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The International Court of Justice and the Effectiveness of International Law

The International Court of Justice and the Effectiveness of International Law

Author: Philippe Couvreur
Publisher: Brill Nijhoff
ISBN: 9789004312210
Published In: December 2016
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

RM912.11

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Contents

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The International Court of Justice and the Effectiveness of International Law, by Philippe Couvreur, Registrar of the ICJ since 2000, offers an account of the history and main achievements of the principal judicial organ of the United Nations, the only court with universal and general jurisdiction.

This book discusses the hopes and aims of creating a permanent, international tribunal for settling disputes between States, and the ICJ’s role in ensuring the effectiveness of the rule of law at the international level.

Taking into account the characteristics of the international legal order, this work provides a description of the main achievements brought about in this respect by the creation of the ICJ;

the basis and scope of its function as a judicial institution;
its relationship with other means of settling disputes and its integration in the United Nations;
and finally its substantial contribution in two areas of great significance for the promotion and strengthening of peaceful relations between States, namely the settlement of land and maritime disputes and the implementation of the law of State responsibility.

Part I A brief history of the origins of the ICJ

1. The origins of the ICJ: the trend towards the institutionalization of international arbitration

2. A Permanent Court of International Justice: from Arbitration to Adjudication

3. Brief overview of the work and achievements of the PCIJ (1922-1946)

Select bibliography

Part II The basis and scope of the Court’s judicial function

1. A system of consensual jurisdiction: the contentious jurisdiction

2. Compliance with the judgments and decisions of the Court

3. The Court’s advisory jurisdiction as part of its judicial function

Select bibliography

Part III The International Court of Justice and the peaceful settlement of international disputes

1. Negotiations and the judicial settlement of disputes