The Statute of the International Court of Justice: A Commentary / Edition 3

by Andreas Zimmermann, Christian J. Tams, Karin Oellers-Frahm, Christian Tomuschat

Overview

This landmark publication in the field of international law delivers expert assessment of new developments in the important work of the International Court of Justice (ICJ) from a team of renowned editors and commentators.The ICJ is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its third edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure.

Six years after the publication of the second edition, the third edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past, and looks forward to those it will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work.

In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes two scene-setting chapters: Historical Introduction and General Principles of Procedural Law, as well as important and instructive chapters on Counter-Claims, Discontinuation and Withdrawal, and Evidentiary Issues.

Product Details

ISBN-13:	9780198814894
Publisher:	Oxford University Press
Publication date:	05/21/2019
Series:	Oxford Commentaries on International Law
Edition description:	3rd ed.
Pages:	2016
Product dimensions:	9.70(w) x 7.30(h) x 2.80(d)

About the Author

Andreas Zimmermann, Professor of International and European Law, University of Potsdam,Christian J. Tams, Chair of International Law, University of Glasgow

Professor Dr. Andreas Zimmermann is Professor at the University of Potsdam and Director of the Potsdam Centre of Human Rights; Dr. jur. (Heidelberg), LL.M. (Harvard); adviser German delegation United Nations Diplomatic Conference on the Establishment of an International Criminal Court; member Permanent Court of Arbitration; counsel in various cases before the ICJ and arbitral tribunals; judge ad hoc European Court of Human Rights (until 2018); member advisory boards on UN issues and on public international law German Ministry of Foreign Affairs; member of the advisory committee on international humanitarian law of the German Red Cross; member of the Human Rights Committee.

Christian J. Tams is Professor of International Law at the University of Glasgow, where he directs the LLM in international law. He is a qualified lawyer in Germany (admitted in 2005) and holds LL.M. and Ph.D. degrees from the University of Cambridge. His research in international law focuses on the settlement of international disputes, the law of State responsibility and investment arbitration. In addition to his academic work, Professor Tams practices international law as an academic member of Matrix Chambers, London, with a focus on inter-State disputes and investment arbitration.

Table of Contents

PART ONE: INTRODUCTIONGeneral Introduction, TomkaHistorical Introduction, SpiermannPART TWO: RELEVANT PROVISIONS OF THE UN CHARTERArticle 2, para. 3 UN Charter, Caron/TomuschatArticle 7 UN Charter, Gowlland-Debbas/ForteauArticle 33 UN Charter, Caron/TomuschatArticle 36 UN Charter, GiegerichArticle 92 UN Charter, Chesterman/Oellers-FrahmArticle 93 UN Charter, Oellers-Frahm/ZimmermannArticle 94 UN Charter, TamsArticle 95 UN Charter, FinkeArticle 96 UN Charter, d'ArgentPART THREE: STATUTE OF THE INTERNATIONAL COURT OF JUSTICEArticle 1, Chesterman/Gowlland-DebbasChapter I. Organization of the CourtArticle 2, Aznar/MethymakiArticle 3, Aznar/BoosArticle 4, GeorgetArticle 5, GeorgetArticle 6, GeorgetArticle 7, GeorgetArticle 8, GeorgetArticle 9, FassbenderArticle 10, FassbenderArticle 11, FassbenderArticle 12, FassbenderArticle 13, DugardArticle 14, DugardArticle 15, DugardArticle 16, CouvreurArticle 17, CouvreurArticle 18, Anderson/WordsworthArticle 19, Anderson/WordsworthArticle 20, KhanArticle 21, ShawArticle 22, ShawArticle 23, OllivierArticle 24, Jennings/CouvreurArticle 25, PalchettiArticle 26, PalchettiArticle 27, PalchettiArticle 28, PalchettiArticle 29, PalchettiArticle 30, ThirlwayArticle 31, Kooijmans/BordinArticle 32, EspositoArticle 33, EspositoRelationship of the ICJ with Other International Courts and Tribunals, GajaChapter II. Competence of the CourtArticle 34, Dupuy/HossArticle 35, ZimmermannArticle 36, TomuschatArticle 37, Simma/Richemond-BarakArticle 38, Pellet/MullerGeneral Principles of Procedural Law, KolbChapter III. ProcedureArticle 39, KohenArticle 40, YeeCounter-Claims Article 80 of the Rules, MurphyArticle 41, Oellers-Frahm/ZimmermannArticle 42, Berman/HernandezArticle 43, MacakArticle 44, WalterArticle 45, YeeArticle 46, von Schorlemer/TzanakopoulosArticle 47, von Schorlemer/TzanakopoulosArticle 48, Torres Bernardez/Moise MbengueEvidentiary Issues, BenzingArticle 49, Tams/DevaneyArticle 50, Tams/DevaneyArticle 51, TamsArticle 52, TamsArticle 53, von Mangoldt/ZimmermannArticle 54, FassbenderArticle 55, FassbenderArticle 56, DamroschArticle 57, Hofmann/KarlArticle 58, KhanArticle 59, BrownDiscontinuance and Withdrawal, WegenArticle 60, Zimmermann/ThienelArticle 61, Zimmermann/GeissArticle 62, Miron/ChinkinArticle 63, Miron/ChinkinArticle 64, EspositoChapter IV. Advisory OpinionsArticle 65, d'ArgentArticle 66, PaulusArticle 67, PaulusArticle 68, Cot/WittichChapter V. AmendmentArticle 69, KarlArticle 70, Karl

Editorial Reviews

"It has no equivalent as regards to its comprehensive treatment of the topic, nor with respect to the great number of authors involved (and their overall unrivalled credentials). It is therefore likely that the book will remain one of the must-have research tools for academics in the field and practitioners alike." —Pierre-Emmanuel Dupont, Chinese Journal of International Law

"This is the sort of book that delights the reader in the sense that he or she need not search anywhere for further information, as all that there is to be said on the ICJ Statute is largely contained here. It is not simply the wealth of information that is important, but the degree of legal analysis that is coupled with references to practice... Overall, this is one of the richest treaty commentaries I have read for some time. The wealth of information and analysis is such that the reader need not search anywhere for a more elaborate insight. A monumental work for the benefit of current and future generations of international lawyers."-Ilias Bantekas, International and Comparative Law Quarterly

From the Publisher