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The Statute of the International Court of Justice: A Commentary, 3rd Edition

The Statute of the International Court of Justice: A Commentary, 3rd Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198814894
  • 出版时间 March 2019
  • 规格: Hardback , 1808 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥5,438.75

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  • 描述 
  • 大纲 
  • 作者 
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  • 详细

    This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure.

    Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work.

    In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.

  • Abbreviations
    List of Authors
    General Bibliography
    Table of Cases I-ICJ
    Table of Cases II-PCIJ
    Table of Cases III-Other Bodies
    PART ONE: INTRODUCTION
    Sir Robert Jennings/Dame Rosalyn Higgins: General Introduction
    Ole Spiermann: Historical Introduction
    PART TWO: RELEVANT PROVISIONS OF THE UN CHARTER
    Christian J. Tams: Article 2, para. 3 UN Charter
    Vera Gowlland Debbas: Article 7 UN Charter
    Christian Tomuschat: Article 33 UN Charter
    Thomas Giegerich: Article 36 UN Charter
    Karin Oellers-Frahm: Article 92 UN Charter
    Karin Oellers-Frahm: Article 93 UN Charter
    Karin Oellers-Frahm: Article 94 UN Charter
    Karin Oellers-Frahm: Article 95 UN Charter
    Karin Oellers-Frahm: Article 96 UN Charter
    PART THREE: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE
    Vera Gowlland Debbas: Article 1
    Chapter I. Organization of the Court
    Mariano Aznar Gómez: Article 2
    Mariano Aznar Gómez: Article 3
    Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin: Article 4
    Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin: Article 5
    Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin: Article 6
    Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin: Article 7
    Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin: Article 8
    Bardo Fassbender: Article 9
    Bardo Fassbender: Article 10
    Bardo Fassbender: Article 11
    Bardo Fassbender: Article 12
    John Dugard: Article 13
    John Dugard: Article 14
    John Dugard: Article 15
    Philippe Couvreur: Article 16
    Philippe Couvreur: Article 17
    David Anderson/Samuel Wordsworth: Article 18
    David Anderson/Samuel Wordsworth: Article 19
    Daniel Erasmus Khan: Article 20
    Malcom Shaw: Article 21
    Malcom Shaw: Article 22
    Stefan Talmon: Article 23
    Sir Robert Jennings/Philippe Couvreur: Article 24
    Paolo Palchetti: Article 25
    Paolo Palchetti: Article 26
    Paolo Palchetti: Article 27
    Paolo Palchetti: Article 28
    Paolo Palchetti: Article 29
    Hugh Thirlway: Article 30
    Pieter Hendrik Kooijmans: Article 31
    Carlos Espósito Massicci: Article 32
    Carlos Espósito Massicci: Article 33
    Giorgio Gaja: Relationship with Other International Courts and Tribunals
    Chapter II. Competence of the Court
    Pierre-Marie Dupuy: Article 34
    Andreas Zimmermann: Article 35
    Christian Tomuschat: Article 36
    Judge Bruno Simma/Daphné Richemond: Article 37
    Alain Pellet: Article 38
    Robert Kolb: General Principles of Procedural Law
    Chapter III. Procedure
    Marcelo Kohen: Article 39
    Sienho Yee: Article 40
    Sean D. Murphy: Counter-Claims
    Karin Oeller-Frahm: Article 41
    Sir Franklin Berman: Article 42
    Stefan Talmon: Article 43
    Christian Walter: Article 44
    Sienho Yee: Article 45
    Sabine von Schorlemmer: Article 46
    Sabine von Schorlemmer: Article 47
    Santiago Torres Bernárdez: Article 48
    Markus Benzing: Evidentiary Issues
    Christian J. Tams: Article 49
    Christian J. Tams: Article 50
    Christian J. Tams: Article 51
    Christian J. Tams: Article 52
    Hans von Mangoldt/Andreas Zimmermann: Article 53
    Bardo Fassbender: Article 54
    Bardo Fassbender: Article 55
    Lori Damrosch: Article 56
    Rainer Hofmann/Tilman Laubner: Article 57
    Daniel Erasmus Khan: Article 58
    Chester Brown: Article 59
    Gerhard Wegen: Discontinuation and Withdrawal
    Andreas Zimmermann/Tobias Thienel: Article 60
    Andreas Zimmermann/Robin Geiß: Article 61
    Christine Chinkin: Article 62
    Christine Chinkin: Article 63
    Carlos Espósito Massicci: Article 64
    Chapter IV. Advisory Opinions
    Jochen Abr. Frowein/Karin Oellers-Frahm: Article 65
    Andreas Paulus: Article 66
    Andreas Paulus: Article 67
    Judge Jean Pierre Cot: Article 68
    Chapter V. Amendment
    Wolfram Karl: Article 69
    Wolfram Karl: Article 70
    Appendix 1: Statute of the International Court of Justice
    Appendix 2: Rules of Court
    Index

