International Court of Justice

Antônio Augusto Cançado Trindade & Dean Spielmann
Pages: 48 pages
Shipping Weight: 450 gram
Published: 01-2014
Publisher: WLP
Language: US
ISBN (softcover) : 9789462400733

Product Description

Judge Antônio Augusto Cançado Trindade traces the line of evolution of the realization of international justice along one century. In the current era of international tribunals, he identifies the advances achieved in their common mission, the current challenges faced by them, and the prospects for the future.President Dean Spielmann underlines the close link between the International Court of Justice and the European Court of Human Rights and the need to maintain this link in order to preserve harmony in the case-law at international level.

Le Juge Antônio Augusto Cançado Trindade trace les lignes de l`évolution du droit international au cours d`un siècle. Dans la période actuelle des tribunaux internationaux, il identifie les avancées dans leur mission commune, les défis auxquels ils font face actuellement et les perspectives d`avenir. Le Président Dean Spielmann met en exergue le lien étroit entre la Cour internationale de Justice et la Cour européenne des droits de l`homme et la nécessité de maintenir ce lien pour préserver l`harmonie jurisprudentielle au niveau international.

English / French publication!

The conscience of the civilized world
Arthur Eyffinger
Pages: 240 pages
Shipping Weight: 650 gram
Published: 11-2007
Publisher: WLP
Language: US
ISBN (softcover) : 9789058507594

Product Description

The book is the successor of the authors monumental and ASIL Award-winning commemorative books on the International Court of Justice (1996) and the First Hague Peace Conference (1999). The present publication links its two predecessors in bridging the gap between that first seminal gathering of the nations in The Hague in 1899 and the institutionalization of the international judicature in 1922.

The book presents a comprehensive overview of the first ever and unique diplomatic gathering of the self-acclaimed Civilized World prior to the cataclysm of WWI. In its essentially interdisciplinary approach it offers insights into the complex political backdrop, the vexing legal challenges faced and the social atmosphere of the Conference. All this is enlightened with authentic source material and illustrated with pictures that captivate the world of the Belle Epoque.

This book offers
- A Sweeping Panorama of the Period
- A Rich Analysis of the Conventions
- Scores of Excerpts from Speeches of Delegates
- A Captivating Review of the Social Entourage
- A Dazzling Display of Photographs
- Historical Documents and Cartoons

a compilation of documents
L. de Beer
Pages: 800 pages
Shipping Weight: 850 gram
Published: 01-2011
Publisher: WLP
Language: US
ISBN (softcover) : 9789056440343

Product Description

Two international peace conferences were held just before and after the turn of the 20th century at The Hague, the Netherlands. These conferences shaped modern International (Criminal) Law. The Conventions turned out to be the basic principles of the laws of war into a written document agreed to by a Convention of delegates from all over the world. In this publication the most important documents related to this conference are being presented. The book starts with an introduction explaining the importance of the Conferences and conventions on the development of modern International Law. After the full text documents of both conventions there is a list added of signatory and contracting powers of the Hague Conventions and the Martens Clause is introduced. The Martens clause is highly instructive to the debate and tensions surrounding the laws of war.


The results and influence of both Hague conferences on International Law will be described in the second part of this book. The establishing of the Permanent Court of Arbitration is named and both pacific settlements are added. Moreover, the impact of the Geneva Conventions will be discussed and full text documents of those are appended. As a conclusion the dispute regulation, the reduction of armament and Humanitarian (war) Law is reviewed. The development of Humanitarian War Law, started as a core area of (the first) Hague Conference, turned out to be a pillar of today’s International Law.

The Advisory opinion on Israel
Solon Solomon
Pages: 212 pages
Shipping Weight: 410 gram
Published: 07-2009
Publisher: WLP
Language: US
ISBN (softcover) : 9789058504371

Product Description

 

The Legal Advisor of the Knesset Foreign Affairs and Defense Committee: A comprehensive legal, professional approach to a major security issue. The author`s analysis of the various legal arguments argued before the International Court of Justice, as well as their enrichment with new ones, shed light to a new dimension as far as justiciability of international disputes is concerned. Moreover, the inclusion also of the relevant decisions of the Israeli Supreme Court and their comparison with the Advisory Opinion of the Court`s international counterpart, render the book applicable and useful to the Israeli and international practitioner alike."

