EVIDENCE BEFORE THE INTERNATIONAL COURT OF JUSTICE

Download Evidence Before The International Court Of Justice ebook PDF or Read Online books in PDF, EPUB, and Mobi Format. Click Download or Read Online button to EVIDENCE BEFORE THE INTERNATIONAL COURT OF JUSTICE book pdf for free now.

Evidence Before The International Court Of Justice

Author : Anna Riddell
ISBN : 1905221630
Genre : Law
File Size : 25.44 MB
Format : PDF, ePub, Mobi
Download : 283
Read : 303

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 incre
Category: Law

Evidence Before The International Court Of Justice

Author : Anna Riddell
ISBN : STANFORD:36105134453476
Genre : Law
File Size : 60.71 MB
Format : PDF, Docs
Download : 594
Read : 501

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.
Category: Law

Fact Finding Before The International Court Of Justice

Author : James Gerard Devaney
ISBN : 9781316720899
Genre : Law
File Size : 81.29 MB
Format : PDF, ePub, Mobi
Download : 336
Read : 352

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.
Category: Law

The International Court Of Justice

Author : Robert Kolb
ISBN : 9781782256038
Genre : Law
File Size : 85.22 MB
Format : PDF, Kindle
Download : 950
Read : 813

Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales.
Category: Law

Nicaragua Before The International Court Of Justice

Author : Edgardo Sobenes Obregon
ISBN : 9783319629629
Genre : Law
File Size : 46.5 MB
Format : PDF, ePub, Mobi
Download : 815
Read : 555

This book analyses Nicaragua's role in the development of international law, through its participation in cases that have come before the International Court of Justice. Nicaragua has appeared before the ICJ in fourteen cases, either as an applicant, respondent or intervening State, thus setting an important example of committment to the peaceful judicial settlement of disputes. The “Nicaraguan” cases have enabled the ICJ to take positions on and clarify a whole range of important procedural, jurisdictional and substantive legal issues, which have inspired the jurisprudence of international and regional courts and tribunals and influenced the development of international law. The book focuses on reviewing Nicaragua's cases before the ICJ, using a thematic approach to identify their impact on international law. Each chapter includes a discussion of the relevant cases on a particular theme and their impact over time on general as well as specific branches of international law, notably through their use as precedent by other international and regional courts and tribunals.
Category: Law

Litigation At The International Court Of Justice

Author : Juan José Quintana
ISBN : 9789004297517
Genre : Law
File Size : 28.95 MB
Format : PDF, ePub, Docs
Download : 696
Read : 937

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.
Category: Law

The Icj And The Evolution Of International Law

Author : Karine Bannelier
ISBN : 9781136619304
Genre : Law
File Size : 30.75 MB
Format : PDF, ePub
Download : 973
Read : 1182

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court’s decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision — a landmark for international law; and one which today warrants reconsideration. Taking a critical approach, this book examines the decision’s influence on international law generally and on some fields of international law like the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including four well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History
Category: Law

Evidence Before International Tribunals

Author : Durward Valdamir Sandifer
ISBN : STANFORD:36105044450307
Genre : Law
File Size : 41.26 MB
Format : PDF, Docs
Download : 162
Read : 939

This study is based on an examination of all available records in the field of evidence from the 18th century to date. Acid-free reprint of University of Virginia Press, 1975. Distributed by William S. Hein & Co., Inc.
Category: Law