Sir Hersch Lauterpacht’s Concept of the Task of the International Judge

1961 ◽  
Vol 55 (4) ◽  
pp. 825-862 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
Deep Understanding ◽  
International Justice ◽  
Highly Qualified ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
The Law

When the late Sir Hersch Lauterpacht became a member of the International Court of Justice in February, 1955 (a position he was to fill effectively for barely five years, until the fall of 1959), he went to The Hague with some thirty years of devoted study and practice of international law behind him. As teacher and student of international law, as a most highly qualified publicist (in the words of Article 38(1) (d) of the Statute of the Court) of recognized universal authority, he had devoted himself both to the law in general and in particular to the problems of the judicial settlement of international disputes, whether by the Permanent Court of International Justice and its present-day successor, the International Court of Justice, or by ad hoc arbitration tribunals. Indeed, his writings as a whole display a rare preoccupation with the entire philosophy and the practical problems of the judicial settlement of international disputes, together with a deep understanding of its limitations and a satisfying freedom both from putting forward extravagant claims in its behalf and from purely theoretical speculations.

FUNDAMENTAL CHANGE OF CIRCUMSTANCES AS THE GROUND FOR THE TERMINATION OR SUSPENSION OF THE OPERATION OF AN INTERNATIONAL TREATY

2017 ◽  
Author(s):  
Mykyta Antonov ◽  
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Highly Qualified ◽  
International Court Of Justice ◽  
International Treaty ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
The Law

In this article the author examines a fundamental change of circumstances as the ground for the termination or suspension of the operation of an international treaty in accordance with Article 62 of the Vienna Convention on the Law of Treaties and Customary International Law. The interpretation of the application of the fundamental change of circumstances is analyzed in accordance with the practice of the International Court of Justice and the teachings of the most highly qualified publicists in international law of various nations.

National Judges and Judges Ad Hoc of the International Court of Justice

1999 ◽  
Vol 48 (4) ◽  
pp. 889-900 ◽  
Author(s):  
Stephen M. Schwebel
Keyword(s):  
Advisory Committee ◽  
Ad Hoc ◽  
Fundamental Problem ◽  
International Justice ◽  
State Party ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
The World

When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1

scholarly journals Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

2017 ◽  
Vol 6 (2) ◽  
pp. 125-129 ◽  
Author(s):  
Bojana Lakićević-Đuranović
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Creation ◽  
The Law

This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence of the courts is shown to have established precedents and to have an irreplaceable role in the development of the international Law of the Sea, particularly in the segment of maritime delimitations.

The Doctrine of the Equality of Nations in International Law and the Relation of the Doctrine to the Treaty of Versailles

1920 ◽  
Vol 14 (4) ◽  
pp. 540-564 ◽  
Author(s):  
S. W. Armstrong
Keyword(s):  
International Law ◽  
International Court Of Justice ◽  
Treaty Of Versailles ◽  
Court Of Justice ◽  
International Court ◽  
The Hague

The Hague Conference of 1907 had for one of its objects the formation of an international court of justice, the decisions of which were to systematize international law and resolve its inconsistencies. Such an international court, the “Court of Arbitral Justice,” was approved in principle by the Conference, but failed to be established because the Conference was unable to agree on the composition of the court.

Sources of International Organizations’ Law

2018 ◽  
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organizations ◽  
Administrative Law ◽  
Legal Obligation ◽  
Advisory Opinion ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law

This chapter reflects on the uncertainties regarding the question of why international organizations would be bound by international law. It places these uncertainties in the broader framework of a vague and ill-defined ‘turn to accountability’. As the chapter shows, international organizations are often held to account for wrongdoing without it being clear whether they have also violated an international legal obligation resting upon them. The chapter then discusses in some detail the 1980 WHO–Egypt advisory opinion of the International Court of Justice (ICJ) regarding whether the WHO could close their Alexandria office and move it to Jordan. Afterwards, the chapter reviews several recent attempts to overcome the ‘basis of obligation’ problem in the law of international organizations, such as the putative constitutionalization of international law or international organizations, the adoption of accountability models, and the emergence of Global Administrative Law.

The Resilience of the Restrictive Rules on Self-Defence

2016 ◽  
Author(s):  
Joerg Kammerhofer
Keyword(s):  
International Law ◽  
Customary Law ◽  
International Court Of Justice ◽  
Institutional Practice ◽  
Jus Ad Bellum ◽  
Court Of Justice ◽  
International Court ◽  
State Practice ◽  
The Law ◽  
Self Defence

This chapter examines the resilience of the treaty, and perhaps also customary, law on self-defence since 2001. It first considers ‘resilience’ in the context of the jus ad bellum and how law can be resilient vis-à-vis changing circumstance, opinions, interpretation, and state practice. It then looks at the indicators for and against resilience by analysing post-2001 developments, paying particular attention to three areas: jurisprudence, scholarly literature in international law, and state and institutional practice. The chapter also explains what ‘resilience’ can and cannot be, and how the law and its perceptions change—or remain the same. Two avenues on the question of what is resilient are evaluated: either the norm or its interpretation (perception) change. Finally, the chapter considers a number of cases in which the International Court of Justice has made pronouncements on and partial clarifications of important aspects of the law on self-defence since 2001.

The 1987 Elections to the International Court of Justice

1988 ◽  
Vol 25 ◽  
pp. 379-388 ◽  
Author(s):  
Edward G. Lee ◽  
Edward McWhinney
Keyword(s):  
United Nations ◽  
Security Council ◽  
Ad Hoc ◽  
Hague Convention ◽  
General Assembly ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Hague ◽  
The Hague Convention

The Statute of the International Court of Justice specifies that the nominations of candidates for election to the Court shall be made by “national groups” constituted either by the national groups in the Permanent Court of Arbitration (PGA), or by national groups appointed for this purpose “under the same conditions” as those prescribed for members of the PCA under the Hague Convention of 1907. As of May 1987, about half the member states of the United Nations — seventy-six out of one hundred and fifty-eight — were members of the PCA, but among these only sixty-two had functioning national groups. Official United Nations documents show that a great many national groups from other states, perhaps created on an ad hoc basis for the regular elections to the Court, submit nominations as provided under Article 4(2) of the Statute. Once a candidate has been nominated by one or more national groups, the state of which he is a national is free to decide whether formally to sponsor his candidacy and to seek the support of other states in the elections to be held in the General Assembly and the Security Council.

Sign in / Sign up

Export Citation Format

Share Document