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The Advisory Function of the International Court of Justice 1946 - 2005

Autor Mahasen Mohammad Aljaghoub
en Limba Engleză Paperback – 13 oct 2010
The book provides a comprehensive analysis of the advisory role of the International Court of Justice in light of its jurisprudence and overall contribution over a period of more than 55 years. The author highlights the "organic connection" between UN organs and the Court and the Court’s contribution as one of the UN’s principal organs to the Organisation. The basic argument of this study is that the advisory function should be understood as a two-sided process involving the interplay between UN organs and the ICJ. The request for and the giving of an advisory opinion is a collective coordinated process, involving more than one organ or part of the Organisation.
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Specificații

ISBN-13: 9783642071409
ISBN-10: 3642071406
Pagini: 316
Ilustrații: XXX, 285 p.
Dimensiuni: 155 x 235 x 17 mm
Greutate: 0.45 kg
Ediția:Softcover reprint of hardcover 1st ed. 2006
Editura: Springer Berlin, Heidelberg
Colecția Springer
Locul publicării:Berlin, Heidelberg, Germany

Public țintă

Research

Descriere

I am pleased to write these words by way of a foreword to Dr. Mahasen Alj- houb’s book “The Advisory Function of the International Court of Justice”. I do so with a sense of pride in the achievement of a fellow countrywoman and, me- phorically speaking, a sister in law. My pride is coupled with hope and a nascent optimism that she – and a group of young Jordanian academics, mostly recent graduates of universities in the United Kingdom – will contribute further and significantly to the teaching and d- semination of international law in Jordan and, if I do not strain hope by hoping too much, in a region in which, notwithstanding its past glory, the culture of law has for too long been superceded by the logic of power politics and unbridled raison d’état. My only hesitation in writing this foreword is that a particularly heavy Court schedule has permitted me only a chance at a perusal of the contents of the book. A perusal which, whilst more than casual, falls short of the serious study that it deserves. Yet, I can unhesitatingly concur with the verdict of the internal and - ternal examiners who praised Dr. Aljaghoub’s thesis (as it then was) for “its th- oughness, detail and authoritativeness on this important area of international law”.

Cuprins

The Advisory Function of the International Court of Justice in an Historical Context.- The Advisory Jurisdiction of the ICJ: Compilance with Requests and the Court's Discretion in Giving Advisory Opinions.- The Role of the ICJ as the Principal Judicial Organ of the UN and the Implications of This Role for the Court's Advisory Function.- The Judicial Character of the ICJ's Advisory Function and the Problem of Consent.- Procedural Aspects of the Advisory Function of the ICJ.- The Contribution of Advisory Opinions to the Development of the Law of International Institutions and to Public International Law.- The Attitude of United Nations Member States Toward the Use of the Advisory Procedure.- The Reception of Advisory Opinions.- The Advisory Function of the ICJ: Concerns, Limitations and Future Role.

Caracteristici

Comprehensive analysis of the advisory role of the International Court of Justice
Includes supplementary material: sn.pub/extras