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Title The development of international law by the International Court of Justice / Christian J. Tams and James Sloan
Published Oxford : Oxford University Press, 2014
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Contents Cover; 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
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
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
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; 2. Less contentious questions; 3. More contentious questions; 4. The ICJ versus other international lawmaking processes; 5. Conclusion; 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
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 text assesses the impact that pronouncements by the International Court of Justice (ICJ) have had on international law. It provides a comprehensive overview of the role of the ICJ in the contemporary law-making process
Bibliography Includes bibliographical references and index
Notes Online resource; title from home page (viewed on November 5, 2013)
Subject International Court of Justice -- Influence
SUBJECT International Court of Justice fast
Subject International law.
Influence (Literary, artistic, etc.)
International law
Form Electronic book
Author Tams, Christian J., editor
Sloan, James, 1964- editor
ISBN 9780191747922
0191747920