory jurisdiction based on the two World Courts� Statutes. This timely book offers a wide-ranging academic survey of the developments of that system, the theoretical and procedural
Author | : Renata Szafarz |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 189 |
Release | : 1993 |
Genre | : Business & Economics |
ISBN | : 0792319893 |
Download The Compulsory Jurisdiction of the International Court of Justice Book in PDF, ePub and Kindle
E. Form of declaration
Author | : Ali Naghi Farmanfarma |
Publisher | : |
Total Pages | : 196 |
Release | : 1952 |
Genre | : Jurisdiction (International law). |
ISBN | : |
Download The Declarations of the Members Accepting the Compulsory Jurisdiction of the International Court of Justice Book in PDF, ePub and Kindle
Author | : Taisuke Higashi |
Publisher | : |
Total Pages | : 446 |
Release | : 1965 |
Genre | : Jurisdiction (International law) |
ISBN | : |
Download The International Court of Justice Book in PDF, ePub and Kindle
Author | : H. W. A. Thirlway |
Publisher | : Oxford University Press |
Total Pages | : 241 |
Release | : 2016 |
Genre | : Law |
ISBN | : 0198779070 |
Download The International Court of Justice Book in PDF, ePub and Kindle
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 | : Vanda Lamm |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : 9781783473205 |
Download Compulsory Jurisdiction in International Law: A Short History of the Arbitral Settlement of Interstate Disputes until the Establishment of the PCIJ 2. The Legislative History of the Optional Clause and its Conception 3. Declarations Accepting the Compulsory Jurisdiction of the Court 4. Admissibility of Reservations to Declarations of Acceptence 5. The Legal Character of the Optional Clause System 6. Reciprocity and the System of Optional Clause Declarations 7. Generally Accepted Reservations to Declarations of Acceptance 8. Destructive Reservations 9. Termination and Amendment of Declarations of Acceptance 10. Objecting to the Court's Jurisdiction 11. Reconsidering the Optional Clause System Index Book in PDF, ePub and Kindle