  • Edited by Andreas Zimmermann, Professor of International Law, University of Potsdam, Karin Oellers-Frahm, Dr. iur., Senior Researcher (retired), Max Planck Institute for Comparative Public Law and International Law, Heidelberg., Christian Tomuschat, Professor Emeritus, Humboldt-University Berlin, and Christian J. Tams, Professor of International Law, University of Glasgow

    Professor Dr. Andreas Zimmermann: Professor University of Potsdam and Director Potsdam Centre of Human Rights; Dr. jur. (Heidelberg), LL.M. (Harvard); former Member of the German delegation to the Preparatory Committee and the United Nations Diplomatic Conference on the Establishment of an International Criminal Court; member of the Permanent Court of Arbitration; counsel in various cases before the ICJ; judge ad hoc in various cases before the European Court of Human Rights; arbitrator under the annex to the Vienna Convention on the Law of Treaties; member of the advisory boards on UN issues and on public international law of the German Ministry of Foreign Affairs; inter alia co-editor of 'The Statute of the International Court of Justice - A Commentary' (Oxford University Press, 2006) and editor of the <"The 1951 Convention on the Status of refugees and its 1967 Protocol -. A Commentary (Oxford University Press, 2011).

    Dr Karin Oellers-Frahm is a Senior Researcher (retired) at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg.

    Christian Tomuschat, born 23 July 1936 in Stettin (Germany). Professor of constitutional and international law in Bonn (1972-1995) and at Humboldt University Berlin (1995-2004). Member of UN Human Rights Committee (1977-1986) and of UN International Law Commission (1985-1996, President in 1992). Rapporteur on the situation of human rights in Guatemala for UN Commission on Human Rights (1990-1993) and co-ordinator of the Comisión para el esclarecimiento histórico in Guatemala (1997-1999). President of German Society of International law (1993-1997). Member, Institut de droit international (since 1997). Counsel for German Government in proceedings before the International Court of Justice and the European Court of Human Rights.

    Christian J. Tams is Professor of International Law at the University of Glasgow (U.K.). He is a qualified lawyer in Germany (admitted 2005) and holds LL.M. and Ph.D. degrees from the University of Cambridge. His research in international law focuses on investment protection, the role of international courts and tribunals, and the law of State responsibility. In addition to his academic work, he has advised states in proceedings before the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS). He is a member of the German Court of Arbitration for Sports and of the ILA Committee on the Use of Force, and has held visiting appointments at universities in China, France and Lithuania.

     

    Contributors: 
    David Anderson 
    Professor Mariano Aznar Gómez - Universidad de Valencia
    Dr. Markus Benzing - Freshfields
    Sir Franklin Berman QC - Essex Court Chambers
    Chester Brown - Associate Professor, Sydney Law School 
    Professor Christine Chinkin - LSE
    Philippe Couvreur - International Court of Justice
    Judge Jean Pierre Cot - Lambert Associés
    Professor Lori Damrosch - Columbia Law School
    Professor John Dugard - Universiteit Leiden
    Professor Pierre-Marie Dupuy - European University Institute 
    Professor Carlos Espósito Massicci - Ministerio de Asuntos Exteriores 
    Professor Dr. Bardo Fassbender - University of the Federal Armed Forces, Munich
    Professor Jochen Abr. Frowein - Max Planck Institut for Comparative Public Law and International Law
    Professor Giorgio Gaja - Università di Firenze 
    Professor Robin Geiß - University of Potsdam 
    Patricia Georget - International Court of Justice
    Professor Thomas Giegerich - Walther Schücking Institute for International Law
    Judge Vladimir Golitsyn - International Tribunal for the Law of the Sea
    Professor Vera Gowlland Debbas - Geneva Graduate Institute of International Studies
    Dame Rosalyn Higgins - Former President, International Court of Justice
    Professor Rainer Hofmann - University of Frankfurt
    Sir Robert Jennings
    Professor Daniel Erasmus Khan - University of the Federal Forces
    Professor Wolfram Karl - Austrian Human Rights Institute
    Professor Marcelo Kohen - Institut des Hautes Études Internationales
    Professor Emeritus Pieter Hendrik Kooijmans
    Professor Robert Kolb - Université de Genève
    Tilman Laubner
    Professor Hans von Mangoldt - University of Tübingen
    Professor Sean D. Murphy - Patricia Roberts Harris Research 
    Professor Paolo Palchetti- Istituto di diritto internazionale e dell'Unione europea Piaggia dell'Università
    Professor Dr. Andreas Paulus - German Federal Constitutional Court
    Professor Alain Pellet - Université Paris X - Nanterre
    Daphné Richemond
    Staatsministerin Professor Dr. Dr. Sabine von Schorlemmer - Sächsisches Staatsministerium für Wissenschaft und Kunst
    Professor Malcom Shaw - University of Leicester
    Judge Bruno Simma - International Court of Justice
    Professor Ole Spiermann - Københavns Universitet Det Juridiske Fakultet 
    Dr. Stefan Talmon - University of Bonn
    Tobias Thienel
    Professor Hugh Thirlway - International Court of Justice
    Professor Santiago Torres Bernárdez
    Professor Christian Walter - University of Munich
    Professor Gerhard Wegen - Rechtsanwälte Gleiss Lutz
    Samuel Wordsworth - Essex Court Chambers
    Professor Sienho Yee - Wuhan University
    Ralph Zacklin - Assistant-Secretary-General, UN Office of the Legal Counsel

