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

Hardcover | May 28, 2013

byHugh Thirlway

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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 the British Yearbook ofInternational Law continuing 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, statesovereignty, 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 theheart of the international legal system, as well as for practitioners appearing before the Court.

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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 the British Yearbook ofInternational Law continuing the work begun by Sir...

Hugh Thirlway was Principal Legal Secretary to the International Court of Justice from 1989 to 1994, and has since been Professor of International Law at the Graduate Institute of International Studies, Geneva, Visiting Professor to Bristol University, and Visiting Professor to the University of Leiden.

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Format:HardcoverDimensions:1800 pagesPublished:May 28, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199668256

ISBN - 13:9780199668250

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Table of Contents

I. General Principles and Sources of LawDivision A : General PrinciplesIntroduction (1989)1. Good Faith and Related Principles2. International Rights and Obligations3. Relationships Between Legal OrdersDivision B: Sources of LawIntroduction (1990)1. Miscellaneous Minor Sources or Pseudo-Sources2. Treaties and Conventions in Force3. Custom4. General Principles of Law Recognised by Civilised Nations5. Subsidiary Sources: Judicial DecisionsII. Treaty Interpretation and Other Treaty PointsIntroduction (1991)Division A: Treaty Interpretation1. Introductory2. Fitzmaurice's Principles in the Case Law of the Court, 1954-19893. Ancillary and Other Interpretative FindingsDivision B: Other Treaty Points1. Preliminary Matters2. Conditions of the Formation of Agreement3. The Treaty in Action4. Conduct Inconsistent with a Treaty5. Termination of TreatiesIII. Points of Substantive Law, 1960-1989Division A: The Law of the SeaIntroduction (1993)1. Claims to Maritime Spaces: General Survey2. Maritime Delimitation: Legal and Practical Aspects3. Other Questions of the Law of the SeaIntroduction (1995)Division B: State Sovereignty, Territory, and Frontiers1. State Sovereignty2. Acquisition of Territory3. Land Frontiers4. Territorial Disputes and the Critical DateDivision C: State Responsibility and International Claims1. The 'Act Of The State' Under International Law2. The Breach of an International Obligation3. Circumstances Precluding Wrongfulness4. The Rule of Exhaustion of Local Remedies5. Reparation and RestitutionDivision D: International OrganisationsIntroduction (1996)Introduction (2009)1. International Organisations in General2. The United Nations: 19963. Summary (1996) of Decisions Relating to International OrganisationsIV. Questions of Jurisdiction and CompetenceIntroduction (1998)Preface (2010)1. Jurisdiction in Contentious Cases2. Jurisdiction and its Exercise in Advisory Proceedings3. Jurisdiction and its Non-Exercise: 'General Admissibility' in Contentious and Advisory ProceedingsV. Questions of Procedure, 1954-19891. The Composition of the Court for Particular Cases2. The Institution of Proceedings3. Incidental Proceedings