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The Development of International Law by the International Court

The Development of International Law by the International Court


Part of Grotius Classic Reprint Series

  • Date Published: July 2011
  • availability: Available
  • format: Paperback
  • isbn: 9780521158404

$ 30.99

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About the Authors
  • Originally published in 1958, as a revised edition of The Development of International Law by the Permanent Court of International Justice (1934), this book received the Annual Award of the American Society of International Law in 1960. The achievement of the text is that, rather than attempting to provide a treatise on the organisation of international law, or a systematic digest of decisions made, it finds its basis in an appraisal of the international judicial process as a factor in the development of the law. From this position, ideas of great depth and subtlety are put forward regarding the nature of international justice and its possibilities. This is an important book that will be of value to anyone with an interest in its subject.

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    Product details

    • Date Published: July 2011
    • format: Paperback
    • isbn: 9780521158404
    • length: 430 pages
    • dimensions: 229 x 152 x 27 mm
    • weight: 0.67kg
    • availability: Available
  • Table of Contents

    Table of cases
    Part I. The Law Behind the Cases:
    1. The international court as an agency for developing international law
    2. The occasions for and the substance of judicial pronouncements
    3. The reasons behind the cases
    4. Judicial technique and the development of the law
    Part II. Judicial Caution:
    5. Manifestations of judicial caution
    6. Judicial restraint. The jurisdiction of the court
    7. Judicial hesitation. Preparatory work in the interpretation of treaties
    8. Appearance of judicial indecision
    Part III. Judicial legislation
    9. Judicial legislation through application of general principles of law
    10. Judicial legislation by reference to parallel developments in international law
    11. Judicial legislation on account of of absence of generally accepted law
    12. Judicial legislation and the jurisdiction of the court
    13. Judicial legislation and adjudication ex aequo et bono
    Part IV. The Effectiveness of the Law:
    14. The principle of effectiveness and the function of interpretation
    15. Effectiveness and finality of international settlement and adjudication
    16. Effectiveness of provisions conferring jurisdiction
    17. Effectiveness of equality clauses
    18. Effectiveness of international institutions and international organisation
    19. The limits of the principle of effectiveness
    Part V. The Court and State Sovereignty
    Section 1. Restraints upon Claims of Sovereignty:
    20. In general
    21. The province of treaties
    22. State responsibility and the claims of sovereignty
    23. Wider aspects of sovereignty
    24. Conclusions
    Section 2. Recognition of Claims of Sovereignty:
    25. In general
    26. Problems of jurisdiction
    27. Sovereign freedom of action
    28. State sovereignty and customary international law
    29. Conclusion

  • Editor

    Hersch Lauterpacht

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