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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 ofthe 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.
Andreas Zimmermann is Professor at the University of Potsdam and Director of the Potsdam Centre of Human Rights. He is a former Member of the German delegation to the Preparatory Committee and the United Nations Diplomatic Conference on the Establishment of an International Criminal Court, and a member of the Permanent Court of Arbitration. He is co-editor of The Statute of the International Court of Justice - A Commentary' (Oxford University Press, 2006) and editor of the The 1951 Convention on the Status of refugees and its 1967 Protocol - A Commentary (Oxford University Press, 2011).
Karin Oellers-Frahm is a Senior Researcher (retired) at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg.
Christian Tomuschat is former Professor of Constitutional and International law in Bonn and at Humboldt University Berlin. He was a Member of UN Human Rights Committee, the UN International Law Commission,and Rapporteur on the situation of human rights in Guatemala for UN Commission on Human Rights. Professor Tomuschat was President of German Society of International law, is a Member of the Institut de droit international and is Counsel for German Government in proceedings before the International Court of Justice and the European Court of Human Rights.
Christian J. Tams is Professor of International Law at the University of Glasgow (U.K.). He is a qualified lawyer in Germany and holds LL.M. and Ph.D. degrees from the University of Cambridge. His research in international law focuses on investment protection, the role of international courts and tribunals, and the law of State responsibility. In addition to his academic work, he has advised states in proceedings before the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS). He is a member of the German Court of Arbitration for Sports and of the ILA Committee on the Use of Force, and has held visiting appointments at universities in China, France and Lithuania.
Table of Contents
Abbreviations List of Authors General Bibliography Table of Cases I-ICJ Table of Cases II-PCIJ Table of Cases III-Other Bodies PART ONE: INTRODUCTION General Introduction, Sir Robert Jennings/Dame Rosalyn Higgins Historical Introduction, Ole Spiermann PART TWO: RELEVANT PROVISIONS OF THE UN CHARTER Article 2, para. 3 UN Charter, Christian J. Tams Article 7 UN Charter, Vera Gowlland Debbas Article 33 UN Charter, Christian Tomuschat Article 36 UN Charter, Thomas Giegerich Article 92 UN Charter, Karin Oellers-Frahm Article 93 UN Charter, Karin Oellers-Frahm Article 94 UN Charter, Karin Oellers-Frahm Article 95 UN Charter, Karin Oellers-Frahm Article 96 UN Charter, Karin Oellers-Frahm PART THREE: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE Article 1, Vera Gowlland Debbas Chapter I. Organization of the Court Article 2, Mariano Aznar Gomez Article 3, Mariano Aznar Gomez Article 4, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin Article 5, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin Article 6, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin Article 7, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin Article 8, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin Article 9, Bardo Fassbender Article 10, Bardo Fassbender Article 11, Bardo Fassbender Article 12, Bardo Fassbender Article 13, John Dugard Article 14, John Dugard Article 15, John Dugard Article 16, Philippe Couvreur Article 17, Philippe Couvreur Article 18, David Anderson/Samuel Wordsworth Article 19, David Anderson/Samuel Wordsworth Article 20, Daniel Erasmus Khan Article 21, Malcom Shaw Article 22, Malcom Shaw Article 23, Stefan Talmon Article 24, Sir Robert Jennings/Philippe Couvreur Article 25, Paolo Palchetti Article 26, Paolo Palchetti Article 27, Paolo Palchetti Article 28, Paolo Palchetti Article 29, Paolo Palchetti Article 30, Hugh Thirlway Article 31, Pieter Hendrik Kooijmans Article 32, Carlos Esposito Massicci Article 33, Carlos Esposito Massicci Relationship with Other International Courts and Tribunals, Giorgio Gaja Chapter II. Competence of the Court Article 34, Pierre-Marie Dupuy Article 35, Andreas Zimmermann Article 36, Christian Tomuschat Article 37, Judge Bruno Simma/Daphne Richemond Article 38, Alain Pellet General Principles of Procedural Law, Robert Kolb Chapter III. Procedure Article 39, Marcelo Kohen Article 40, Sienho Yee Counter-Claims, Sean D. Murphy Article 41, Karin Oeller-Frahm Article 42, Sir Franklin Berman Article 43, Stefan Talmon Article 44, Christian Walter Article 45, Sienho Yee Article 46, Sabine von Schorlemmer Article 47, Sabine von Schorlemmer Article 48, Santiago Torres Bernardez Evidentiary Issues, Markus Benzing Article 49, Christian J. Tams Article 50, Christian J. Tams Article 51, Christian J. Tams Article 52, Christian J. Tams Article 53, Hans von Mangoldt/Andreas Zimmermann Article 54, Bardo Fassbender Article 55, Bardo Fassbender Article 56, Lori Damrosch Article 57, Rainer Hofmann/Tilman Laubner Article 58, Daniel Erasmus Khan Article 59, Chester Brown Discontinuation and Withdrawal, Gerhard Wegen Article 60, Andreas Zimmermann/Tobias Thienel Article 61, Andreas Zimmermann/Robin Geiss Article 62, Christine Chinkin Article 63, Christine Chinkin Article 64, Carlos Esposito Massicci Chapter IV. Advisory Opinions Article 65, Jochen Abr. Frowein/Karin Oellers-Frahm Article 66, Andreas Paulus Article 67, Andreas Paulus Article 68, Judge Jean Pierre Cot Chapter V. Amendment Article 69, Wolfram Karl Article 70, Wolfram Karl Appendix 1: Statute of the International Court of Justice Appendix 2: Rules of Court Index