The International Court of Justice: An Arbitral Tribunal or a Judicial Body?

Author:   Serena Forlati
Publisher:   Springer International Publishing AG
Edition:   Softcover reprint of the original 1st ed. 2014
ISBN:  

9783319358987


Pages:   235
Publication Date:   23 August 2016
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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The International Court of Justice: An Arbitral Tribunal or a Judicial Body?


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Overview

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.

Full Product Details

Author:   Serena Forlati
Publisher:   Springer International Publishing AG
Imprint:   Springer International Publishing AG
Edition:   Softcover reprint of the original 1st ed. 2014
Dimensions:   Width: 15.50cm , Height: 1.30cm , Length: 23.50cm
Weight:   3.869kg
ISBN:  

9783319358987


ISBN 10:   3319358987
Pages:   235
Publication Date:   23 August 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction.- Introduction to Part I.- The ICJ’s Power to Adopt Rules of Court and Practice Directions.- The Composition of the Bench in Particular Cases.- The Representation of the Parties before the ICJ.- The Organisation of Contentious Proceedings.- The Adoption of Provisional Measures under Article 41 of the Statute.- Conclusions to Part I.- Introduction to Part II.- Judgments infra Petita.- Judgments ultra Petita.- Conclusions to Part II.- Introduction to Part III.- Intervention under Article 63 of the Statute.- Intervention under Article 62.- Conclusions to Part III .- Conclusions.

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