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Vol 21 No 10 Oct/Nov 2016

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The Development of International Law by the International Court


ISBN13: 9780521158404
Published: June 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback 1982)
Price: £22.99
Hardback edition out of print, ISBN13 9780521463324



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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.

Subjects:
Public International Law
Contents:
Preface
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
Introduction
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
Index.