The International Court of Justice : An Arbitral Tribunal or a Judicial Body? / by Serena Forlati.
2014
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Author
Title
The International Court of Justice : An Arbitral Tribunal or a Judicial Body? / by Serena Forlati.
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Edition
1st ed. 2014.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2014.
Description
XIII, 235 p. online resource
Formatted Contents Note
Introduction
Introduction to Part I
The ICJ's Power to Adopt Rules of Court and Practice Directions
The Composition of the Bench in Particular Cases
The Representation of the Parties before the ICJ
The Organisation of Contentious Proceedings
The Adoption of Provisional Measures under Article 41 of the Statute
Conclusions to Part I
Introduction to Part II
Judgments infra Petita
Judgments ultra Petita
Conclusions to Part II
Introduction to Part III
Intervention under Article 63 of the Statute
Intervention under Article 62
Conclusions to Part III
Conclusions.
Introduction to Part I
The ICJ's Power to Adopt Rules of Court and Practice Directions
The Composition of the Bench in Particular Cases
The Representation of the Parties before the ICJ
The Organisation of Contentious Proceedings
The Adoption of Provisional Measures under Article 41 of the Statute
Conclusions to Part I
Introduction to Part II
Judgments infra Petita
Judgments ultra Petita
Conclusions to Part II
Introduction to Part III
Intervention under Article 63 of the Statute
Intervention under Article 62
Conclusions to Part III
Conclusions.
Summary
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties' consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
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Language
English
ISBN
9783319061795
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