The International Court of Justice
An Arbitral Tribunal or a Judicial Body?
Authors: Forlati, Serena
Free Preview- 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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- About this book
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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.
- Table of contents (17 chapters)
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Introduction
Pages 1-16
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Introduction to Part I
Pages 19-21
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The ICJ’s Power to Adopt Rules of Court and Practice Directions
Pages 23-30
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The Composition of the Bench in Particular Cases
Pages 31-51
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The Representation of the Parties Before the ICJ
Pages 53-57
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Table of contents (17 chapters)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- The International Court of Justice
- Book Subtitle
- An Arbitral Tribunal or a Judicial Body?
- Authors
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- Serena Forlati
- Copyright
- 2014
- Publisher
- Springer International Publishing
- Copyright Holder
- Springer International Publishing Switzerland
- eBook ISBN
- 978-3-319-06179-5
- DOI
- 10.1007/978-3-319-06179-5
- Hardcover ISBN
- 978-3-319-06178-8
- Softcover ISBN
- 978-3-319-35898-7
- Edition Number
- 1
- Number of Pages
- XIII, 235
- Topics
