| Description |
1 online resource (974 pages) |
| Contents |
Cover Page; Title Page; Copyright Page; Preface; Contents; List of Abbreviations; List of Contributors; Table of Cases; I. PROLOGUE; 1. General Introduction; 2. The International Court of Justice as an 'Agent' of Legal Development?; 1. Introduction; 2. Legislative intent; 3. The World Court's approach; 4. The effect of the Court's judicial activity; 5. Concluding remarks; II. THE LAW OF TREATIES; 3. The Role of the International Court of Justice in the Development of the Contemporary Law of Treaties; 1. Introduction; 2. The Court and the diversity of forms and actors involved in treaty-making |
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3. The Court, the hierarchization of international law, and the concept of collective interest treaties4. The ICJ and the unity of the international system; 5. Concluding remarks; 4. The International Court of Justice and State Succession to Treaties: Avoiding Principled Answers to Questions of Principle; 1. Introduction; 2. Distinguishing state succession from state identity/continuity in the jurisprudence of the ICJ; 3. Treaty succession in the jurisprudence of the ICJ; 4. Impact of the Court's jurisprudence on the law of treaty succession; III. THE LAW OF CLAIMS |
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5. The International Court of Justice and the Law of State Responsibility1. Introduction; 2. Contribution of the PCIJ to the law of state responsibility; 3. The ICJ's first responsibility cases and the initiation of the ILC's work on responsibility; 4. Ago's influence on the ILC's work; 5. The introduction of the concept of obligations owed to the international community as a whole; 6. The Court's activism in Gabčíkovo-Nagymaros; 7. Reception and influence of the ILC Articles; 8. Conclusion; 6. Diplomatic Protection and the International Court of Justice; 1. Introduction |
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2. Origins of the doctrine of diplomatic protection3. The inter-war period: the contours of the doctrine as shaped by the PCIJ; 4. Diplomatic protection in the ICJ; 5. Conclusions: progress and stagnation; 7. Jurisdictional Immunities; 1. Introduction; 4. The ICJ versus other international lawmaking processes; 5. Conclusion; 3. More contentious questions; 2. Less contentious questions; IV. SPATIAL REGIMES; 8. The International Court of Justice and the Law of Territory; 1. Introduction; 2. Sovereignty, territory, and title; 3. Pre-colonial title; 4. Validity of colonial title |
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5. Self-determination and the process of decolonization6. Uti possidetis; 7. Title and boundary treaties; 8. Relevance of the exercise of effective authority (effectivités); 9. Territorial integrity and secession in the post-independence situation; 10.A role for human rights?; 11.Conclusion; 9. The Development of the Law of the Sea by the International Court of Justice; 1. Introduction; 2. The development of international law by the ICJ; 3. The agents of development of the law of the sea; 4. Influencing the development of the law: kind and degree |
| Summary |
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 astreaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as |
| Notes |
Print version record |
| Subject |
International Court of Justice -- Influence
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| SUBJECT |
International Court of Justice fast |
| Subject |
International Court of Justice
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Human rights.
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International law -- History.
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Human rights
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Influence (Literary, artistic, etc.)
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International law
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| Genre/Form |
History
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| Form |
Electronic book
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| Author |
Sloan, James
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| ISBN |
9780191650345 |
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019165034X |
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