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Vol 21 No 11 Nov/Dec 2016

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Failings of the International Court of Justice (eBook)


ISBN13: 9780190299156
Published: January 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: eBook (ePub)
Price: £45.83 + £9.17 VAT
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Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world.

In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive. The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court.

It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law.

The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.

Subjects:
Public International Law, eBooks, Courts and Procedure
Contents:
ACKNOWLEDGMENTS
INTRODUCTION
CHAPTER 1 - THE FORMAL AUTHORITY OF THE COURT
CHAPTER 2 - THE LAW THE COURT MAY APPLY
CHAPTER 3 - ERRORS OF PROCEDURE
CHAPTER 4 - ERRORS OF SUBSTANCE
CHAPTER 5 - THE COURT'S PERFORMANCE: QUANTITATIVE SUMMARY AND SUGGESTED EXPLANATIONS
FINAL THOUGHTS
BIBLIOGRAPHY
TABLE OF AUTHORITIES
INDEX