The Cambridge Companion to the International Court of Justice

by Carlos Espósito (Editor), Kate Parlett (Editor)

Overview

As international law has become more present in global policy-making, the International Court of Justice (ICJ) has come to occupy an essential and increasingly visible role in international relations. This collection explores substantive developments within the ICJ and offers critical perspectives on its historical and contemporary role. It also examines the growing role of the ICJ in the settlement of international disputes and assesses the impact of the ICJ's jurisprudence on the major areas of international law, from the territorial delimitation to human rights. With contributions from a diverse range of scholars and practitioners, the collection's contents combine a legal perspective with institutional and sociological insights on the functions of the ICJ. By considering the ICJ's character, jurisdiction and effectiveness, this collection offers a varied and holistic account of the International Court of Justice, an institution whose significance and influence only increase by the day.

Product Details

ISBN-13:	9781108732840
Publisher:	Cambridge University Press
Publication date:	04/06/2023
Series:	Cambridge Companions to Law
Pages:	400
Sales rank:	907,774
Product dimensions:	6.00(w) x 9.00(h) x 1.11(d)

About the Author

Carlos Espósito is Professor of Public International Law at the University Autónoma of Madrid. He has taught at numerous universities and institutions around the world, including at the Hague Academy of International Law and as a Visiting Professor of Law at the University of California, Berkeley, and Paris I (Panthéon-Assas). Carlos was Vice President of the European Society of International Law, Former Counsel and Deputy Legal Advisor at the International Law Department of the Spanish Ministry of Foreign Affairs and Cooperation.

Kate Parlett is a barrister at Twenty Essex in London, specialising in public international law and international arbitration. Kate regularly appears as an advocate before the International Court of Justice. Kate has taught public international law, international investment and commercial arbitration, and international human rights law at the universities of Cambridge, Paris-II (Panthéon-Assas), Queen Mary University of London, Queen's University, Canada, and Queensland, and at the Graduate Institute in Geneva.

Table of Contents

Introduction Carlos Espósito and Kate Parlett; Part I. The Role of the ICJ: 1. The functions of the international court of justice Judge James Crawford, Freya Baetens and Rose Cameron; 2. The role of an international court of justice judge Judge Sir Kenneth Keith; 3. The role of the international court of justice in the development of international law Dire Tladi; 4. The institutional context of the international court of justice Tom Ginsburg; 5. Assessing the effectiveness of the international court of justice Rotem Giladi and Yuval Shany; Part II. The ICJ and International Dispute Settlement: 6. The jurisdiction of the court Jean-Marc Thouvenin; 7. Provisional measures Kolb; 8. The international court of justice as the master of the sources Jean D'Aspremont; 9. Fact finding and expert evidence James Devaney; 10. The ICJ and other courts and tribunals: integration and fragmentation Philippa Webb; 11. The working practices of the court Callista Harris; 12. Procedure in contentious cases: evolution and innovation Kate Parlett and Amy Sanders; 13. Effective advocacy at the ICJ Samuel Wordsworth and Kate Parlett; Part III. The Impact of The ICJ's Jurisprudence: 14. The law of treaties Antonio Remiro Brotóns; 15. Territorial disputes Marcelo G. Kohen and Mamadou Hébié; 16. Law of the Sea Nilufer Oral; 17. International environmental law Daniel Bodansky; 18. The law of state responsibility Federica Paddeu; 19. Jurisdictional immunities Roger O'Keefe; 20. The use of force Alejandro Chehtman; 21. International organizations law Jan Klabbers; 22. Human rights Carlos Espósito.

Editorial Reviews

‘This is an invaluable guide for both scholars and practitioners alike. It goes beyond a comprehensive examination of the Court’s procedures by offering a remarkable analysis of the Court’s role in a broader context and its contribution to the development of international law.’ Yuji Iwasawa, Judge, International Court of Justice

‘Carlos Espósito and Kate Parlett have edited an extremely valuable book. It is an indispensable guide to the role and functions of the International Court of Justice, with rich analysis and fascinating insights about its jurisprudence, written by an outstanding group of international law scholars and practitioners. Highly recommended.’ Santiago Torres Bernárdez, Former Registrar and Judge ad hoc, International Court of Justice

‘With contributions from leading academics and practitioners in the field, this is an extremely useful tool to understand the role of the ICJ, its contribution to international dispute settlement and the impact of its jurisprudence.’ Patrícia Galvão Teles, Autonomous University of Lisbon

‘This is an invaluable guide for both scholars and practitioners alike. It goes beyond a comprehensive examination of the Court’s procedures by offering a remarkable analysis of the Court’s role in a broader context and its contribution to the development of international law.’ Yuji Iwasawa, Judge, International Court of Justice

‘In twenty-two focused chapters, this collection offers insights into the ICJ’s practice of dispute settlement and its contribution to the development of international law. Readers new to the subject will find authoritative guidance, accessibly presented. Those acquainted with the Court may find some of their assumptions challenged. This is an important addition to the literature on the World Court.’ Christian J. Tams, University of Glasgow

‘Carlos Espósito and Kate Parlett have edited an extremely valuable book. It is an indispensable guide to the role and functions of the International Court of Justice, with rich analysis and fascinating insights about its jurisprudence, written by an outstanding group of international law scholars and practitioners. Highly recommended.’ Santiago Torres Bernárdez, Former Registrar and Judge ad hoc, International Court of Justice

From the Publisher