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The International Court of Justice and the Judicial Function

The International Court of Justice and the Judicial Function

作者： Gleider I Hernández
出版商： Oxford University Press
ISBN: 9780199646630
出版时间 May 2014
规格： Hardback , 368 pages
适应领域： International ? 免责申明：
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描述
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详细
- Analyses how the International Court of Justice understands its role within the 'international judicial function'
- Argues that the Court's contribution to the development of international law is subtle rather than progressive or radical
- Explores how the Court does not advance a universal idea of international law but, through its judgments, shapes understanding of the international legal order
This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design.

It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations.

The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

Readership: Scholars and students in the field of public international law and international dispute settlement, and international relations; International legal practitioners
1: Introduction
2: Towards an international court
3: The 'judicial character' of the court
4: The deliberative process
5: Constraints on the judges of the international court
6: Precedent and the judicial function
7: The 'international community' and the court
8: The 'essential' judicial function and the ossification of international law
9: Conclusion
Gleider I Hernández is a Lecturer in Law at Durham University and a former Associate Legal Officer at the International Court of Justice, acting from 2008-2010 as Law Clerk to Vice-President Peter Tomka and Judge Bruno Simma. He completed his D.Phil at the University of Oxford in 2010 under the supervision of Professor Sir Franklin Berman. Dr Hernandez' research interests lie within the general area of public international law, and particularly relate to international legal theory (nature and sources of international law), international dispute settlement, and the law and practice of international institutions. Dr Hernández is a member of the Academic Review Board of the Cambridge Journal of International and Comparative Law.

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