Jurisdiction of the International Court of Justice: Collected Courses of the Xiamen Academy of International Law, cartea 10
Editat de Hanqin Xueen Limba Engleză Hardback – 15 aug 2017
This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.
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Specificații
ISBN-13: 9789004342750
ISBN-10: 9004342753
Pagini: 252
Dimensiuni: 155 x 235 x 22 mm
Greutate: 0.5 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Collected Courses of the Xiamen Academy of International Law
ISBN-10: 9004342753
Pagini: 252
Dimensiuni: 155 x 235 x 22 mm
Greutate: 0.5 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Collected Courses of the Xiamen Academy of International Law
Cuprins
1 Introduction
1 A Historical Review
aEuropean Arbitrations in the 19th Century and the Permanent Court of Arbitration
bThe First World Court—pcij
cThe World Court under a New Order
2 A Hindsight—70 Years’ Experience
aThe Initial Success—1946 to 1965
bA Dormant Period—1966 to 1984
cTowards a Revival—1985 to 1990
dNew Challenges—1991 to the Present
2 The General Concepts
1 The Concept of Jurisdiction at International Level
2 Competence and Jurisdiction
3 Jurisdiction and Admissibility
4 Justiciability
5 Judicial Propriety
6 Non-appearance
3 Basic Rules and Principles—Part One
1 The Importance of the Principle of Consent
2 Modes of Expression of Consent
aConsent Granted by Agreements
bConsent Conferred by a Declaration of Acceptance of Compulsory Jurisdiction
cConsent Based on Forum Prorogatum
dConsent Derived from Other Sources
3 Mutuality and Reciprocity
aScope of Consent
aReservations and Conditions Attached to the Consent
4 Withdrawal of Consent
4 Basic Rules and Principles—Part Two
1 The Principle of Finality, res judicata
aThe Concept of res judicata
bWhat Constitutes res judicata
2 Article 59 of the Statute—The res inter alios acta rule
aThe Scope of res inter alios acta
aProtection of the Interest of the Third Party
3 The Monetary Gold Rule
4 The non ultra petita Rule
5 Preconditions for the Exercise of Jurisdiction
1 Existence of a Dispute
aThe Notion of a Dispute
bDetermination of the Existence of a Dispute
cThe Relevant Date and the Existence of a Dispute
dThe Subject-matter of a Dispute
2 Negotiation and Other Preconditions for the Seisin of the Court
aPrior Negotiation as a Condition
bPrecondition Attached to Declarations Accepting Compulsory Jurisdiction of the Court
cPrecondition in a Compromissory Clause
6 Competent Parties—Jurisdiction Ratione Personae
1 States—Access to the Court and Jurisdiction ratione personae
aMembers of the United Nations
bNon-members of the United Nations
cAccess to the Court in Case of State Succession
dThe Role of States in Advisory Proceedings
2 International Organizations
aThe Role in Contentious Cases
aRequests for Advisory Opinions
3 Jurisdictional Issues in Incidental Proceedings
aInterim Protection
aIntervention
cCounter-Claims
7 Subject-Matter Jurisdiction and Temporal Jurisdiction
1 Jurisdiction ratione materiae
aThe Concept of Subject-Matter Jurisdiction
bThe Title of Jurisdiction
cMultiple Titles of Jurisdiction
dIdentification of the Subject-Matter
eJurisdiction ratione materiae and Obligations erga omnes
2 Jurisdiction ratione temporis
8 Objections to Jurisdiction and Admissibility
1 Jurisdiction as a Matter for the Court to Decide
2 Preliminary Phase—Possible Bifurcation of the Proceedings
3 Decisions on Preliminary Questions
Conclusion
Bibliography
List of Cases
Index
1 A Historical Review
aEuropean Arbitrations in the 19th Century and the Permanent Court of Arbitration
bThe First World Court—pcij
cThe World Court under a New Order
2 A Hindsight—70 Years’ Experience
aThe Initial Success—1946 to 1965
bA Dormant Period—1966 to 1984
cTowards a Revival—1985 to 1990
dNew Challenges—1991 to the Present
2 The General Concepts
1 The Concept of Jurisdiction at International Level
2 Competence and Jurisdiction
3 Jurisdiction and Admissibility
4 Justiciability
5 Judicial Propriety
6 Non-appearance
3 Basic Rules and Principles—Part One
1 The Importance of the Principle of Consent
2 Modes of Expression of Consent
aConsent Granted by Agreements
bConsent Conferred by a Declaration of Acceptance of Compulsory Jurisdiction
cConsent Based on Forum Prorogatum
dConsent Derived from Other Sources
3 Mutuality and Reciprocity
aScope of Consent
aReservations and Conditions Attached to the Consent
4 Withdrawal of Consent
4 Basic Rules and Principles—Part Two
1 The Principle of Finality, res judicata
aThe Concept of res judicata
bWhat Constitutes res judicata
2 Article 59 of the Statute—The res inter alios acta rule
aThe Scope of res inter alios acta
aProtection of the Interest of the Third Party
3 The Monetary Gold Rule
4 The non ultra petita Rule
5 Preconditions for the Exercise of Jurisdiction
1 Existence of a Dispute
aThe Notion of a Dispute
bDetermination of the Existence of a Dispute
cThe Relevant Date and the Existence of a Dispute
dThe Subject-matter of a Dispute
2 Negotiation and Other Preconditions for the Seisin of the Court
aPrior Negotiation as a Condition
bPrecondition Attached to Declarations Accepting Compulsory Jurisdiction of the Court
cPrecondition in a Compromissory Clause
6 Competent Parties—Jurisdiction Ratione Personae
1 States—Access to the Court and Jurisdiction ratione personae
aMembers of the United Nations
bNon-members of the United Nations
cAccess to the Court in Case of State Succession
dThe Role of States in Advisory Proceedings
2 International Organizations
aThe Role in Contentious Cases
aRequests for Advisory Opinions
3 Jurisdictional Issues in Incidental Proceedings
aInterim Protection
aIntervention
cCounter-Claims
7 Subject-Matter Jurisdiction and Temporal Jurisdiction
1 Jurisdiction ratione materiae
aThe Concept of Subject-Matter Jurisdiction
bThe Title of Jurisdiction
cMultiple Titles of Jurisdiction
dIdentification of the Subject-Matter
eJurisdiction ratione materiae and Obligations erga omnes
2 Jurisdiction ratione temporis
8 Objections to Jurisdiction and Admissibility
1 Jurisdiction as a Matter for the Court to Decide
2 Preliminary Phase—Possible Bifurcation of the Proceedings
3 Decisions on Preliminary Questions
Conclusion
Bibliography
List of Cases
Index
Notă biografică
Xue Hanqin, LLM, JSD (Columbia); currently Judge of the International Court of Justice; former Director-General of the Treaty and Law Department of Ministry of Foreign Affairs of China; member of the International Law Commission (2001-2010); member of Institut de droit international; Vice President of the Chinese Society of International Law; President of the Asian Society of International Law (2009-2011).