The Law and Procedure of the International Court of Justice Fifty Years of Jurisprudence

by Thirlway, Hugh

• ISBN13: 9780199668250
• ISBN10: 0199668256
• Format: Hardcover
• Copyright: 2013-04-22
• Publisher: Oxford University Press

Summary

This book provides a complete overview into the work of the International Court of Justice in the last twenty years. Since 1989, the author, a former Principal Legal Secretary to the International Court of Justice, contributed frequent articles on this subject to theBritish Yearbook ofInternational Lawcontinuing the work begun by Sir Gerald Fitzmaurice in 1950. This work brings together these articles in one place for the first time, with extensive cross-references, and a thorough index and tables, making it more accessible than ever. This collection addresses all of the areas of international law that the International Court of Justice has addressed with depth and nuance. The topics considered include general principles of law, sources of law, treaty interpretation, substantive issues such as the law of the sea, state sovereignty, and state responsibility, questions of jurisdiction and competence, and questions of the Court's procedure. A comprehensive work of incredible detail, this collection is essential reading for those studying the law and procedure of the International Court of Justice, and its role at the heart of the international legal system, as well as for practitioners appearing before the Court.

Table of Contents

I. General Principles and Sources of Law
Division A : General Principles
Introduction (1989)
1. Good Faith and Related Principles
2. International Rights and Obligations
3. Relationships Between Legal Orders
Division B: Sources of Law
Introduction (1990)
1. Miscellaneous Minor Sources or Pseudo-Sources
2. Treaties and Conventions in Force
3. Custom
4. General Principles of Law Recognised by Civilised Nations
5. Subsidiary Sources: Judicial Decisions
II. Treaty Interpretation and Other Treaty Points
Introduction (1991)
Division A: Treaty Interpretation
1. Introductory
2. Fitzmaurice's Principles in the Case Law of the Court, 1954-1989
3. Ancillary and Other Interpretative Findings
Division B: Other Treaty Points
1. Preliminary Matters
2. Conditions of the Formation of Agreement
3. The Treaty in Action
4. Conduct Inconsistent with a Treaty
5. Termination of Treaties
III. Points of Substantive Law, 1960-1989
Division A: The Law of the Sea
Introduction (1993)
1. Claims to Maritime Spaces: General Survey
2. Maritime Delimitation: Legal and Practical Aspects
3. Other Questions of the Law of the Sea
Introduction (1995)
Division B: State Sovereignty, Territory, and Frontiers
1. State Sovereignty
2. Acquisition of Territory
3. Land Frontiers
4. Territorial Disputes and the Critical Date
Division C: State Responsibility and International Claims
1. The 'Act Of The State' Under International Law
2. The Breach of an International Obligation
3. Circumstances Precluding Wrongfulness
4. The Rule of Exhaustion of Local Remedies
5. Reparation and Restitution
Division D: International Organisations
Introduction (1996)
Introduction (2009)
1. International Organisations in General
2. The United Nations: 1996
3. Summary (1996) of Decisions Relating to International Organisations
IV. Questions of Jurisdiction and Competence
Introduction (1998)
Preface (2010)
1. Jurisdiction in Contentious Cases
2. Jurisdiction and its Exercise in Advisory Proceedings
3. Jurisdiction and its Non-Exercise: 'General Admissibility' in Contentious and Advisory Proceedings
V. Questions of Procedure, 1954-1989
1. The Composition of the Court for Particular Cases
2. The Institution of Proceedings
3. Incidental Proceedings