Fifty Years of the International Court of Justice :Essays in Honour of Sir Robert Jennings

Publication subTitle :Essays in Honour of Sir Robert Jennings

Author: Vaughan Lowe; Malgosia Fitzmaurice  

Publisher: Cambridge University Press‎

Publication year: 1996

E-ISBN: 9780511835414

P-ISBN(Paperback): 9780521550932

Subject: D994 normal law

Keyword: 国际法

Language: ENG

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Fifty Years of the International Court of Justice

Description

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.

Chapter

Theoretical foundations

Global public realm

Global social reality

3 The London Committee and the statute of the International Court of Justice

Introduction

The permanent court in exile

malkin's suggestion of an inter-allied committee

Malkin concluded:

The overtures to the united states

The establishment and work of the london committee

The reaction to the report of the london committee

Before the Dumbarton Oaks discussions

The Dumbarton Oaks discussions

The United Nations Committee of Jurists

The influence of the report of the london committtee

PART II The sources and evidences of international law

4 The International Court of Justice and the sources of international law

Treaties

Custom

The component elements of general custom

Particular customary law

Relation between treaty and custom

General principles of law

Judicial decisions

Teachings of publicists

Unilateral acts

Resolutions of international organizations

Concluding observations

5 Municipal law reasoning in international law

The shunning of municipal law

The dangers of recourse to municipal law

The Court

The law

Procedure and evidence

Differences may require adaptation, not rejection

Analogy

Conclusion

6 Estoppel and acquiescence

7 L'Equite dans la jurisprudence de la Cour Internationale de Justice

Le caractere normatif de l'equite

Equite et ex aequo et bono

Les raports entre equite et droit

L'equite a cote du droit: des rapports de juxtaposition

L'equite tenant lieu de droit: des rapports de substitution

L'equite dans le droit: des rapports d'integration

Conclusion

8 The International Court of Justice and the law of treaties

I

II

III

IV

9 International 'soft law': a contemporary assessment

Why revisit soft law?

The icj on soft law

Soft law and common interests

Soft enforcement

PART III Substance of international law

10 The Court's role in relation to international organizations

The advisory role of the court

Possibilities for expansion of the court's rule

The further extension of the right to request Advisory Opinions

According this right to the Secretary-General

According the right to states

The greater use of the 'compulsive' or 'binding5 Advisory Opinion

The grant of locus standi to international organizations in contentious cases

The grant of powers of judicial review in relation to decisions of international organizations

11 Cases of the International Court of Justice relating to employment in international organizations

12 Jurisdiction and immunities

Jurisdictional issues not brought to the court

Disputes not referred to the Court

Disputes referred to the Court but which never reach determination on the merits

The court's assumption as to territorial and personal jurisdiction of states

Exercise of jurisdiction as an act of the state

Authority to exercise jurisdiction

Regulatory acts of state jurisdiction as violations of international law

Regulatory acts as a basis of title to territory

Timing of actionable effect

Limits to state jurisdiction

The duty of non-intervention

Limits within the territory of the territorial state

Immunities

Primacy of treaty

New developments in the jurisdictional field

13 Adjudication as a mode of acquisition of territory?

Introduction

Adjudication on territorial title

Judicial adjudication

Quasi-judicial adjudication

The International Court of Justice and constitutive effect

The demarcation of the boundary between iraq and kuwait

Resolution 687 as the legal basis of the demarcation

The Iraq—Kuwait Boundary Demarcation Commission

Concluding remarks

A limit to the power of the Security Council?

Adjudication as a mode of acquisition in modern international law

14 Equitable maritime boundary delimitation

Introductory remarks

The 1989 guinea-bissau v. senegal arbitral award case

The el salvador/honduras land, island and maritime frontier dispute case

Third-state intervention

Some issues of substance

The denmark v. norway maritime boundary in the area between greenland and jan mayen case

Provisional delimitation

Verification/adjustment of a provisional line

Conclusion

15 Environmental protection and the International Court of Justice

Introduction

Treatment of environmental issues in the jurisprudence of the court

Institutional developments in relation to environmental law

The ICJ or a special environmental body?

