International Court of Justice : an arbitral tribunal or a judicial body?
Forlati, Serena,
International Court of Justice : an arbitral tribunal or a judicial body? an arbitral tribunal or a judicial body? / Serena Forlati. - Cham [Switzerland] ; Heidelberg ; New York ; London : Springer 2014 - xiii, 235 pages ; 25 cm
Includes bibliographical references (pages 213-235).
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 -- Judgments infra petita -- Judgments ultra petita? -- Intervention under Article 63 of the statute -- Intervention under Article 62.
"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."--Page [4] of cover.
331906178X 9783319061788 3319061801 9783319061801
2014942022
International Court of Justice.
International Court of Justice.
International Court of Justice.
International courts.
International law.
International courts.
International law.
KZ6275 / .F67 2014
International Court of Justice : an arbitral tribunal or a judicial body? an arbitral tribunal or a judicial body? / Serena Forlati. - Cham [Switzerland] ; Heidelberg ; New York ; London : Springer 2014 - xiii, 235 pages ; 25 cm
Includes bibliographical references (pages 213-235).
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 -- Judgments infra petita -- Judgments ultra petita? -- Intervention under Article 63 of the statute -- Intervention under Article 62.
"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."--Page [4] of cover.
331906178X 9783319061788 3319061801 9783319061801
2014942022
International Court of Justice.
International Court of Justice.
International Court of Justice.
International courts.
International law.
International courts.
International law.
KZ6275 / .F67 2014