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The Development of International Law by the International Court of Justice

The Development of International Law by the International Court of Justice

Author: Christian J. Tams; James Sloan
Publisher: Oxford University Press
ISBN: 9780199653218
Published In: September 2013
Format: Hardback , 432 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Assesses the impact that the International Court of Justice has had on the development of international law
Offers new insights into the role of the Court as a potential law-maker
Analyses the influence of the Court on key areas of international law, such as human rights, international environmental law, diplomatic protection, and state responsibility
Written by a stellar team of academics, including Professor Vaughan Lowe QC, Judge Bruno Simma, Professor James Crawford, and Sir Franklin Berman

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law.

Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.

Readership: Scholars and students of international dispute settlement and the role of international courts in international law; practitioners appearing before international courts and tribunals

1: Dr. James Sloan, Professor Christian J. Tams: Introduction
2: Sir Franklin Berman, KCMG: The ICJ as an Agent of Legal Development?
3: Professor Vera Gowlland Debbas: The ICJ and the Law of Treaties
4: Professor James Crawford SC: The ICJ and the Law of State Responsibility
5: Dr. Kate Parlett: The ICJ and Diplomatic Protection
6: Dr. James Sloan and Dr. Gleider Hernandez: The ICJ and the Institutional Law of the United Nations
7: Professor Malcolm Shaw QC: The ICJ and the Law of Territory
8: Professor Christine Gray: The ICJ and the Jus ad Bellum
9: Professor Vaughan Lowe and Dr. Antonios Tzanakopoulos: The ICJ and the Law of the Sea
10: Judge Bruno Simma: The ICJ and Human Rights
11: Professor Claus Kress: The ICJ and International Humanitarian Law
12: Professor Malgosia Fitzmaurice: The ICJ and International Environmental Law
13: Dr. Gentian Zyberi: The ICJ and Rights of Peoples and Minorities
14: Dr. Roger O'Keefe: The ICJ and the Law of Immunities
15: Professor Christian J. Tams: The Development of International Law by the International Court of Justice Revisiting Hersch Lauterpacht's Assumptions

Christian J. Tams is Professor of International Law at the University of Glasgow's School of Law, where he teaches international law at the undergraduate and graduate levels and directs the Law School's LLM programme. Prior to this, he was assistant professor at the Walther Schücking Institute of International Law at the University of Kiel, Germany, to which he remains affiliated. He is a qualified German lawyer, and holds an LL.M. and Ph.D. from the University of Cambridge. He has frequently written on the law and practice of the International Court of Justice.

James Sloan is a member of faculty at the University of Glasgow, School of Law where he teaches courses in the United Nations, International Human Rights and International Criminal law at the Honours and Masters levels. Before joining the School of Law, he qualified as a lawyer in Ontario and New York and worked in Toronto for several years. Subsequently, he worked in a number of capacities at the international level. Among other positions held, he was Political Advisor and Acting Head of Mission for a UN peace operation in Papua New Guinea, Legal Advisor to the International Service for Human Rights in Geneva and a Legal Assistant at the International Criminal Tribunal for the former Yugoslavia.

Contributors:
Sir Franklin Berman, KCMG, Essex Court Chambers
Professor James Crawford SC, Director, Lauterpacht Centre For International Law, Cambridge
Professor Vera Gowlland Debbas, Graduate Institute of International and Development Studies in Geneva
Professor Malgosia Fitzmaurice, Queen Mary, University of London
Professor Christine Gray, University of Cambridge
Dr. Gleider Hernández, University of Durham
Professor Claus Kress, University of Cologne
Professor Vaughan Lowe QC, Chichele Professor of Public International Law, Oxford University
Dr. Roger O'Keefe, University of Cambridge
Dr. Kate Parlett, Freshfields Bruckhaus Deringer LLP
Dr. Antonios Tzanakopoulos, UCL
Professor Malcolm Shaw QC
Judge Bruno Simma, International Court of Justice
Dr. Gentian Zyberi, University of Oslo