Reservations To The Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice 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 | : Renata Szafarz |
Publisher | : BRILL |
Total Pages | : 202 |
Release | : 2023-12-28 |
Genre | : Business & Economics |
ISBN | : 9004633243 |
Download The Compulsory Jurisdiction of the International Court of Justice Book in PDF, ePub and Kindle
States are increasingly accepting the idea of compulsory jurisdiction for the International Court of Justice and the Court has more cases on its docket than ever before. This book is the first monograph in English dealing with the topic in a concise and accurate manner. Chapter I deals with basic general problems, such as the notion and bases of and the decisions on the ICJ jurisdiction. Chapter II presents the question of ICJ compulsory jurisdiction based on treaty provisions. The central issue, i.e. the ICJ compulsory jurisdiction based on the optional clause, is dealt with in Chapter III. After presenting specific questions, such as the essence of declarations accepting the optional clause, the principle of reciprocity, reservations, formal conditions, etc., the author concentrates in this chapter on the characteristics of the legal system created on the basis of the optional clause.
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 | : Ali Naghi Farmanfarma |
Publisher | : |
Total Pages | : 202 |
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 | : 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 | : 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 | : |
Publisher | : |
Total Pages | : |
Release | : 1958 |
Genre | : |
ISBN | : |
Download Reservations to the Acceptance of Compulsory Jurisdiction of the International Court of Justice (Volume 93). Book in PDF, ePub and Kindle
Author | : Herbert Whittaker Briggs |
Publisher | : |
Total Pages | : 141 |
Release | : 1958 |
Genre | : Jurisdiction (International law) |
ISBN | : |
Download Reservations to the Acceptance of Compulsory Jurisdiction of the International Court of Justice Book in PDF, ePub and Kindle
Author | : United States. Congress. Senate. Committee on Foreign Relations |
Publisher | : |
Total Pages | : 530 |
Release | : 1960 |
Genre | : Jurisdiction (International law) |
ISBN | : |
Download Compulsory Jurisdiction, International Court of Justice Book in PDF, ePub and Kindle
Considers S. Res. 94, to require U.S., in effect, to accept jurisdiction of International Court of Justice in legal matters involving breach of treaty or international obligations and questions of international law.
Author | : United States. Congress. Senate. Committee on Foreign Relations |
Publisher | : |
Total Pages | : 192 |
Release | : 1946 |
Genre | : International law |
ISBN | : |
Download Compulsory Jurisdiction, International Court of Justice Book in PDF, ePub and Kindle
Considers (79) S. Res. 196.