International Courts and the Development of International Law

Essays in Honour of Tullio Treves

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book International Courts and the Development of International Law by , T.M.C. Asser Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9789067048941
Publisher: T.M.C. Asser Press Publication: March 15, 2013
Imprint: T.M.C. Asser Press Language: English
Author:
ISBN: 9789067048941
Publisher: T.M.C. Asser Press
Publication: March 15, 2013
Imprint: T.M.C. Asser Press
Language: English

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.

Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.

In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.

The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.

Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.

In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.

The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

More books from T.M.C. Asser Press

Cover of the book Financing Services of General Economic Interest by
Cover of the book Health Care and EU Law by
Cover of the book EU External Relations Law and Policy in the Post-Lisbon Era by
Cover of the book Essays on Law and War at the Fault Lines by
Cover of the book The 'Contextual Elements' of the Crime of Genocide by
Cover of the book Victim Participation in International Criminal Justice by
Cover of the book Child Soldiers as Agents of War and Peace by
Cover of the book Nuclear Non-Proliferation in International Law - Volume I by
Cover of the book The War Crime of Child Soldier Recruitment by
Cover of the book Towards Global Justice: Sovereignty in an Interdependent World by
Cover of the book The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law -La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence by
Cover of the book Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union by
Cover of the book Netherlands Yearbook of International Law 2014 by
Cover of the book The Participation of the EU in International Dispute Settlement by
Cover of the book Yearbook of International Humanitarian Law Volume 18, 2015 by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy