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OverviewThis 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 DetailsAuthor: Patrícia Galvão Teles , Manuel Almeida RibeiroPublisher: Brill Imprint: Martinus Nijhoff Weight: 0.607kg ISBN: 9789004467651ISBN 10: 9004467653 Pages: 270 Publication Date: 21 October 2021 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In stock  We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of ContentsNote 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 IndexReviewsAuthor InformationPatrícia 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. Tab Content 6Author Website:Countries AvailableAll regions |
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