The creation by the ICJ of a Special Environmental Chamber

Recent and current cases before the court

conclusions

16 The contribution of the International Court of Justice to air law

The aerial incident, 1955

The aerial incident, 1988

The appeal relating to the jurisdiction of the icao council, 1972

Military and paramilitary activities in and against nicaragua (merits), 1986

The lockerbie incident, 1992

17 The treatment of human rights and of aliens in the International Court of Justice

In the permanent court of international justice

In the international court of justice

Human rights

Corfu Channel case

Reservations to the Genocide Convention

International Status of South West Africa

Reparation for Injuries case

Asylum case

Peace Treaties case

South West Africa cases

Continued Presence of South Africa in Namibia

Barcelona Traction

Nottebohm case

Western Sahara

Hostages case

Military and Paramilitary Activities in and against Nicaragua

ELS I cas

Lockerbie cases

Genocide in Bosnia

Aliens

18 The International Court of Justice and the right of peoples to self-determination

19 The International Court of Justice and the peaceful settlement of disputes

20 The International Court of Justice and the use of force

The question of justiciability

The court and the substantive law on the use of force

Conclusion

PART IV Procedural aspects of the work of the International Court of Justice

21 Procedural law and the International Court of Justice

I

II

22 The President of the International Court of Justice

23 Nationality of claims: some relevant concepts

I

II

III

IV

V

VI

24 The plea of domestic jurisdiction before the International Court of Justice: substance or procedure?

Indroduction

The main icj cases

The permanent court's precedents

Substance or procedure

A few concluding remarks

25 'Partial' judgments and the inherent jurisdiction of the International Court of Justice

Postscript

26 Intervention before the International Court of Justice

Introduction

Discretionary intervention

The provisions of the Statute and the Rules of the Court

The practice of the Court

Intervention as of right

Conclusion

27 The use of Chambers of the International Court of Justice

Introduction

The arguments of the system's proponents

The arguments of the system's antagonists

A voice in the composition of ad hoc Chambers

Intervention before Chambers

Regionalization of Chambers

The environmental chamber

28 The use of experts by the International Court of Justice

Introduction

The corfu channel case

Use of experts by the court in more recent cases

Maritime boundary cases

Case concerning the Frontier Dispute (Burkina Faso/Mali)

Non-use of experts by the court

Rejection of a party's equest

Decision proprio motu that expert opinion or inquiry not necessary

Aspect not reached on which expert inquiry possible

Advisory proceedings

A proposal for assessors and experts

29 Provisional measures

Parctice

The 1950s

The 1970s

The 1980s

The 1990s

Is the court's jurisdiction a prerequisite of the indication of provisional measures?

The purpose of provisional measures

Preservation of rights exposed to imminent breach which is irreparable

Prevention of aggravation and extension of disputes

Requests for interim judgments

The effects of provisional measures

30 Remedies in the International Court of Justice

The topic

The remedial competence of the court

Connected questions

Declaratory judgments

The declaratory judgment as a first stage in proceedings

A declaration of some form of legal entitlement

A declaration that certain conduct is contrary to international law

A declaration that specific acts of implementation of a decision are required

The declaration as a form of satisfaction

The declaration of the applicable principles and rulesof international law

Claims for damages

Restitutio in integrum

Causes of action: multiple complaints

Finale

31 A comment on the current health of Advisory Opinions

PART V The International Court of Justice and the United Nations

32 The General Assembly, the International Court and selfdetermination

Introduction

Southwest africa cases (second phase): decolonizing the court?

Decolonization and self-determination: continuity or dichotomy?

Decolonization and uti posssidetis: a problem of consistency?

Conclusions

Postscript

The Court's decision in the East Timor case

33 The International Court of Justice and the Security Council

Parallel functions

Negotiations sponsored by the security council and adjudication

Co-ordination: recommendations under article 36, paragraph 3 of the charter

Restriction of parallelism: the lockerbie cases

Exclusive competence of the security council?

Judicial review of council decisions?

Conclusions

Index

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