Judging Among the Nations

Author: Howard N. Meyer

Publisher: Rowman & Littlefield

ISBN: 9780742509245

Category: Law

Page: 311

View: 5684

Over a century ago, a precursor to the International Court of Justice, usually called the World Court, was created. The United States had an important role in founding the Court, and a U.S. citizen Andrew Carnegie-funded the Peace Palace, the building in which the World Court still convenes. But in 1985, during the second Reagan-Bush Administration, the U.S. effectively withdrew its support and authority from the Court in respose to its ruling on the U.S. use of force in Nicaragua. Since that time, the role of the World Court has grown in importance internationally even though the U.S. refuses to participate fully. And because the U.S. role has been so attenuated, the full story of the World Court has not been told, especially to U.S. citizens and students whose ignorance of it is a national embarrassment. Howard N. Meyer-longtime legal authority, activist, and champion of untold or misunderstood histories-traces the World Court all the way back to The Hague Conference of 1899 and shows its development through World War I, the League of Nations, World War II, and the Cold War, all the way up to the contemporary challenges of East Timor and Kosovo. More recently, Meyer distinguishes between the nation-state oriented work of the World Court and the work of the International Criminal Court which was proposed in 1998 to prosecute individual war criminals like Milosevic and others coming out of the conflicts in the former Yugoslavia and Rwanda. As different as they are, the World Court and the ICC have a common problem that this book seeks to address: resistance in Washington to the international rule of law, especially when it comes to authority surrounding the use of force."
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Judging Among the Nations

Author: Howard N. Meyer

Publisher: Rowman & Littlefield

ISBN: 9780742509245

Category: Law

Page: 311

View: 7761

Over a century ago, a precursor to the International Court of Justice, usually called the World Court, was created. The United States had an important role in founding the Court, and a U.S. citizen Andrew Carnegie-funded the Peace Palace, the building in which the World Court still convenes. But in 1985, during the second Reagan-Bush Administration, the U.S. effectively withdrew its support and authority from the Court in respose to its ruling on the U.S. use of force in Nicaragua. Since that time, the role of the World Court has grown in importance internationally even though the U.S. refuses to participate fully. And because the U.S. role has been so attenuated, the full story of the World Court has not been told, especially to U.S. citizens and students whose ignorance of it is a national embarrassment. Howard N. Meyer-longtime legal authority, activist, and champion of untold or misunderstood histories-traces the World Court all the way back to The Hague Conference of 1899 and shows its development through World War I, the League of Nations, World War II, and the Cold War, all the way up to the contemporary challenges of East Timor and Kosovo. More recently, Meyer distinguishes between the nation-state oriented work of the World Court and the work of the International Criminal Court which was proposed in 1998 to prosecute individual war criminals like Milosevic and others coming out of the conflicts in the former Yugoslavia and Rwanda. As different as they are, the World Court and the ICC have a common problem that this book seeks to address: resistance in Washington to the international rule of law, especially when it comes to authority surrounding the use of force."
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American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 1073

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
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Questions and Answers about the Principal Judicial Organ of the United Nations

Author: International Court of Justice

Publisher: United Nations Publications

ISBN: 9789211008227

Category: Law

Page: 77

View: 7808

The International Court of Justice plays an important role in the settlement of legal disputes between states and contributes to the development of international law. This booklet answers some frequently asked questions about its functions and its case-law. It explains how members are elected to the Court, the sources of the law applied, who may submit cases and who might request advisory opinions.
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Essays in Honour of Sir Robert Jennings

Author: Vaughan Lowe,Malgosia Fitzmaurice

Publisher: Cambridge University Press

ISBN: 9780521048804

Category: Law

Page: 640

View: 5741

To mark the fiftieth anniversary of the International Court of Justice, a distinguished group of international judges, practitioners and academics has undertaken a major review of its work. The chapters discuss the main areas of substantive law with which the Court has been concerned, and the more significant aspects of its practice and procedure in dealing with cases before it. It discusses the role of the Court in the international legal order, and its relationship with the UN's political organs. The thirty-three chapters are presented under five headings: the Court; the sources and evidences of international law; substance of international law; procedural aspects of the Court's work; the Court and the UN. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.
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A Functional Analysis

Author: Professor Karel Wellens

Publisher: Ashgate Publishing, Ltd.

