New Search Search History

Holdings Information

    The ICJ and the evolution of international law : the enduring impact of the Corfu Channel case / edited by Karine Bannelier, Théodore Christakis, Sarah Heathcote.

    • Title:The ICJ and the evolution of international law : the enduring impact of the Corfu Channel case / edited by Karine Bannelier, Théodore Christakis, Sarah Heathcote.
    •    
    • Other Contributors/Collections:Bannelier-Christakis, Karine.
      Christakis, Théodore.
      Heathcote, Sarah.
    • Published/Created:London ; New York : Routledge, 2012.
    • Holdings

       
    • Library of Congress Subjects:International Court of Justice.
      International law.
      Corfu Channel case.
      Law of the sea.
      Government liability (International law)
    • Description:xvi, 377 p. ; 24 cm.
    • Series:Routledge research in international law.
    • Summary:"In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court's decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism or piracy. In short, it was and remains a thoroughly modern decision a landmark for international law; and one which today needs to be revisited sixty years later.Taking a critical approach, this book examines the decision's influence on international law generally and on some fields of international law like the law of the sea or the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including five well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary problems of international law"--Provided by publisher.
      "In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions in international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court's decision has been cited on numerous occasions in subsequent international litigation. Indeed, the relevance of this judgment goes far beyond the subject matter dealt with by the Court in 1949, extending to pressing problems such as trans-boundary pollution, terrorism and piracy. In short, it was and remains a thoroughly modern decision - a landmark for international law; and one which today still warrants examination sixty years later. Taking a critical approach, this book examines the decision's influence on international law generally and on some fields of international law such as the law of the sea and the law of international responsibility specifically. The book collects the commentary of a distinguished set of international law scholars, including five well-known international judges. The contributors consider not only the history of the Corfu Channel Judgment and its contribution to the development of international law, but also its resonance in many contemporary issues in the field of international law. This book will be of particular interest to academics and students of International Law, International Relations and Legal History"--Provided by publisher.
    • Notes:Includes bibliographical references and index.
    • ISBN:9780415605977 (hardback)
      0415605970 (hardback)
    • Contents:Machine generated contents note: pt. I Views from the Bench: the legacy of the Corfu Channel case
      1. international contentious case on the threshold of the Cold War / Mohammed Bedjaoui
      2. Corfu Channel case and the concept of sovereignty / Mohamed Bennouna
      3. bar / Jean-Pierre Cot
      pt. II historical and institutional framework
      4. Corfu Channel case in perspective: the factual and political background / Aristoteles Constantinidfs
      5. International Court of Justice and the Security Council: disentangling Themis from Ares / Etienne Henry
      pt. III Procedural and evidential issues before the World Court
      6. basis of the Court's jurisdiction and the scope and usefulness of forum prorogatum / Henry Burmester
      7. International Court of Justice and standards of proof / Katherine Del Mar
      8. `Naval secrets', public interest immunity and open justice / Kenneth J. Keith
      pt. IV Law of the Sea
      9. International straits: still a matter of contention? / Stuart Kaye
      10. Dangerous waters and international law: the Corfu Channel case, warships, and sovereignty irritants / Rob Mclaughlin
      11. Peacetime maritime operations / Donald R. Rothwell
      pt. V Fundamental rules of international law
      12. Court's decision in silentinm on the sources of international law: its enduring significance / Akiho Shibata
      13. Intervention and self-help / Theodore Curistakis
      14. policy of force / Christine Gray
      15. Foundational judgment or constructive myth? The Court's decision as a precursor to international environmental law / Karine Bannelier
      16. interaction between international humanitarian law and human rights law and the contribution of the ICJ / Amin Ghanbari Amirhandeh
      17. Elementary considerations of humanity / Matthew Zagor
      pt. VI Issues of state responsibility
      18. State omissions and due diligence: aspects of fault, damage and contribution to injury in the law of state responsibility / Sarah Heathcote
      19. limits of complicity as a ground for responsibility: lessons learned from the Corfu Channel case / Pierre Klein
      20. Reparation and compliance / Pierre D'Argent
      21. Conclusion / Hilary Charlesworth.
    Session Timeout
    New Session