Judicial settlement of international disputes: jurisdiction, justiciability, and judicial law-making on the contemporary international court
The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a political' tribunal rendering political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist role in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years ("South West" "Africa" and "Namibia"; "Nuclear Tests; Western Sahara; Nicaragua ""v. US"). The contemporary role of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, interms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Contemporary Conceptions of the Role of International
The Contemporary International Judicial Process Law
Chapter HI The Jurisdiction of the Full Court of the International
5 other sections not shown
Other editions - View all
Judicial Settlement of International Disputes: Jurisdiction, Justiciability ...
Edward J. McWhinney
No preview available - 1991
acceptance Advisory Opinion Advisory Opinion jurisdiction Aegean Sea American approach Article candidate Compulsory Jurisdiction contemporary Court majority Court of International Court of Justice Court Statute decision Decolonisation Dissenting Opinion exercise Foreign Ministry French Full Court Gulf of Maine hoc judge I.C.J. Reports I.CJ Ibid institutions intellectual-legal International Court International Disputes international judicial International Justice International Law International Law Commission International Legal involved issues Journal of International Judge Elias Judge Lachs Judge Oda Judgment judicial settlement Jurisdiction and Admissibility jurisprudence jurist legal systems membership Merits Mosler Municipal Namibia National Groups Nicaragua nominations Nuclear Tests old Permanent Court Opinion of Court particular parties policy-making political problem-solving professional-legal regional seat Second Phase Settlement of International South West Africa Special Chamber substantive tion Treaty tribunal U.N. Charter U.N. General Assembly U.S. Government U.S. judge U.S. State Department U.S. Supreme Court United Nations Charter vote Western European Western Sahara World Community
All Book Search results »
The Practice and Procedure of the Inter-American Court of Human Rights
Jo M. Pasqualucci
Limited preview - 2003