THE INTERNATIONAL COURT OF JUSTICE
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- Author: SERENA FORLATI
- ISBN: 9783319061788
- Availability: In Stock
Buy THE INTERNATIONAL COURT OF JUSTICE | Law Books , FOREIGN BOOKS
The
International Court of Justice is the principal judicial organ of the United
Nations, and epitomizes the very notion of international judicial institution.
Yet, it decides inter-State disputes only with the parties’ consent. This makes
it more similar to international arbitral tribunals than other international
courts.
However, the permanent nature of the Court,
the predetermination of procedural rules by the Statute and the Rules of Court,
the public character of proceedings, the opportunity for third States to
intervene in a case under Articles 62 and 63 of the Statute and the Court's
role as the principal judicial organ of the United Nations mark a structural
difference between the ICJ and non-institutionalized international arbitral
tribunals.
This book analyses if and to what extent these features
have influenced the approach of the ICJ (and of the PCIJ before it) to its own
judicial function and have led it to depart from the principles established in
international arbitration.