Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Easter Closing

We will be closed between Friday 29th March and Monday 1st April for the Easter Bank Holidays, reopening at 8.30am on Tuesday 2nd April. Any orders received during this period will be processed with when we re-open.

Hide this message

Litigation at the International Court of Justice: Practice and Procedure


ISBN13: 9789004297500
Published: June 2015
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £325.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Litigation at the International Court of Justice provides a systematic guide to questions of procedure arising when States come before the International Court of Justice to take part in contentious litigation. Quintana's approach is primarily empirical and emphasis is put on examples derived from actual practice. This book is mainly intended to help practitioners and advisors to governments engaged in actual cases and deliberately avoids theoretical discussions, favoring a pragmatic stance that is focused not so much on what authors have to say on any given topic concerning procedure, but rather on presenting, directly “from the Court’s mouth,” as it were, what ICJ judges actually have done and said over the last ninety years concerning such questions.

Subjects:
Public International Law
Contents:
Acknowledgments
Preface
A note on the quotation of decisions by the ICJ
List of abbreviations
Foreword by Eduardo Valencia-Ospina
PART I
FOUNDATIONS OF THE LITIGATION
1. Access
a) Capacity to be a party
b) Access and jurisdiction
c) The question of standing
d) States parties to cases
e) Parties to cases: Legal and practical implications
2. Jurisdiction
a) The principle of consent
b) Legal disputes
c) Exhaustion of diplomatic negotiations
d) Jurisdiction and propriety
e) The title of jurisdiction
f) Jurisdiction perfected by means of acts of procedure (forum prorogatum)
g) Incidental and interlocutory jurisdiction
PART II
PREPARING FOR AND STARTING THE LITIGATION
3. Governing instruments
a) Sources of the Procedural Law of the ICJ
b) Governing provisions and implementing regulations
c) The Statute
d) The Rules of Court
e) The Practice Directions
f) Procedural decisions
4. Procedure: General aspects
a) Components of procedure: Written stage and oral stage
b) Phases of a case and interlocutory proceedings
c) The Bench for a case: Changes in the composition of the Court
d) Pre-adjudicative steps by the parties
5. Institution of proceedings
a) The concept of seisin
b) Methods for instituting proceedings
c) Instituting proceedings by way of an Application
d) Instituting proceedings by way of a Special Agreement
e) Instituting incidental and derivative proceedings
f) Pre-adjudicative steps by the Court
Part III
CONDUCTING THE LITIGATION
(ORDINARY PROCEEDINGS)
6. Written proceedings stage: The pleadings
a) Number and order of pleadings
b) Contents of the pleadings
c) Annexes
d) Questions of language, printing and format
e) Closure of the written proceedings stage
f) “New documents”
g) Access to the pleadings
7. Oral proceedings stage: The hearings
a) The hearings
b) The final submissions
c) Questions for the parties
d) Closing (and reopening) of the oral stage
8. Evidence
a) The burden of proof
b) The standard of proof
c) Production and handling of evidence
d) Types of evidence
Part IV
ENDING THE LITIGATION
9. Modes of termination
a) Summary dismissal
b) Discontinuance
10. The Decision
a) The reading of the decision
b) Formal features and contents of the decision
c) The reasoning section: Aspects of methodology
d) Correction of errors in a decision
e) Individual opinions
f) Legal effects of the decision
g) Compliance and enforcement
Part V
THE LITIGATION INTERRUPTED
(INCIDENTAL PROCEEDINGS)
11. Provisional Measures
a) Prospects of jurisdiction on the merits
b) The proper object of provisional measures
c) Conditions for the indication of provisional measures
d) Modalities of measures
e) Procedure
f) Legal effects of provisional measures
g) Compliance
12. Challenges to jurisdiction
a) The principle
b) Ex officio consideration of jurisdictional matters
c) Methods for challenging the Court’s jurisdiction
d) Jurisdictional questions and provisional measures
e) Characterizing preliminary objections
f) Handling of objections by the Court
g) Procedure
13. Counter-claims
a) Admissibility
b) Procedure
14. Intervention under Article 62 of the Statute
a) Discretional intervention
b) Admissibility
c) Procedure
d) Intervention as a party?
e) Legal effects of the intervention
f) Cases of non-intervention: The Monetary Gold doctrine
15. Intervention under Article 63 of the Statute
a) Admissibility
b) Procedure
c) Legal effects of the intervention
Part VI
THE LITIGATION REVISITED
(DERIVATIVE PROCEEDINGS)
16. Interpretation of judgments
a) Article 60 of the Statute
b) Jurisdiction
c) Admissibility
d) Interpretation of judgments and provisional measures
e) Procedure
17. Revision of judgments
a) Admissibility
b) Procedure
Part VII
OTHER ASPECTS OF THE LITIGATION
18. Other litigation devises: Joinder, lack of appearance, appeals and remedies
(i) Joinder
a) Formal joinder
b) Other forms of common action
(ii) Lack of appearance
a) Jurisdiction
b) Procedure
c) Questions of evidence
d) Extra-procedural documentation
(iii) Appeals (Special reference to the Court)
a) Jurisdiction
b) Procedure
(iv) Remedies
a) Jurisdiction
b) Types of remedies
c) Procedure
19. Litigation before Chambers
a) Special Chambers
b) ad hoc Chambers
c) Chamber of Summary Procedure
d) An assessment of the Chambers system
20. Litigation in advisory proceedings
a) The Question of access
b) Questions of jurisdiction
c) Questions of procedure
List of Boxes
Appendix 1: PCIJ, List of Cases
Appendix 2: ICJ, List of Cases