The International Court of Justice and the Effectiveness of International Law

Erscheinungsjahr 2016
ISBN: 978-90-04-31221-0
Verlag: Brill

Buch, Englisch, Band 9, 272 Seiten, Format (B × H): 156 mm x 241 mm, Gewicht: 529 g

Reihe: Collected Courses of the Xiamen Academy of International Law

The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction. This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level. Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ; the basis and scope of its function as a judicial institution; its relationship with other means of settling disputes and its integration in the United Nations; and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.

Autoren/Hrsg.

Couvreur, Philippe

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Part I A brief history of the origins of the ICJ
1. The origins of the ICJ: the trend towards the institutionalization of international arbitration
2. A Permanent Court of International Justice: from Arbitration to Adjudication
3. Brief overview of the work and achievements of the PCIJ (1922-1946)

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Part II The basis and scope of the Court’s judicial function
1. A system of consensual jurisdiction: the contentious jurisdiction
2. Compliance with the judgments and decisions of the Court
3. The Court’s advisory jurisdiction as part of its judicial function

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Part III The International Court of Justice and the peaceful settlement of international disputes
1. Negotiations and the judicial settlement of disputes
2. The Court’s function and the institutional architecture of the United Nations for the peaceful settlement of disputes
3. The judicial settlement of disputes and the maintenance of international peace and security

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Part IV The ICJ and the settlement of land and maritime disputes
1. The role of legal titles and effectivités in the settlement of sovereignty and frontier disputes
2. The dual requirements of legal security and effectiveness in the settlement of maritime delimitation disputes

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Part V The ICJ and the implementation of the law of State responsibility
1. The basic principles of the international responsibility of States
2. The consequences of an internationally wrongful act: the content of State responsibility
3. The implementation of State responsibility before the Court

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Über Autor(innen)

Philippe Couvreur, of Belgian nationality, is serving his third seven-year term as Registrar of the International Court of Justice (elected in 2000 and re-elected in 2007 and 2014). Author of numerous publications and speaker at various symposia and conferences, he is guest lecturer in public international law at the Law Faculty of the Université Catholique de Louvain since 1997.