Overview

This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.

Full Product Details

Author:   Patrícia Galvão Teles ,  Manuel Almeida Ribeiro
Publisher:   Brill
Imprint:   Martinus Nijhoff
Weight:   0.607kg
ISBN:  

9789004467651

ISBN 10:   9004467653
Pages:   270
Publication Date:   21 October 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Note from the Editors Notes on Contributors 1 Prologue – One Hundred Years of International Justice and Its Contribution to the Development of International Law   Patrícia Galvão Teles part 1 The Contribution of International Courts and Tribunals to the Methodology of International Law   Introduction 11  Manuel Almeida Ribeiro 2 Method and Style in International Law, and the International Court of Justice’s Contribution 14  Michael Wood 3 The Authority of the Precedents of the International Court of Justice in the Argumentative Practice in International Law 29  Karem L. Cárdenas Ynfanzón part 2 The Contribution of International Courts and Tribunals to the Development of Procedural Rules   Introduction 45  Laurence Boisson de Chazournes 4 The “Sparse Axiomatic Statement of Article 41” of the Statute of the International Court of Justice and the Court’s Latest Orders: Phatemate Mathemata 48  Stratis G. Georgilas 5 How International Courts Avoid the Exercise of Their Jurisdiction – the Competence of Competence and “Inverted Judicial Activism” 60  Anna Czaplińska 6 Enhancing the International Court of Justice Procedures in Order to Promote Community Interests The Role of Third-Party Intervention 73  Paula Wojcikiewicz Almeida part 3 Recent Case-Law of the International Court of Justice (ICJ) and Its Significance for International Law   Introduction 101  Joanna Gomula 7 Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) before the ICJ The Obligation to Negotiate under International Law and Chile’s Strategy 104  Claudio Grossman 8 The Law-Making Effect of icj Advisory Opinions A Survey of the Chagos Opinion 127  Giulia Bernabei 9 “Know Thyself” Racial Discrimination before the ICJ – Recent Jurisprudential Developments 142  Ioannis Konstantinidis 10 Reparation for Injuries and Beyond – The Design of the Personality and Powers of International Organisations by International Courts 159  Rita Guerreiro Teixeira part 4 The Contribution of the International Tribunal for the Law of the Sea (itlos) to the Developement of the Law of the Sea   Introduction   Fernando Loureiro Bastos 11 The Contribution of itlos to the Development of International Law for Protection of the Marine Environment and Conservation of Living Resources   Nilüfer Oral 12 Implications of the M/V “Norstar” Case (Panama v. Italy) and the M/T “San Padre Pio” Case (Switzerland v. Nigeria) for the Further Development of the Law of the Sea   Vasco Becker-Weinberg 13 Limits on the Use of Force at Sea in the Jurisprudence of itlos From M/V Saiga to Ukraine/Russia   Maria Emilynda Jeddahlyn Pia V. Benosa part 5 Investor-State Dispute Settlement and Its Impact on International Investment Law   Introduction   Catherine Kessedjian 14 The Quest for “Consistency” in International Investment Jurisprudence and the Idea of a Multilateral Investment Court   Somesh Dutta 15 Arbitration Procedure in Bilateral Investment Treaties – Interactions between National, European and International Courts   Łukasz Dawid Dąbrowski part 6 General Conclusions 16 The Future of the Contribution of International Justice to the Development of International Law – A Plea for (Some) Disorder   Pierre Bodeau-Livinec Index

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Author Information

Patrícia Galvão Teles is member of the United Nations International Law Commission and Associate Professor at the Autonomous University of Lisbon. She is also member of the Permanent Court of Arbitration and Vice-President of the Portuguese Society of International Law. Manuel Almeida Ribeiro is Aggregate Professor at the Technical University of Lisbon and President of the Portuguese Society of International Law.

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