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A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Book Synopsis Fact-Finding before the International Court of Justice by : James Gerard Devaney
Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney and published by Cambridge University Press. This book was released on 2016-09-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of the topical issue of fact-finding which makes realistic proposals to address the ICJ's problematic practice in this area.
Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
Book Synopsis Evidence Before the International Court of Justice by : Anna Riddell
Download or read book Evidence Before the International Court of Justice written by Anna Riddell and published by British Institute for International & Comparative Law. This book was released on 2009 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some recent contentious issues about the use of evidence in cases before the International Court of Justice have highlighted the importance of fact-finding and the use of evidence before this Court. This major study on the issue of evidence before the International Court of Justice has examined all aspects of the Court's relationship with facts - in both contentious and advisory proceedings - from the recently refined procedure for submitting late evidence, to the hearing of live witness testimony in the Peace Palace. Considerations of flexibility and respect for the sovereignty of the State Parties before the Court have traditionally deterred the Court from constructing concrete rules on matters of evidence, but the increasing numbers of cases, in which a thorough consideration of the facts has been essential, has highlighted that some detailed procedural guidance is necessary in order to ensure a well-functioning system of adjudication. It is apparent that the Court has paid an increasing amount of attention to its evidentiary proceedings as a result, often encountering difficulties in the inherent tensions between the common and civil law traditions and thus a divergence of opinions on the Bench. This book examines the history and development of the treatment of evidence, including the early days of the Permanent Court of International Justice - the predecessor of the International Court of Justice - up to the recent Nicaragua v Honduras judgment, critically analyzing the Statute and Rules of the Court, dicta from judgments and separate and dissenting opinions, the newly developed Practice Directions, and academic writings on the subject. The book not only provides an academic discussion of the subject, but also acts as a guide to practitioners appearing before the Court.
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 This title is included in Bloomsbury Professional's International Arbitration online service.
Book Synopsis The International Court of Justice by : Robert Kolb
Download or read book The International Court of Justice written by Robert Kolb and published by A&C Black. This book was released on 2014-07-18 with total page 1754 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 This title is included in Bloomsbury Professional's International Arbitration online service.
"In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.
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 and published by Oxford University Press. This book was released on 2016 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law." --book flap.
This volume is the seminal work on fact-finding and international tribunals. It addresses the many questions raised in recent cases before the International Court of Justice, the Iran-United States Claims Tribunal, the European Court of Justice, various international administrative tribunals, human rights courts, and commissions. Its 15 chapters, introduced by a perceptive essay by Judge Schwebel for the International Court of Justice, have been written by present or former members of such international bodies, leading lawyers who have appeared before them, and distinguished academic lawyers from the United States and abroad.
Book Synopsis Fact-finding Before International Tribunals by : Richard B. Lillich
Download or read book Fact-finding Before International Tribunals written by Richard B. Lillich and published by Hotei Publishing. This book was released on 1992-01-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the seminal work on fact-finding and international tribunals. It addresses the many questions raised in recent cases before the International Court of Justice, the Iran-United States Claims Tribunal, the European Court of Justice, various international administrative tribunals, human rights courts, and commissions. Its 15 chapters, introduced by a perceptive essay by Judge Schwebel for the International Court of Justice, have been written by present or former members of such international bodies, leading lawyers who have appeared before them, and distinguished academic lawyers from the United States and abroad.
This volume collects papers written by Shabtai Rosenne in the course of his distinguished career on various topics, primarily in the areas in which he is best known for his expertise: international litigation and courts, the law of treaties, the law of the sea and state responsibility. His writing on fact-finding before the International Court of Justice, treaty succession, codification and the framework agreement as the basis for the jurisdiction of the ICJ in particular remain as interesting, timely and essential today as when they were first written. The collection is accompanied by a table of cases, a table of treaties and an index for easy reference.
Book Synopsis Essays on International Law and Practice by : Shabtai Rosenne
Download or read book Essays on International Law and Practice written by Shabtai Rosenne and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects papers written by Shabtai Rosenne in the course of his distinguished career on various topics, primarily in the areas in which he is best known for his expertise: international litigation and courts, the law of treaties, the law of the sea and state responsibility. His writing on fact-finding before the International Court of Justice, treaty succession, codification and the framework agreement as the basis for the jurisdiction of the ICJ in particular remain as interesting, timely and essential today as when they were first written. The collection is accompanied by a table of cases, a table of treaties and an index for easy reference.
Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
Book Synopsis Fact-Finding without Facts by : Nancy A. Combs
Download or read book Fact-Finding without Facts written by Nancy A. Combs and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
Book Synopsis A Common Law of International Adjudication by : Chester Brown
Download or read book A Common Law of International Adjudication written by Chester Brown and published by Oxford University Press on Demand. This book was released on 2007 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.
An in-depth analysis of the remedies of international law used by the International Court of Justice to resolve inter-state disputes.
Book Synopsis Remedies before the International Court of Justice by : Victor Stoica
Download or read book Remedies before the International Court of Justice written by Victor Stoica and published by Cambridge University Press. This book was released on 2021-03-11 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth analysis of the remedies of international law used by the International Court of Justice to resolve inter-state disputes.
Book Synopsis Fact-finding Before International Tribunals by : Richard B. Lillich
Download or read book Fact-finding Before International Tribunals written by Richard B. Lillich and published by . This book was released on 1992 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