- Advocate Miri Frankel-Schor, the Legal Advisor of the Knesset Foreign Affairs and Defense Commitee -

From the introduction... While justiciability lato sensu factors are exterior to the international matter before the Court and do not affect irreversibly its non justiciable character which can be affirmed once these factors cease to exist, this is not the case with justiciability stricto sensu. There, the reasons of the matter’s non justiciability are embedded in it and cannot be separated from it, unless a change in the very essence of the issue occurs. In order to practically demonstrate the aforementioned remark, the advisory opinion on Israel’s security fence (hence the Opinion), will be used as an example. The treatise will argue that apart from non justiciability lato sensu issues, which could on their own lead to the non adjudication of the case such as the alleged bias of Judge Elaraby, the political motives behind the request, its high technical character as well as the lack of evidence, the Court should decline to render an opinion mainly due to reasons of non justiciability stricto sensu, attached to the very nature of the issue. In particular, these reasons can be found in the issue’s bilateral, contentious character and in the fence’s utter connection with the issue of the Israeli settlements. Although the Court itself opted to declare otherwise, it is true that the issue before it was of an intense bilateral character, since it was ultimately connected with that of the settlements. The latter, are deemed illegal by the Palestinians and legal by the Israeli side...

CONTENTS (ABRIDGED)
Chapter 1 The justiciability doctrine - Its nature and role in the adjucation of issues
Chapter 2 The justiciability doctrine and the advisory opinon on Israel`s security fence
Chapter 3 The Isreali Supreme Court and the security fence epilogue


The author, an international practitioner, has served in the Knesset Legal Department, in charge of international and constitutional issues. He has taken part in major symposia and international legal events and articles of his have been published in various legal journals. In 2008, after a relevant competition, the Hebrew University Law Faculty awarded him the George Weber award of excellency for his article on the legal status of the Gaza Strip and the relevant Israeli policy.

 

 







Reviews of the book

The Justiciability of International Disputes
http://internationallawobserver.eu/2010/08/03/book-review-solon-solomo
http://www.tandfonline.com/doi/full/10.1080/13537121.2011.547280#h13

Monika Stachonova
Pages: 146 pages
Shipping Weight: 450 gram
Published: 02-2014
Publisher: WLP
Language: US
ISBN (softcover) : 9789058871855

Product Description

States never in history suggested the act of promulgating the declaration of independence as contrary to international law. Would Kosovo be the first one? Its independence was declared unilaterally by the Parliament on 17 February 2008. “Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law?” This crucial question was laid down by Serbia before the International Court of Justice. The Court focused on the conformity of Kosovo’s independence with international law and after taking all the facts into consideration itissued an Advisory Opinion. By nine votes to five it concluded that the adoption of the declaration did not violate any applicable rule of international law.

Its history and landmark cases
W. van der Wolf, C. Tofan (eds,)
Shipping Weight: 800 gram
Published: 12-2011
Publisher: WLP
Language: US
ISBN (softcover) : 9789058871626

Product Description

 

 

The establishment of the Permanent Court of International Justice (PCIJ), the predecessor of the International Court of Justice, was provided for in the Covenant of the League of Nations. It held its inaugural sitting in 1922 and was dissolved in 1946.

The work of the PCIJ, the first permanent international tribunal with general jurisdiction, made possible the clarification of a number of aspects of international law, and contributed to its development.

Between 1922 and 1940 the PCIJ dealt with 29 contentious cases between States, and delivered 27 advisory opinions.

In this book a brief historical overview of the work of the Court is presented including all landmark cases of this important precessor of the International Court of Justice.

 

Facts and documents about the history of the court
E. van Heugten (ed.)
Shipping Weight: 700 gram
Published: 12-2011
Publisher: WLP
Language: US
ISBN (softcover) : 9789058871565

Product Description

 

In this book, the history and work of the International Court of Justice is commemorated. Its past and future role is examined from various angles which have been defined as "roles "played by the Court.

It illustrates its role as a mechanism for the settlement of disputes is examined, as well as its supervisory role, or, in other words, its possible role as supreme court in international law.

With the presentation of documents and materials also its advisory function is examined.

A discussion of landmarkcases by the Court concludes this book.

This book is a valuable source for scholars and students of international law; counsel, judges, and arbitrators involved in international law cases; government legal advisors.

 

C. Tofan (ed.)
Pages: pages
Shipping Weight: 950 gram
Published: 07-2009
Publisher: WLP
Language: US
ISBN (softcover) : 1875-3132

Product Description

The International Court of Justice is the principal judicial organ of the United Nations. It was established in June 1945 by the Charter of the United Nations and began its work in April 1946. The seat of the Court is at the Peace Palace in The Hague (the Netherlands). Of the six principal organs of the United Nations, it is the only one not located in New York (United States of America). The Court`s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.

The first volume of the collection has been published and contains basic documents related to the Court. Some treaties that confer jurisdiction on the ICJ are included in this book, among which: "Convention on Rights and Duties of States (Montevideo Convention)", "Universal Declaration of Human Rights", Declaration on the Definition of Agression", "1978 State Immunity Act", "Convention on the law of the non-navigational uses of international watercourses".

The series is divided into 3 parts:
Part A: This part contains volumes with documents and related materials on the establishment and history of the International Court of Justice. The Permanent Court of International Justice documents are included in this part.
Part B: This part contains documents on the Court such as the latest version of the Statute and Rules of Procedure.
Part C: This part contains the cases brought before the Court.
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