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This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices.
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Book Details
Table of Contents
Cover; Preliminary Pages; Preface; Table of Contents; List of Abbreviations; Table of Cases; Table of Legislative and Related Acts; I) Initial Observations on the Peaceful Resolution of International Disputes; 1. Importance and Context; 2. Chapter VI of the United Nations Charter; II) Origin and Environment of the International Court of Justice at The Hague; 1. Arbitration and Organised Justice: Creation of the Permanent Court of International Justice in 1920; 2. The Transition in 1945 from the Permanent Court of International Justice to the International Court of Justice.
3. The International Court of Justice as the Principle Organ of the United Nations and of Public International Law4. The Main International Jurisdictions based at The Hague; III) The Texts Governing the Court's Activities; 1. Constitutive Texts: The Statute and the Charter; 2. The Rules: Derivative Provisions; 3. Subordinate Texts: Pratice Directions; IV) Composition of the Court; 1. The Bench; 2. Electing the Judges; 3. Chambers of the Court; 4. The Registry; V) Contentious Procedure: Inter-State Disputes; 1. First Steps in a Case; 2. Discontinuing a Case.
3. Validity of Seising the Court, Jurisdiction of the Court and Admissibility of an Application4. Preliminary Objections; 5. Personal Jurisdiction (Ratione Personae): Who can Appear before the Court as a Party?; 6. Subject-Matter Jurisdiction (Ratione Materiae): What Cases can the Court Decide?; 7. Consensual Jurisdiction (Ratione Consensus): When can the Court Decide a Case?; 8. Freedom to use Some Other Mode of Dispute Resolution even when there is 'Compulsory Jurisdiction'
9. Limitation of the Court's Jurisdiction if the Subject of the Dispute affects the Rights and Obligations of Third States which have not Consented to it10. Concurrent Titles of Jurisdiction; 11. 'Transitional' Jurisdiction under Article 36, Paragraph 5, and Article 37 of the Statute; 12. Jurisdiction as to Jurisdiction; 13. The Principle of the Forum Perpetuum or Perpetuatio Fori; 14. Provisional Measures of Protection; 15. Counterclaims; 16. Default Procedure; 17. Intervention by Third States; 18. The Power to Pronounce a non liquet; 19. Judgments and Orders by Consent.
20. Declaratory Judgments21. Effects of the Decision; 22. Interpretation of the Judgment; 23. Revision of a Judgment; 24. Implementation of the Judgment; 25. The Court's Competence as an 'Appellate' Body (Supervisory Jurisdiction); 26. Jurisdiction to Review the Legality of Acts of Other United Nations Organs, particularly the Security Council; 27. The Competence of the Security Council to order a Party not to Seise the Court; VI) General Principles applicable to Contentious Proceedings; 1. The Principle 'ne eat judex ultra petita partium'
Edition Notes
Translated from the French.
Includes bibliographical references and index.
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| July 17, 2023 | Edited by ImportBot | import existing book |
| December 15, 2022 | Created by MARC Bot | import new book |