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This work analyzes the complexity of interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal.
This work analyzes the complexity of interpretation, revision, and other forms of 'reference' to the International Court from some other international body, court or arbitral tribunal.
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
On the 10th of October 2002 the International Court of Justice delivered the Bakassi decision, which, amongst other things, excised the resource rich land and maritime territory of Bakassi from Nigeria and transferred its legal title to Cameroon. These two countries under the auspices of the United Nations established the mechanism of the Cameroon-Nigeria Mixed Commission to honour and implement their obligations under the ICJ decision. Over a decade after the ICJ decision this volume brings together academics and practitioners to assess the impact of this decision and the challenges and issues that have been raised in the course of its implementation. Hailed by some as a model of preventive diplomacy and a blueprint for the future, this timely assessment illuminates the difficulties in imposing such controversial decisions and considers whether this type of Mixed Commission is an adequate mechanism for implementing them.
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.
The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in the settlement of disputes and the development of international law. This commentary analyses the Statute of the Court and the related provisions of the UN charter and the Court's Rules of Procedure.
Reaching past the secrecy so often met in arbitration, the second edition of this commentary explains clearly and fully the workings of the UNCITRAL Rules of Arbitral Procedure recommended for use in 1976 by the United Nations. This new edition fully takes account of the revised Rules adopted in 2010 while maintaining coverage of the original Rules where these remain relevant. The differences between the old and the new Rules are clearly indicated and explained. Pulling together difficult to obtain sources from the Iran-United States Claims Tribunal, arbitrations under Chapter 11 of the North American Free Trade Agreement, and ad hoc arbitrations, it illuminates the shape the UNCITRAL Rules take in practice. The authors cogently critique that practice in the light of the negotiating history of the rules and solutions adopted by the other major private rules of arbitral procedure. To aid the specialist in the field, the practice of these various tribunals is extensively extracted and reproduced. Rich both in its analysis and sources, this text is indispensable for those working in or studying international arbitration.
'Legacies of the Permanent Court of International Justice' assesses the continuing relevance of the first 'world court' and shows how, for better or worse, it has shaped our thinking about binding legal dispute resolution.
This book critically engages with each step of the proceedings in the South China Sea landmark arbitration case, showing that the Arbitral Tribunal lacked jurisdiction to decide the case and that several of the claims presented were also inadmissible.
Terrorism: International Case Law Reporter is an annual collection of the most important cases in security law from around the world. Handpicked and introduced by internationally renowned terrorism scholar Michael Newton and by a distinguished board of experts from around the world, the cases in this series cover topics as diverse as human rights, immigration, freedom of speech, and organizational status. For scholars, students, and practitioners seeking an authoritative and comprehensive resource for research into security law jurisprudence, this unique series serves that specialized purpose like none other on the market. With the 2008 edition of Terrorism: International Case Law Reporter, Oxford introduces detailed headnotes to the series. Professor Michael Newton and his team have provided, for each case, a robust summary and a concise statement of the case's central issues and holding. This edition also adds new topics to the series' purview, including the contentious issue of what legal status enemy combatants possess in U.S. courts and the equally volatile issue of whether agents of a state may be held criminally liable for terrorism when carrying out official duties. General Editor Newton has also added Israel and the Middle East as necessary new regional topics for a series that covers terrorism-related jurisprudence worldwide. Indeed, many of the prominent cases in this year's edition come from non-U.S. courts, including an Argetinian case on state terrorism and crimes against humanity. That case, Velasco, appears in this edition in the only English translation available anywhere.
