Overview
Carefully analyses the practice of the Permanent Court of International Justice and of the International Court of Justice
Compares the role of the ICJ with the one of international arbitral tribunals
Contributes to the understanding of the international judicial function more generally
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Table of contents (17 chapters)
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Front Matter
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‘Arbitral’ and ‘Judicial’ Features of ICJ Contentious Proceedings
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Front Matter
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The Court’s Role in the Identification of the Subject-Matter of a Judgment
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Front Matter
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Keywords
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: The International Court of Justice
Book Subtitle: An Arbitral Tribunal or a Judicial Body?
Authors: Serena Forlati
DOI: https://doi.org/10.1007/978-3-319-06179-5
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2014
Hardcover ISBN: 978-3-319-06178-8Published: 07 July 2014
Softcover ISBN: 978-3-319-35898-7Published: 23 August 2016
eBook ISBN: 978-3-319-06179-5Published: 23 June 2014
Edition Number: 1
Number of Pages: XIII, 235
Topics: Sources and Subjects of International Law, International Organizations, Dispute Resolution, Mediation, Arbitration