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Vol 21 No 8 Aug/Sept 2016

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Judge Shigeru Oda and the Progressive Development of International Law

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ISBN13: 9780792322573
ISBN: 0792322576
Published: July 1995
Publisher: Brill Academic Publishers
Format: Hardback
Price: Out of print



The present volume is the first in a planned series, ""The Judges"", which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law.;The series is launched with the judicial opinions of Shigeru Oda, the Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992.;All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years.;The study includes a resume and analysis of Judge Oda's judicial opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

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Contents:
Part 1: Judge Shigeru Oda and the Japanese Science of International Law.
1. Japan on the World Court, Pre-War and Post-War 2. The Japanese Science of Law and International Law.
3. The Post-War Japanese Constitutional Legal System.
4. Formation of a Japanese International Lawyer in the Post-War Era.
5. Interaction of the Academic (University) and Professional (Foreign Ministry) Legal Learning.
6. The Nature and Elements of a Judicial Philosophy on the International Court.
Part 2; The Judicial Mind and Faith of Shigeru Oda, as revealed in his Opinions on the International Court, 1976-1992.
1. Judge Oda's Contribution to the Evolving Contem-porary Jurisprudence of the International Court.
2. Special Chambers of the Court (Court Statute, Article 26).
3. Intervention by States in Cases already Before the Court (Court Statute, Articles 62 and 63).
4. Jurisdiction and Justiciability: Military and Paramilitary Activities in and against Nicaragua.
5. Law and Policy: Judicial Law-Making and the New Law of the Sea.
6. Judicial Miscellany.
7. Judge Shigeru Oda and the Dialectical Development of International Law.
Part 3: The International Court as Emerging Constitutional Court.
1. The Court and Co-ordiante U.N. Institutions (in particular, the Security Council).
2. The Preliminary, Procedural Questions, and the ""New"" International Law of Co-operation and Good Neighbourliness.
3. Special Chambers of the Court Re-visited: Intervention, the Old and the New Law of the Sea. The Individual Opinions, (Declarations, Separate Opinions, Dissenting Opinions) of Shigeru Oda on the International Court of Justice, 1976-1992: Text of Opinions.