International Courts and the Development of International Law

Essays in Honour of Tullio Treves

Editors: Boschiero, N., Scovazzi, T., Pitea, C., Ragni, C. (Eds.)

  • Collection of high quality expert contributions to the progressive debate on the development of international law

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About this book

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.

Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.

In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.

The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

About the authors

Nerina Boschiero and Tullio Scovazzi are both professor of international law at the Universities of, respectively, Milan and Milano-Bicocca, Italy. Chiara Ragni and Cesare Pitea are both researcher in international law at the Universities of, respectively, Milan and Parma, Italy.

Table of contents (63 chapters)

  • Homage to Judge Tullio Treves

    Oxman, Bernard H.

    Pages 3-10

  • L’Équation de Salomon

    Dupuy, Pierre-Marie

    Pages 11-15

  • Le juge et la codification du droit de la responsabilité

    Arcari, Maurizio

    Pages 19-30

  • The Effect of Armed Conflict on Treaties: A Stocktaking

    Caflisch, Lucius

    Pages 31-54

  • The Growth of Specialized International Tribunals and the Fears of Fragmentation of International Law

    Caminos, Hugo

    Pages 55-64

Buy this book

eBook $219.00
price for USA (gross)
  • ISBN 978-90-6704-894-1
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $279.00
price for USA
  • ISBN 978-90-6704-893-4
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
International Courts and the Development of International Law
Book Subtitle
Essays in Honour of Tullio Treves
Editors
  • Nerina Boschiero
  • Tullio Scovazzi
  • Cesare Pitea
  • Chiara Ragni
Copyright
2013
Publisher
T.M.C. Asser Press
Copyright Holder
T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors
eBook ISBN
978-90-6704-894-1
DOI
10.1007/978-90-6704-894-1
Hardcover ISBN
978-90-6704-893-4
Edition Number
1
Number of Pages
XXXIX, 951
Topics