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View translated passages only
Oxford Law Citator
Contents
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Preliminary Material
Preface
Table of Contents
List of Abbreviations
Main Text
I The Court
1 The Court: Principal Judicial Organ of the United Nations
A Introduction
B The Court and the United Nations
C Seat and languages
2 Composition of the Court and Role of the Registry
A The Members of the Court
B Judges ad hoc
(1) Rationale
(2) Case of parties ‘in the same interest’
C The Chambers
D The Presidency
E The Registrar and the Registry
II The Jurisdiction and Powers of the Court
3 The Law Applied by the Court
A International law in general
B Equity
C Humanitarian considerations
D Peremptory norms
E The principle jura novit curia
4 Jurisdiction in Contentious Cases (I)
A The concept of jurisdiction
B Consent and the principle of la compétence de la compétence
C The Court as a standing tribunal
5 Jurisdiction in Contentious Cases (II)
A Methods of creating jurisdiction
(1) Special agreements, treaties, and compromissory clauses
(2) The ‘optional clause’ system
a The clause and its operation
b Reservations
(3) Forum prorogatum
B The existence of a dispute as a condition of jurisdiction
C Jurisdiction and its exercise
D Inherent jurisdiction and the powers of the Court
6 Jurisdiction in Advisory Proceedings
A Historical background
B Jurisdictional issues in the advisory context
C The right to request an opinion and its limits
D Nature of the question: a ‘legal’ question?
E The Court’s discretion to refuse an opinion
III Contentious Proceedings
7 Overview of Contentious Proceedings
A The governing texts
B Terminology and definitions
(1) The Court and the Bench
(2) Cases and phases
a In general
b Joint proceedings and joinder of cases
3 Parties
a In general
b International organizations
c The non-appearing party
C Submissions and the rule ne ultra petita
D Costs and financial support
8 The Procedure in a Contentious Case
A Institution of proceedings
B The written proceedings
C Counter-claims
D The oral proceedings and the role of counsel
E Evidence
F Public nature of the proceedings
G Termination of the proceedings: decision or discontinuance
IV Advisory Proceedings
9 Procedure in Advisory Cases
A Participation
(1) Are there are ‘parties’ in advisory cases?
(2) Appointment of judges ad hoc in advisory cases
(3) Non-State entities
(4) Individuals: the staff appeal cases
B Procedure
(1) The request for opinion
(2) The written proceedings
(3) The oral proceedings
(4) Delivery of the opinion
V The Decision
10 Form, Content, and Preparation of Decisions
A Judgments and orders
B Deciding not to decide: the role of non liquet
C Deliberation and the drafting of the decision
D Adoption of the decision: voting
11 The Effect of the Decision and its Enforcement
A Judgments
B Advisory opinions
12 Judges’ Separate and Dissenting Opinions
VI Incidental Proceedings
13 Provisional Measures
A Binding effect of measures
B The initiative
C Required conditions
(1) The jurisdictional question
(2) Threat of irreparable harm
(3) Link with the rights claimed on the merits
(4) Plausibility of the rights asserted
(5) Assurances by the other party
D Other questions
(1) Non-aggravation of the dispute
(2) The problem of indemnification
14 Preliminary Objections
A Procedural definition
B Categories
(1) Objections to jurisdiction
(2) Objections to admissibility
(3) Other preliminary objections
C Procedure on submission, and for disposal, of an objection
15 Intervention
A Introduction
B Intervention under Article 63 of the Statute
C Intervention under Article 62 of the Statute
VII The Post-Adjudicative Stage
16 Interpretation and Revision of Judgments
A Interpretation of judgments
B Revision of judgments
VIII The Court and the Future
17 The Court at 70: Concluding Reflections
Further Material
Select Bibliography
Index
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Table of Contents
From:
The International Court of Justice
Hugh Thirlway
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
13 October 2016
ISBN:
9780198779070
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