Overview

At various times in modern history, the international community has turned to international litigation as a hoped-for means of avoiding, ending, or dealing with the consequences of armed conflict; but until the past three decades, such litigation rarely had a significant impact. However, since the 1980s, international civil tribunals have become increasingly involved in armed conflicts, sometimes with important results. This book explores the recent cases in which the International Court of Justice and other tribunals have dealt with such situations. It assesses the manner in which these cases have been decided, the degree to which they have affected the resolution of the conflicts in question, and their contribution to the development of the applicable substantive law.

Full Product Details

Author:   Michael Matheson
Publisher:   Brill
Imprint:   Martinus Nijhoff
Edition:   XX, 384 Pp. ed.
Volume:   5
Dimensions:   Width: 16.00cm , Height: 2.50cm , Length: 24.00cm
Weight:   0.776kg
ISBN:  

9789004226036

ISBN 10:   9004226036
Pages:   384
Publication Date:   17 February 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Table of Cases Preface Part I. The Involvement of International Civil Tribunals in Armed Conflict Chapter 1. The Role of International Civil Tribunals 1.1 Purposes served 1.2 Difficulties encountered Chapter 2. Prior Cases Concerning Armed Conflict 2.1. Arbitrations during the 19th Century 2.2. The Hague Peace Conferences 2.3. The Post-World War I System 2.4. The Post-World War II System 2.5. Initial ICJ Cases Involving Armed Conflict 2.6. Assessment Chapter 3. Involvement of Civil Tribunals in the Current Period 3.1. The Central American Conflict 3.2. The Iran-Iraq War 3.3. The Gulf War 3.4. The Conflict in Yugoslavia 3.5. Territorial Disputes 3.6. The Conflict in the Congo 3.7. The Eritrea-Ethiopia Conflict 3.8. The Arab-Israeli Conflict 3.9. The Conflict in Sudan 3.10. The Conflict in Georgia 3.11. Italian Suits Against Germany 3.12. Use of Nuclear Weapons 3.13. Assessment Part II: The Process of Deciding Cases Involving Armed Conflict Chapter 4. Jurisdiction I. The International Court of Justice 4.1. Declarations under Article 36(2) 4.2. Treaty provisions generally consenting to the Court’s jurisdiction 4.3. Treaty provisions consenting to jurisdiction over disputes under that treaty 4.4. Cases brought with the specific consent of the parties to the dispute 4.5. Advisory cases II. Other Tribunals 4.6. The UN Compensation Commission 4.7. The Eritrea-Ethiopia Claims Commission 4.8. Assessment Chapter 5. Admissibility 5.1. Objections to claims 5.2. Objections to counter-claims 5.3. Advisory cases 5.4. Assessment Chapter 6. Provisional Measures 6.1 The framework for provisional measures 6.2 Types of provisional measures 6.3 Relationship to political processes 6.4 Assessment Chapter 7. Determining the Facts on the Merits 7.1 The burden and standard of proof 7.2 Forms of evidence 7.3 Reliance on other fact-finders 7.4 Independent tribunal fact-finding 7.5 Assessment Chapter 8. Adjudicating the Law on the Merits 8.1 Contentious cases 8.2 Advisory cases 8.3 Articulation of the law 8.4 What substantive issues the tribunal addresses 8.5 Interaction among tribunals 8.6 Interaction with non-judicial organs 8.7 Assessment Chapter 9. Determining Relief 9.1 Legal findings 9.2 Remedial actions 9.3 Compensation 9.4 Assessment Part III: Substantive Law Concerning Armed Conflict Chapter 10. Resort to Force 10.1 Response to attacks by the forces of another state 10.2 Support or tolerance of non-state groups 10.3 Collective response to attacks 10.4 Necessity and proportionality in the use of force 10.5 Involvement of the Security Council 10.6 Issues not decided 10.7 Assessment Chapter 11. Law of Armed Conflict 11.1. Applicability of agreements 11.2. Conduct of military operations 11.3. Treatment of persons 11.4. Responsibility for the actions of others 11.5. Assessment Chapter 12. Application of Other Legal Norms 12.1. Genocide 12.2. Human rights obligations 12.3. Protection of diplomats 12.4. Commercial agreements 12.5. Assessment Chapter 13. Territorial Status 13.1. Secession 13.2. Territorial claims 13.3. Occupied territory 13.4. Assessment Conclusion Selected bibliography

Reviews

This book is a remarkable analysis of the decisions of international civil tribunals - notably the International Court of Justice (ICJ) and arbitral tribunals - with respect to both the legality of recent armed conflicts and the legality of actions during those conflicts...This timely book presents a fine summary and analysis of the decisions and awards of these international civil tribunals. It should be of high value to all who want to keep current with developments in the international law relevant to armed conflict. - George H. Aldrich, American Journal of International Law

“This book is a remarkable analysis of the decisions of international civil tribunals – notably the International Court of Justice (ICJ) and arbitral tribunals – with respect to both the legality of recent armed conflicts and the legality of actions during those conflicts…This timely book presents a fine summary and analysis of the decisions and awards of these international civil tribunals. It should be of high value to all who want to keep current with developments in the international law relevant to armed conflict.” – George H. Aldrich, American Journal of International Law

Author Information

Michael J. Matheson, LLB (1968), Stanford Law School, teaches at George Washington University Law School. He was a senior lawyer and diplomat in the U.S. State Department, has taught at several universities, and has published extensively on international law topics.

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