Dissenting and Separate Opinions at the World CourtThis edition differs from its predecessors in that, at the request of many French-speaking & other jurists, it is now completely bilingual, in the two official languages of the International Court of Justice under Article 39 of the Statute -English & French. As before, this compilation aims to provide the practitioner in the Court, the diplomat, the politician & the student with a handy & complete collection of documents relating to the operation of the International Court of Justice, the principal judicial organ of the United Nations. In order to increase the usefulness of this compilation, the unofficial translations of the Rules of Court of 1978 into Arabic, Chinese, Russian & Spanish -the official languages of the United Nations -have been included. |
Contents
Recognition of dissenting opinions as an element of development | 13 |
STRENGTHENING OF THE PRINCIPLE BY | 22 |
Amendments concerning contentious and advisory | 29 |
Publication of dissenting opinions in matters of orders | 36 |
a Judgments and orders | 44 |
b Link with the case | 54 |
Quantity as measure of moral authority | 62 |
Introduction to Part | 73 |
SUPPORT FOR THE PHILOSOPHY OF TANAKA | 189 |
NEW SYNTHESIS | 198 |
Introduction to Part Three | 207 |
AEGEAN SEA CONTINENTAL SHELF CASE | 220 |
U S DIPLOMATIC AND CONSULAR STAFF IN TEHRAN | 227 |
Natural laworiented jurisprudence of the Court | 236 |
WESTERN SAHARA 1975 | 246 |
INTERPRETATION OF THE AGREEMENT OF 25 MARCH 1951 | 254 |
CONFLICT BETWEEN ALVAREZ AND THE COURT | 97 |
Slowing down of the dialectics | 126 |
CONFLICT BETWEEN LAUTERPACHT AND THE COURT | 134 |
SUPPORT FOR THE PHILOSOPHY OF LAUTERPACHT | 150 |
Restarting of the dialectics | 156 |
CONFLICT BETWEEN TANAKA AND THE COURT | 164 |
Conclusion | 263 |
97 | 274 |
Bibliography | 309 |
| 318 | |
| 322 | |
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Common terms and phrases
accepted according adopted advisory opinion agreement Alvarez apartheid appended application arbitration article 57 Assembly automatic reservation basis Charter claims Committee concerned conclusion Consequently continental shelf Convention Court of Justice decision declared development of international dispute dissenting judges dissenting opinions Ethiopia and Liberia existence expressed fact favour fishery Government Greece Hersch Lauterpacht Hsu Mo Ibid Iceland ICJ Reports individual opinions International Court international law Iran Iranian judge ad hoc judicial juridical jurisdiction jurisprudence Kingdom and West League of Nations Liberia majority Mandates system Mandatory matter merits Muhammad Zafrulla Khan Namibia natural law obligations Organization paragraph parties PCIJ Permanent Court philosophy positivism positivist preliminary objections present Court President principle of effectiveness propose provisions question reason regard rejected relating resolutions Security Council separate opinion South Africa South-West Africa Statute supra Introduction supra note Tanaka territorial tion treaty tribunal United Kingdom United Nations votes Western Sahara