The Icj And The Evolution Of International Law PDF Download
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Author | : Karine Bannelier |
Publisher | : Routledge |
Total Pages | : 468 |
Release | : 2012-03-12 |
Genre | : Law |
ISBN | : 1136619305 |
Download The ICJ and the Evolution of International Law Book in PDF, ePub and Kindle
In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History
Author | : Christian J. Tams |
Publisher | : OUP Oxford |
Total Pages | : 432 |
Release | : 2013-09-12 |
Genre | : Law |
ISBN | : 019165034X |
Download The Development of International Law by the International Court of Justice Book in PDF, ePub and Kindle
This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.
Author | : Hersch Lauterpacht |
Publisher | : Cambridge University Press |
Total Pages | : 431 |
Release | : 1982 |
Genre | : Law |
ISBN | : 0521463327 |
Download The Development of International Law by the International Court Book in PDF, ePub and Kindle
The book appraises the international judicial process and will be of value to anyone interested in this subject.
Author | : Georges Abi-Saab |
Publisher | : Bloomsbury Publishing |
Total Pages | : 391 |
Release | : 2019-09-05 |
Genre | : Law |
ISBN | : 1509929908 |
Download Evolutionary Interpretation and International Law Book in PDF, ePub and Kindle
This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.
Author | : Patrícia Galvão Teles |
Publisher | : Brill Nijhoff |
Total Pages | : 288 |
Release | : 2021 |
Genre | : Law |
ISBN | : 9789004467651 |
Download Case-Law and the Development of International Law Book in PDF, ePub and Kindle
"This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--
Author | : Birgit Schlütter |
Publisher | : BRILL |
Total Pages | : 407 |
Release | : 2010-05-17 |
Genre | : Law |
ISBN | : 9047431154 |
Download Developments in Customary International Law Book in PDF, ePub and Kindle
Customary international law is the most important source of international criminal law. Fifty years after the Nuremberg trials, many convictions imposed by the tribunals for the former Yugoslavia and Rwanda are still based on customary international law alone. The International Criminal Court, by contrast, has not yet had much opportunity to give more guidance on this matter. Hence, it is worthwhile to provide an overview of the current status of custom by analysing the ad hoc tribunal’s case law on this point. Including a comprehensive synopsis of current literature and a contrast of the ad hoc tribunal’s case law with the jurisprudence of the International Court of Justice, this book offers an inclusive insight into the source’s past and future.
Author | : Eirik Bjørge |
Publisher | : |
Total Pages | : 241 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198716141 |
Download The Evolutionary Interpretation of Treaties Book in PDF, ePub and Kindle
If a treaty from the 1850s regulating 'commerce' or forbidding 'degrading treatment of persons' is to be interpreted 150 years later, does 'commerce' or 'degrading treatment of persons' have the same meaning at the time of interpretation as they had when the treaty was agreed? The evolutionary interpretation of treaties has proven one of the most controversial topics in the practice of international law. Indeed, it has been seen as going against the very grain of the law of treaties, and has been argued to be contrary to the intention of the parties, breaching the principle of consent. This book asks what the place of evolutionary interpretation is within the understanding of treaties, at a time when many important international legal instruments are over 50 years old. It sets out to place the evolutionary interpretation of treaties on a firm footing within the general rule of interpretation, as codified in Article 31 of the Vienna Convention on the Law of Treaties. The book demonstrates that the evolutionary interpretation of treaties - in common with all other types of interpretation such as good faith, the text of the treaty, context, object and purpose - is in fact a based upon an objective understanding of the intention of the parties. In order to marry intention and evolution in this way, the book argues that, on the one hand, evolutionary interpretation is the product of the correct application of Article 31 and, on the other, that Article 31 is geared towards the establishment of the intention of the parties. The evolutionary interpretation of treaties is therefore shown to represent an intended evolution.
Author | : Max Hilaire |
Publisher | : Logos Verlag Berlin GmbH |
Total Pages | : 295 |
Release | : 2021-12-17 |
Genre | : Law |
ISBN | : 3832553509 |
Download The Evolution and Transformation of International Law Book in PDF, ePub and Kindle
Developments in International Law, from the Peace of Westphalia to the Post-United Nations Charter
Author | : Timothy Lanier Meyer |
Publisher | : |
Total Pages | : 432 |
Release | : 2008 |
Genre | : |
ISBN | : |
Download The Evolution of International Law Book in PDF, ePub and Kindle
Author | : Fernando R. Tesón |
Publisher | : Cambridge University Press |
Total Pages | : 259 |
Release | : 2016-04-06 |
Genre | : Law |
ISBN | : 1107119138 |
Download The Theory of Self-Determination Book in PDF, ePub and Kindle
In this book, leading scholars re-examine the principle of national self-determination from diverse theoretical perspectives.