International Courts and the Development of International Law

Essays in Honour of Tullio Treves

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book International Courts and the Development of International Law by , T.M.C. Asser Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9789067048941
Publisher: T.M.C. Asser Press Publication: March 15, 2013
Imprint: T.M.C. Asser Press Language: English
Author:
ISBN: 9789067048941
Publisher: T.M.C. Asser Press
Publication: March 15, 2013
Imprint: T.M.C. Asser Press
Language: English

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.

Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.

In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.

The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.

Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.

In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.

The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.

More books from T.M.C. Asser Press

Cover of the book Netherlands Yearbook of International Law 2013 by
Cover of the book Avoiding a Full Criminal Trial by
Cover of the book Google and the Law by
Cover of the book New Approaches to International Law by
Cover of the book CAS and Football: Landmark Cases by
Cover of the book Parental Care and the Best Interests of the Child in Muslim Countries by
Cover of the book Dealing with Wars and Dictatorships by
Cover of the book Public Services and the European Union by
Cover of the book EU Sports Law and Breakaway Leagues in Football by
Cover of the book Services of General Economic Interest as a Constitutional Concept of EU Law by
Cover of the book New Media and Sport by
Cover of the book Democracy and Rule of Law in the European Union by
Cover of the book The War Crime of Child Soldier Recruitment by
Cover of the book NL ARMS Netherlands Annual Review of Military Studies 2016 by
Cover of the book Perspectives on Military Intelligence from the First World War to Mali by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy