fact finding before the international court of justice

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Fact Finding Before The International Court Of Justice

Author : James Gerard Devaney
ISBN : 9781316720899
Genre : Law
File Size : 77. 64 MB
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Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Evidence Before The International Court Of Justice

Author : Anna Riddell
ISBN : STANFORD:36105134453476
Genre : Law
File Size : 55. 81 MB
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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 Statute Of The International Court Of Justice

Author : Andreas Zimmermann
ISBN : 9780191632549
Genre : Law
File Size : 71. 12 MB
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The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

Litigation At The International Court Of Justice

Author : Juan José Quintana
ISBN : 9789004297517
Genre : Law
File Size : 71. 70 MB
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Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation.

Justice In International Law

Author : Stephen M. Schwebel
ISBN : 0521462843
Genre : Law
File Size : 24. 21 MB
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Judge Stephen M. Schwebel has been a highly-respected member of the International Court of Justice since 1981. This volume brings together thirty-six of his legal articles and commentaries of continuing interest. He examines the performance and capacity of the International Court of Justice; aspects of international arbitration; problems of the United Nations; questions of international contracts and taking foreign property interests; and the development of international law, and in particular the central problem of the unlawful use of force.

Bibliography Of The International Court Of Justice

Author : International Court of Justice
ISBN : 9210710150
Genre : Law
File Size : 85. 14 MB
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This publication contains bibliographical references relating to the International Court of Justice received by the Registry of the Court during the year 1999. The entries have been organised under a number of headings including: general writings on the Court, establishment of the international judicial system, organisation and jurisdiction of the Court, procedure and cases before the Court.

Fact Finding Before International Tribunals

Author : Richard B. Lillich
ISBN : STANFORD:36105044543382
Genre : Fiction
File Size : 47. 79 MB
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Essays On International Law And Practice

Author : Shabtai Rosenne
ISBN : 9789004155367
Genre : Law
File Size : 54. 64 MB
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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.

The African Charter On Human And Peoples Rights

Author : Professor of Public International Law Malcolm Evans
ISBN : 0521802075
Genre : Law
File Size : 80. 5 MB
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Rights: Malcolm Evans, Tokunbo Ige and Rachel Murray

Compliance With Decisions Of The International Court Of Justice

Author : Constanze Schulte
ISBN : STANFORD:36105063936798
Genre : Law
File Size : 36. 72 MB
Format : PDF
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The book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehensive analysis of the follow-up of the ICJ's judgments and interim measures from the Court's creation in 1945 until the present day. The author examines the reasons for differences in the track records of judgments and provisional measures and explores mechanisms that could be conducive to enhanced compliance.

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