The International Court of Justice and Judicial Review

The International Court of Justice and Judicial Review
Title The International Court of Justice and Judicial Review PDF eBook
Author Kaiyan Homi Kaikobad
Publisher BRILL
Total Pages 383
Release 2021-10-18
Genre Law
ISBN 900448101X

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This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee disputes, and the nature of the activities of the Review Committee of the General Assembly. These problems are examined with a view to shedding light on the nature, scope and extent of the Court's powers of judicial review. The main study is preceded by an exhaustive survey of the genesis of the review system established by the Statutes of these Tribunals. Included also in this volume is an account of the informal and rudimentary judicial review arrangement the Court enjoys by way of its advisory and contentious jurisdiction with respect to institutional action other than that of UNAT and ILOAT judgments. When in 1995 the General Assembly abolished the UNAT review system, various considerations were in the forefront: a detailed survey of which is provided in the penultimate part of the book. Several significant themes are explored in the concluding chapter. These include issues dealing with the motivation for establishing the review system, the divisions within the Court and possible reform, as opposed to abolition, of the system.

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations

The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations
Title The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations PDF eBook
Author Mohamed Sameh M. Amr
Publisher BRILL
Total Pages 471
Release 2021-08-04
Genre Business & Economics
ISBN 9004479104

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The Role of the International Court of Justice as the Principal Judicial Organ of the United Nations is a thought-provoking and valuable addition to the existing literature on the ICJ. The book’s originality lies in that it provides both the student and practitioner of international law and relations with a comprehensive evaluation of important but hitherto neglected aspects of the work of the World Court.

The International Court of Justice and Judicial Review

The International Court of Justice and Judicial Review
Title The International Court of Justice and Judicial Review PDF eBook
Author Kaiyan Homi Kaikobad
Publisher Martinus Nijhoff Publishers
Total Pages 388
Release 2000-09-28
Genre Political Science
ISBN 9789041114716

Download The International Court of Justice and Judicial Review Book in PDF, Epub and Kindle

This monograph provides an extensive analysis of the powers of judicial review exercised by the International Court of Justice with respect to judgments of the Administrative Tribunals of the International Labour Organization and the United Nations. The grounds on which these judgments can be challenged include excess jurisdiction, procedural errors and errors of law relative to the Charter of the United Nations. The system, however, suffers from a number of difficulties, including lack of procedural equality, the propriety of employing the Court's advisory jurisdiction in employer-employee disputes, and the nature of the activities of the Review Committee of the General Assembly. These problems are examined with a view to shedding light on the nature, scope and extent of the Court's powers of judicial review. The main study is preceded by an exhaustive survey of the genesis of the review system established by the Statutes of these Tribunals. Included also in this volume is an account of the informal and rudimentary judicial review arrangement the Court enjoys by way of its advisory and contentious jurisdiction with respect to institutional action other than that of UNAT and ILOAT judgments. When in 1995 the General Assembly abolished the UNAT review system, various considerations were in the forefront: a detailed survey of which is provided in the penultimate part of the book. Several significant themes are explored in the concluding chapter. These include issues dealing with the motivation for establishing the review system, the divisions within the Court and possible reform, as opposed to abolition, of the system.

The International Court of Justice and the Judicial Function

The International Court of Justice and the Judicial Function
Title The International Court of Justice and the Judicial Function PDF eBook
Author Gleider Hernandez
Publisher Oxford University Press
Total Pages 369
Release 2014
Genre Law
ISBN 0199646635

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The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.

Enhancing the Rule of Law through the International Court of Justice

Enhancing the Rule of Law through the International Court of Justice
Title Enhancing the Rule of Law through the International Court of Justice PDF eBook
Author Giorgio Gaja
Publisher Martinus Nijhoff Publishers
Total Pages 180
Release 2014-07-10
Genre Business & Economics
ISBN 9004278567

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What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices". With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann

Advisory Opinions of the International Court of Justice

Advisory Opinions of the International Court of Justice
Title Advisory Opinions of the International Court of Justice PDF eBook
Author Khawar Qureshi
Publisher
Total Pages 0
Release 2018
Genre Advisory opinions
ISBN 9780854902323

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This book provides a complete guide to the vital Advisory jurisdiction of the ICJ which is available to the UN General Assembly, Security Council and UN Specialised Agencies. Subjects such as Treaty interpretation, privileges and immunities, legality of nuclear weapons, the legality of the "Wall" built by Israel in respect of the Occupied Territories have featured in the ICJ's Advisory Opinions. The author explains why the Advisory Jurisdiction is a vital and important means for the continuous clarification and development of Public International Law. The book analyses the key features of an Advisory Opinion, the process and procedure for invoking the ICJ's jurisdiction, as well as the practice of the Court with reference to its leading Advisory Opinions. The reader will find a complete schedule of all requests and answers delivered by the ICJ and its predecessor the PCIJ since 1922, as well as the relevant Rules and Practice Directions of the ICJ. "The author..[has] achieved the considerable feat of producing a book which manages to avoid the twin perils of technicality and over-simplification." Sir Christopher Greenwood, GBE, CMG, QC (Judge, International Court of Justice, 2009-2018).

Jurisdiction of the International Court of Justice

Jurisdiction of the International Court of Justice
Title Jurisdiction of the International Court of Justice PDF eBook
Author Hanqin Xue
Publisher BRILL
Total Pages 262
Release 2017-08-16
Genre Law
ISBN 9004342761

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Jurisdiction of the International Court of Justice by Judge Xue Hanqin introduces general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the International Court of Justice.