ISBN: 147240369X

Category: Law

Page: 358

View: 1939

This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.
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Author: Hugh Thirlway

Publisher: Oxford University Press

ISBN: 0198779070

Category:

Page: 240

View: 666

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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Practice and Procedure

Author: Juan José Quintana

Publisher: BRILL

ISBN: 9004297510

Category: Law

Page: 1364

View: 2821

Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation.
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Author: Marlene Wind

Publisher: Cambridge University Press

ISBN: 1108427766

Category: Law

Page: 352

View: 4091

Explores how and why the rise in international courts impacts on domestic politics on both national and international levels.
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Its Role in the Maintenance of International Peace and Security

Author: Oliver James Lissitzyn

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777028

Category: Law

Page: 118

View: 7317

A successor to the League of Nation's Permanent Court of International Justice, the International Court of Justice was established in 1946 by the United Nations. Written during its early years, this incisive study outlines how the court functioned as an "instrument for the maintenance of international peace and security" and how it may function in the future. Though skeptical that the court would be a powerful institution, Lissitzyn believed its rulings would have a modest but notable effect on the development of international law. Long out of print, this essay was originally published in the Carnegie series United Nations Studies.
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Author: James Green

Publisher: Bloomsbury Publishing

ISBN: 1847315208

Category: Law

Page: 246

View: 4141

The legal rules governing the use of force between States are one of the most fundamental, and the most controversial, aspects of international law. An essential part of this subject is the question of when, and to what extent, a State may lawfully use force against another in self-defence. However, the parameters of this inherent right remain obscure, despite the best efforts of scholars and, notably, the International Court of Justice. This book examines the burgeoning relationship between the ICJ and the right of self-defence. Since 2003 there have been three major decisions of the ICJ that have dealt directly with the law governing self-defence actions, in contrast to only two such cases in the preceding fifty years. This, then, is an opportune moment to reconsider the jurisprudence of the Court on this issue. This book is the first of its kind to comprehensively draw together and then assess the merits of this jurisprudence. It argues that the contribution of the ICJ has been confused and unhelpful, and compounds inadequacies in existing customary international law. The ICJ's fundamental conception of a primary criterion of 'armed attack' as constituting a qualitatively grave use of force is brought into question. The book then goes on to examine the underlying causes of the problems that have emerged in the jurisprudence on this crucial issue. Winner of the American Society of International Law's Lieber Society Book Prize 2009 Dr Green's monograph demonstrates a thorough understanding of the law of self-defence, coupled with an informed and evaluative discussion of the role and function of the International Court. It is an impressive analysis of the International Court of Justice's jurisprudence on self-defence. Professor Iain Scobbie, Judge of the American Society of International Law's Lieber Society Book Prize 2009, Sir Joseph Hotung Research Professor, School of Oriental and African Studies, London James Green's "The International Court of Justice and Self-Defence in International Law" usefully draws together the jurisprudence of the International Court of Justice on the international law governing self-defence. The work could not be more timely in light of both contemporary State practice and the Court's recent controversial judgements on the topic. Of particular note is his analysis of the very complex, and as yet unsettled, notion of "armed attack." Professor Michael Schmitt, Chairman of the American Society of International Law's Lieber Society Book Prize Committee, Chair of Public International Law, Durham University Winner of the University of Reading Faculty of Social Sciences outputs prize for the best research output in 2010.
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Author: Thomas G. Weiss,Sam Daws

Publisher: Oxford University Press

ISBN: 0192524658

Category: Political Science

Page: 816

View: 9941

This Handbook provides in one volume an authoritative and independent treatment of the UN's seventy-year history, written by an international cast of more than 50 distinguished scholars, analysts, and practitioners. It provides a clear and penetrating examination of the UN's development since 1945 and the challenges and opportunities now facing the organization. It assesses the implications for the UN of rapid changes in the world - from technological innovation to shifting foreign policy priorities - and the UN's future place in a changing multilateral landscape. Citations and additional readings contain a wealth of primary and secondary references to the history, politics, and law of the world organization. This key reference also contains appendices of the UN Charter, the Statute of the International Court of Justice, and the Universal Declaration of Human Rights.
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Implementing the Complementarity Principle of the Rome Statute

