Title The International Court of Justice : an arbitral tribunal or a judicial body? / Serena Forlati

Published Cham : Springer, 2014

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Description 1 online resource (xiii, 235 pages) Contents Introduction -- Introduction to Part I -- The ICJ's Power to Adopt Rules of Court and Practice Directions -- The Composition of the Bench in Particular Cases -- The Representation of the Parties before the ICJ -- The Organisation of Contentious Proceedings -- The Adoption of Provisional Measures under Article 41 of the Statute -- Conclusions to Part I -- Introduction to Part II -- Judgments infra Petita -- Judgments ultra Petita -- Conclusions to Part II -- Introduction to Part III -- Intervention under Article 63 of the Statute -- Intervention under Article 62 -- Conclusions to Part III -- Conclusions Summary The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties' consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration Bibliography Includes bibliographical references Notes English Online resource; title from PDF title page (SpringerLink, viewed July 3, 2014) Print version record Subject International Court of Justice SUBJECT International Court of Justice fast Subject International law. LAW -- International. International law International Court of Justice. Procedure. Contentious procedure. Interested party. International arbitration. Judicial settlement of international disputes. International law of procedure. Form Electronic book ISBN 9783319061795 3319061798 331906178X 9783319061788 9783319061801 3319061801 9783319358987 3319358987

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