当前货币:HKD

您的购物车中没有商品。

Jurisdiction of the International Court of Justice

Jurisdiction of the International Court of Justice

  • 作者:
  • 出版商: Brill Nijhoff
  • ISBN: 9789004342750
  • 出版时间 August 2017
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,500.24
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes.

    As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law.

    This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution.

    Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.

  • 1.
    Introduction
     1 A Historical Review
      a European Arbitrations in the 19th Century and the Permanent Court of Arbitration
      b The First World Court—pcij
      c The World Court under a New Order
     2 A Hindsight—70 Years’ Experience
      a The Initial Success—1946 to 1965
      b A Dormant Period—1966 to 1984
      c Towards a Revival—1985 to 1990
      d New Challenges—1991 to the Present
    2.
    The General Concepts
     1 The Concept of Jurisdiction at International Level
     2 Competence and Jurisdiction
     3 Jurisdiction and Admissibility
     4 Justiciability
     5 Judicial Propriety
     6 Non-appearance
    3.
    Basic Rules and Principles—Part One
     1 The Importance of the Principle of Consent
     2 Modes of Expression of Consent
      a Consent Granted by Agreements
      b Consent Conferred by a Declaration of Acceptance of Compulsory Jurisdiction
      c Consent Based on Forum Prorogatum
      d Consent Derived from Other Sources
     3 Mutuality and Reciprocity
      a Scope of Consent
      a Reservations and Conditions Attached to the Consent
     4 Withdrawal of Consent
    4.
    Basic Rules and Principles—Part Two
     1 The Principle of Finality, res judicata
      a The Concept of res judicata
      b What Constitutes res judicata
     2 Article 59 of the Statute—The res inter alios acta rule
      a The Scope of res inter alios acta
      a Protection of the Interest of the Third Party
     3 The Monetary Gold Rule
     4 The non ultra petita Rule
    5.
    Preconditions for the Exercise of Jurisdiction
     1 Existence of a Dispute
      a The Notion of a Dispute
      b Determination of the Existence of a Dispute
      c The Relevant Date and the Existence of a Dispute
      d The Subject-matter of a Dispute
     2 Negotiation and Other Preconditions for the Seisin of the Court
      a Prior Negotiation as a Condition
      b Precondition Attached to Declarations Accepting Compulsory Jurisdiction of the Court
      c Precondition in a Compromissory Clause
    6.
    Competent Parties—Jurisdiction Ratione Personae
     1 States—Access to the Court and Jurisdiction ratione personae
      a Members of the United Nations
      b Non-members of the United Nations
      c Access to the Court in Case of State Succession
      d The Role of States in Advisory Proceedings
     2 International Organizations
      a The Role in Contentious Cases
      a Requests for Advisory Opinions
     3 Jurisdictional Issues in Incidental Proceedings
      a Interim Protection
      a Intervention
      c Counter-Claims
    7.
    Subject-Matter Jurisdiction and Temporal Jurisdiction
     1 Jurisdiction ratione materiae
      a The Concept of Subject-Matter Jurisdiction
      b The Title of Jurisdiction
      c Multiple Titles of Jurisdiction
      d Identification of the Subject-Matter
      e Jurisdiction ratione materiae and Obligations erga omnes
     2 Jurisdiction ratione temporis
    8.
    Objections to Jurisdiction and Admissibility
     1 Jurisdiction as a Matter for the Court to Decide
     2 Preliminary Phase—Possible Bifurcation of the Proceedings
     3 Decisions on Preliminary Questions
    Conclusion
    Bibliography
    List of Cases
    Index

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥517.94

¥502.40 Save ¥15.54 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,420.66
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,297.20

¥1,258.28 Save ¥38.92 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,290.00

¥3,191.30 Save ¥98.70 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,365.20

¥3,264.24 Save ¥100.96 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,143.20

¥2,078.90 Save ¥64.30 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,136.00

¥4,011.92 Save ¥124.08 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,955.20

¥1,896.54 Save ¥58.66 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,410.00

¥1,367.70 Save ¥42.30 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,692.00

¥1,641.24 Save ¥50.76 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,350.00

¥2,279.50 Save ¥70.50 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥3,006.12

¥2,915.94 Save ¥90.18 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,672.42

¥2,592.25 Save ¥80.17 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥462.48

¥448.61 Save ¥13.87 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,880.00

¥1,823.60 Save ¥56.40 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,598.00

¥1,550.06 Save ¥47.94 (3%)

Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition
Butterworths Hong Kong Employees' Compensation Handbook, 7th Edition

List Price: ¥1,974.00

¥1,914.78 Save ¥59.22 (3%)