Author: Muyiwa Adigun

Publisher: Routledge

ISBN: 1351580213

Category: Law

Page: 248

View: 1800

If Nigeria fails to prosecute the crimes recognised under the Rome Statute, then the International Criminal Court (ICC) will intervene. The ICC is only expected to complement the criminal justice system in Nigeria and is not a court of first instance, but one of last resort. This is what is known as the principle of complementarity. Before the ICC can step in, it must make a finding of ‘unwillingness’ or ‘inability’ on the part of Nigeria. It is only after this finding is made that the ICC can take over the prosecution of the crimes recognised under the Statute from Nigeria. This book examines the criminal justice process in Nigeria and discovers that the justice system is latent with the requirements of ‘unwillingness’ and ‘inability.’ The requirements, which serve as tests for assessment, are as they are laid down by the Rome Statute and interpreted by the ICC. This book offers recommendations as to what Nigeria must do in order to avoid the ICC intervention by reversing those parameters that give rise to ‘unwillingness’ and ‘inability.’ The International Criminal Court and Nigeria: Implementing the Complementarity Principle of the Rome Statute offers a contribution to the advancement of international law and will be of practical use to African countries. It aims to sensitise policy makers in different African countries in respect of policy options open to them to close impunity gap in their respective countries. This volume addresses the topics with regard to international criminal law and comparative public law and will be of interest to researchers, academics, organizations, and students in the fields of international law, governance, and comparative criminal justice.
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Author: William A. Schabas

Publisher: Cambridge University Press

ISBN: 1139496603

Category: Law

Page: N.A

View: 5864

The International Criminal Court has ushered in a new era in the protection of human rights. Protecting against genocide, crimes against humanity and war crimes, the Court acts when national justice systems are unwilling or unable to do so. Written by the leading expert in the field, the fourth edition of this seminal text considers the Court in action: its initial rulings, cases it has prosecuted and cases where it has decided not to proceed, such as Iraq. It also examines the results of the Review Conference, by which the crime of aggression was added to the jurisdiction of the Court and addresses the political context, such as the warming of the United States to the Court and the increasing recognition of the inevitability of the institution.
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The Rise of the International Judiciary

Author: Ole Spiermann

Publisher: Cambridge University Press

ISBN: 9781139442688

Category: Law

Page: N.A

View: 7868

The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
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Fifth Revised Edition

Author: Benedetto Conforti,Carlo Focarelli

Publisher: BRILL

ISBN: 9004318534

Category: Law

Page: 524

View: 3863

The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present.
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A Guide to Mooting

Author: Christopher Kee

Publisher: Cambridge University Press

ISBN: 9780521685139

Category: Law

Page: 151

View: 3375

The Art of the Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to undertake or participate in an international mooting competition, The Art of the Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject manner, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun.
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Author: Mohamed Shahabuddeen

Publisher: Cambridge University Press

ISBN: 9780521046718

Category: Law

Page: 268

View: 384

Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
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Why the Supreme Court is Not a Court and Its Justices are Not Judges

Author: Eric J. Segall

Publisher: ABC-CLIO

ISBN: 0313396876

Category: Law

Page: 219

View: 5388

This book explores some of the most glaring misunderstandings about the U.S. Supreme Court—and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen.
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Author: Robert Kolb

Publisher: A&C Black

ISBN: 178225188X

Category: Law

Page: 1362

View: 5163

The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. 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, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales. Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars: 'Robert Kolb's International Court of Justice provides a magisterial, lucid study of its subject. The breadth and depth of the treatment are impressive: Kolb takes the reader from the history of the Court, to its role in international society, to the more technical questions concerning its composition, powers and procedures, to the development of its jurisprudence, and to its future. The finely grained discussion provides much more than a mere survey of the Court's constitutive instruments and decisions. It engages the Court as an institution and asks how it actually operates, and secures efficacy and authority in doing so. The book's careful and detailed coverage of the Court's legal framework and operation will benefit practitioners and scholars alike. There is no doubt that Kolb's volume immediately takes a place among the authoritative references on the Court.' ASIL Book Awards Committee
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