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

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To be published Feb 2013 (OUP) PRE-ORDER NOW!
ISBN: 9780199668250. Pack, 2,032 pages.
Description

Hugh Thirlway 

  • Provides a thorough, detailed examination of the work of the International Court of Justice by an author intimately involved in its practice 
  • Demonstrates the evolution of the Court's jurisprudence over the last twenty years 
  • Collects together the author's articles on the law and procedure of the International Court of Justice from 1989 to 2011, with an extensive index and tables, and references to recent case law 
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 of International 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, state sovereignty, 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 the heart of the international legal system, as well as for practitioners appearing before the Court. 

Readership: Academics and students in the field of public international law and international dispute settlement; International legal practitioners 

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.

Contents

I. General Principles and Sources of Law 

Division A : General Principles 

Introduction (1989) 

1: Good Faith and Related Principles 

2: International Rights and Obligations 

3: Relationships Between Legal Orders 

Division B: Sources of Law Introduction (1990) 

1: Miscellaneous Minor Sources or Pseudo-Sources

2: Treaties and Conventions in Force 

3: Custom

4: General Principles of Law Recognised by Civilised Nations

5: Subsidiary Sources: Judicial Decisions

II. Treaty Interpretation and Other Treaty Points 

Introduction (1991)

Division A: Treaty Interpretation 

1: Introductory 

2: Fitzmaurice's Principles in the Case Law of the Court, 1954-1989 

3: Ancillary and Other Interpretative Findings

Division B: Other Treaty Points 

1: Preliminary Matters 

2: Conditions of the Formation of Agreement 

3: The Treaty in Action 

4: Conduct Inconsistent with a Treaty 

5: Termination of Treaties 

III. Points of Substantive Law, 1960-1989

Division A: The Law of the Sea Introduction (1993)

1: Claims to Maritime Spaces: General Survey 

2: Maritime Delimitation: Legal and Practical Aspects

3: Other Questions of the Law of the Sea

Introduction (1995)

Division B: State Sovereignty, Territory, and Frontiers

1: State Sovereignty 

2: Acquisition of Territory 

3: Land Frontiers 

4: Territorial Disputes and the Critical Date

Division C: State Responsibility and International Claims 

1: The 'Act Of The State' Under International Law

2: The Breach of an International Obligation

3: Circumstances Precluding Wrongfulness 

4: The Rule of Exhaustion of Local Remedies 

5: Reparation and Restitution

Division D: International Organisations 

Introduction (1996) Introduction (2009)

1: International Organisations in General

2: The United Nations: 1996 

3: Summary (1996) of Decisions Relating to International Organisations 

IV. Questions of Jurisdiction and Competence 

Introduction (1998) 

Preface (2010) 

1: Jurisdiction in Contentious Cases 

2: Jurisdiction and its Exercise in Advisory Proceedings

3: Jurisdiction and its Non-Exercise: 'General Admissibility' in Contentious and Advisory Proceedings 

V. Questions of Procedure, 1954-1989

1: The Composition of the Court for Particular Cases

2: The Institution of Proceedings

3: Incidental Proceedings

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