Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales.

A successor to the League of Nation's Permanent Court of International Justice, the International Court of Justice was established in 1946 by the United Nations. Written during its early years, this incisive study outlines how the court functioned as an "instrument for the maintenance of international peace and security" and how it may function in the future. Though skeptical that the court would be a powerful institution, Lissitzyn believed its rulings would have a modest but notable effect on the development of international law. Long out of print, this essay was originally published in the Carnegie series United Nations Studies.

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 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.

This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.

Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination. This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.

This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the case law of the ICJ through the prism of the functional interaction between negotiation and judicial settlement of disputes. In cases where legal interests of third States are involved this functional interaction becomes even more complex. The focus is not on the merits of each individual case, but on the Court’s contribution and clarification of this functional interplay. The systematic analysis of the Court’s jurisprudence makes this book essential reading for those involved with and studying international law and justice.

In approaching the writing of Intervention in the International Court of Justice, the author soon reached two conclusions. The first was that in order to understand the attitude of the Court today in applying the provisions of Articles 62 and 63 of the Statute, considerable importance attaches to their legislative history. In the Barcelona Traction (Preliminary Objections) case the Court referred to the `drafting records' of certain provisions of the Rules of Court under consideration there. The second conclusion was that examination of the decisions of the Court in intervention proceedings incidentally and in isolation from the case as a whole could put the material out of focus. The Court's position in a case of intervention can only be fully assessed in the context of the proceedings as a whole, when the real influence of the intervention phase on the final decision comes into the open. In addition, a new dimension, that of modern diplomacy, could be added to an understanding of the difficulties posed - for the Court, for individual States and for their legal advisers - by the institution of intervention. The book is based on a series of courses given by the author as Belle van Zuylen Professor in the Humanities at the University of Utrecht in 1986--1987. Nicaragua's intervention in the `Land, Island and Maritime Frontier Dispute' case between El Salvador and Honduras before a Chamber of the International Court led to a complete reexamination of the whole work, and to this current publication.

The extent to which law circumscribes the activities of states is an old dilemma in international law. The traditional position of the states has been that some areas of international relations are not susceptible to legal resolution. This arises from a desire to protect as much sovereignty as possible. Opposed to this is the position which suggests that there are no issues to which international law does not speak. At stake is the usefulness of international adjudication. This book addresses this political/legal dichotomy through doctrinal study and case law. The considerations of previous scholars, as well as state practice and the opinions of various international courts are all included. The author finds that although scholarly opinion and state practice incline toward a more realist position that recognizes the imperatives of state sovereignty, the International Court of Justice has never turned away a case due to the political sensitivities of the subject matter or of the disputants. The Court has quietly set a jurisprudence for the international community that is more idealistic than realistic.