Présentation de l'éditeur

In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing. This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.

Hugh Thirlway , Former Principal Legal Secretary, International Court of Justice; Former Professor of International Law, Graduate Institute of International Studies, Geneva

Hugh Thirlway entered the service of the International Court of Justice in 1968; he held the specially created post of Principal Legal Secretary from 1987 to 1994 and from 2003 to 2007. In the intervening years he was Professor of International Law at the Graduate Institute of International Studies, Geneva, and he has since held a number of academic positions in many countries; throughout he has written extensively on international law and the work of the ICJ.

240 pages

Sommaire

Part One: The Court

1: The Court as an Organ of the United Nations
2: Composition of the Court and Role of the Registry

Part Two: The Jurisdiction and Powers of the Court

3: The Law Applied by the Court
4: Jurisdiction in Contentious Cases
5: Jurisdiction in Contentious Cases (Continued)
6: Jurisdiction in Advisory Proceedings

Part Three: Contentious Proceedings

7: Overview of Contentious Proceedings
8: The Proceedings in a Contentious Case

Part Four: Advisory Proceedings

9: Procedure in Advisory Cases

Part Five: The Decision

10: Form, Content, and Preparation of Decisions
11: Form, Content, and Preparation of Decisions
12: Judges' Separate and Dissenting Opinions

Part Six: Incidental Proceedings

13: Provisional Measures
14: Preliminary Objections
15: Intervention

Part Seven: The Post-adjudicative Stage

16: Interpretation and Revision of Judgments

Part Eight: The Court and the Future

17: The Court at 70 : Concluding Reflections