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Jurisdiction of the International Court of Justice

2017-07-03 Law
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Release : 2017-07-03
Genre : Law
Kind : eBook
Book Rating : 761/5 ( reviews)

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Book Synopsis Jurisdiction of the International Court of Justice by : Hanqin Xue

Download or read book Jurisdiction of the International Court of Justice written by Hanqin Xue. This book was released on 2017-07-03. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.

The Compulsory Jurisdiction of the International Court of Justice

2023-12-28 Business & Economics
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Release : 2023-12-28
Genre : Business & Economics
Kind : eBook
Book Rating : 243/5 ( reviews)

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Book Synopsis The Compulsory Jurisdiction of the International Court of Justice by : Renata Szafarz

Download or read book The Compulsory Jurisdiction of the International Court of Justice written by Renata Szafarz. This book was released on 2023-12-28. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice

1995-03-23 Political Science
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Release : 1995-03-23
Genre : Political Science
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Book Rating : 452/5 ( reviews)

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Book Synopsis Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice by : Stanimir A. Alexandrov

Download or read book Reservations in Unilateral Declarations Accepting the Compulsory Jurisdiction of the International Court of Justice written by Stanimir A. Alexandrov. This book was released on 1995-03-23. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The International Court of Justice at a Crossroads

1987 Law
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Release : 1987
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis The International Court of Justice at a Crossroads by : Lori Fisler Damrosch

Download or read book The International Court of Justice at a Crossroads written by Lori Fisler Damrosch. This book was released on 1987. Available in PDF, EPUB and Kindle. Book excerpt: This major study of the International Court of Justice was the first comprehensive analysis of the issues confronting governments in reexamining the scope of their consent to the Court's jurisdiction. Topics include the suitability of various kinds of disputes for resolution by the Court; problems of non-appearance, non-participation, and non-performance; provisional measures; and more.

The International Court of Justice

2016 Law
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Release : 2016
Genre : Law
Kind : eBook
Book Rating : 070/5 ( reviews)

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Book Synopsis The International Court of Justice by : H. W. A. Thirlway

Download or read book The International Court of Justice written by H. W. A. Thirlway. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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