Legacies Of The Permanent Court Of International Justice

'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.

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.

The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.

The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.

Chapter 9 The Hague as a framework for British and American newspapers' public presentations of the First World War -- Notes -- Chapter 10 Norway's legalistic approach to peace in the aftermath of the First World War -- The Scandinavian proposal for an international judicial organisation -- Drafting the Permanent Court of International Justice's statute -- The establishment of the Permanent Court of International Justice -- Conclusion -- Notes -- Chapter 11 Against the Hague Conventions: Promoting new rules for neutralityin the Cold War -- The communist 're-discovery' of neutrality -- Attempts at reshaping neutrality in the Cold War era -- New rules for neutrals -- Conclusion -- Notes -- Chapter 12 The neutrals and Spanish neutrality: A legal approach to international peacein constitutional texts -- A commitment to peace -- (Re)defining neutrality in a system of collective security in the League of Nations era -- The law of war in an age of democracy -- Conclusions -- Notes -- Index

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. Between 1922 and 1940, the PCIJ dealt with 29 contentious cases between States and delivered 27 advisory opinions. This book presents a brief historical overview of the work of the Court, including all landmark cases of this important predecessor of the International Court of Justice.