  • Review(s) from previous edition

    "There is no doubt in our minds that this book is a standard work which anyone conducting research on the International Court of Justice will at least have to consult, if not actually cite. - The European Journal of INternational Law, Vol 18 no 5

    "This volume is an important and valuable work. It presents a comprehensive analysis of the ICJ Statute and the related articles of the Charter, and includes a brilliant introductory essay on the Court's work. Any practitioner before the Court and any student of its workings should have the volume available." - Stephen Mathias, The American Journal of International Law

    "It is a highly readable work of an indeed rare consistency in style, lucidity and transparency...Contributors and editors of this volume clearly have joined hands in making this book eminently accessible to all students of the law, diplomacy, and international affairs... its depth of learning and the richness of its commentaries itself stands out as fitting tribute to the Court's aspirations of universality." - Arthur Eyffinger, German Yearbook of International Law

    "'Every now and then, amidst the daily routine of one's scholarly diet, one comes across a book that truly intrigues. Still, this occurs only too rarely with a publication of the kind and proportions of the one here under consideration. And yet, such is the delicate treat of this massive volume on the Statute of the ICJ which, it must be said, combines the best of the German organizing and British publishing traditions. Some fifty eminent scholars have contributed to its intellectual wealth, acclaimed experts from all over the world and household names to students of the Court's work nearly all of them. Quite a few illustrious names adorn its table of contents. Therefore, to start with, the three editors. their assistants and staff must be praised for their initiative, complimented with the infrastructure.'" - Arthur Eyffinger, German Yearbook of International Law

    "'..highly impressive and extremely welcome volume..'" - Arthur Eyffinger, German Yearbook of International Law

    "From Sir Robert Jennings' gem-like and trenchant general introduction to Wolfram Karl's concluding analysis of Articles 69 and 70 relating to amendments to the Statute, this massive commentary will immediately take its place as an invaluable tool for practicing international lawyers. An impressive roster of authors contribute a profound understanding of each Article of the Statute. Their systematic approach is more than commendable; as readers quickly become used to the sensible and consistent organisation of this rich resource, they are likely to make it their first port of call when considering strategic issues of process not only before the ICJ, but indeed before other international adjudicatory bodies." - Jan Paulsson, President, World Bank Administrative Tribunal; President, London Court of International Arbitration; Head of the Public International Law Section of Freshfields Bruckhaus Deringer, Paris

    "This invaluable commentary on the Statute of the Court is a worthy companion to Judge Simma's Commentary on the Charter of the United Nations. It is a book which no practitioner of international law or scholar of international dispute resolution can afford to be without." - Professor Christopher Greenwood CMG QC, Essex Court Chambers and the London School of Economics

    "A valuable work of reference, indispensable to Government Departments of States dealing with inter-state disputes and to lawyers specializing in international litigation. The reader will find within the volume a wealth of information relating to the different aspects of the Court, and in particular, a searching analysis of the Articles of the Statute, amply supported by references to the Court's practice and other relevant materials. The volume will be welcomed by all those who are interested in the International Court of Justice." - Shi Jiuyong, Judge and former President of the International Court of Justice

    "The editors of this dense volume have produced the first complete commentary on the Statute of the International Court of Justice. It is above all the publication's impressive treatment of the prolific practice and procedure of the Court that will make it an indispensable reference on all procedural issues of international jurisdiction. The extensive description of the ICJ's activities since 1946 and the analysis of the principal case-law are also highly welcome. The other sections, such as the summaries on the jurisdiction of the Permanent International Court of Justice of the League of Nations (PCIJ), other forms of international dispute settlement and the Court's relationship to other international tribunals, are equally persuasive. This comprehensive commentary is sure to become essential reading for international lawyers, government agents and scholars." - Dr. Thomas Läufer, Legal Adviser and Head of the Legal Directorate-General, Federal Foreign Offic

    "The dynamism, diversity of viewpoints, close examination of the statutory provisions of the Court with reference to the case-law, practicality of the contents and intensity of the analysis, all characterizing this collection, make it an outstanding reference book for international law libraries and for all interested in the subject of international law, academic or practitioner alike, including future agents, counsel and experts." -Bing Bing Jia, Chinese Journal of International Law

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