The Development Of International Law By The International Court Of Justice

The book appraises the international judicial process and will be of value to anyone interested in this subject.

This book assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process.

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.

This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

"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.

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History