Judicial Settlement of International Disputes : : Jurisdiction Justiciability and Judicial Law-Making of the Contemporary International Court / / Edward McWhinney.

• VerfasserIn: McWhinney, Edward,
• Place / Publishing House: Dordrecht, The Netherlands : : Martinus Nijhoff Publishers,, [1991]; ©1991
• Year of Publication: 1991
• Edition: First edition.
• Language: English
• Physical Description: 1 online resource (209 pages)

Table of Contents

• Intro
• Title Page
• Copyright Page
• Dedication
• Table of Contents
• Acknowledgements
• Foreword: Historical Contradictions in Contemporary State Attitudes to the International Court
• Chapter I. Contemporary Conceptions of the Rôle of International Judicial Settlement
• 1. Changing national positions on third party, (and especially Court-based) disputes-settlement
• 2. Ethnocentricity of "classical" international law institutions and processes like judicial settlement
• 3. The influence of evolving national constitutional institutions and processes upon international judicial settlement
• Chapter II. The Contemporary International Judicial Process. Law and Logic, and the "Law"/"Politics" Dichotomy
• 1. Judicial Positivism and the limits of legal logic
• 2. Competing theories of judicial interpretation. The judicial activism/judicial self-restraint continuum
• 3. Preliminary and Merits jurisdiction
• 4. Advisory Opinion jurisdiction
• 5. Preliminary and Merits jurisdiction revisited
• 6. The "law"/"politics" dichotomy, and the "political questions" exception to jurisdiction
• 7. The Rules of Procedure, and the creative rôle of Court practice in their development
• Chapter III. The Jurisdiction of the Full Court of the International Court, and the Special Chambers Gloss to Jurisdiction
• 1. Compulsory jurisdiction under Article 36(2) of the Court Statute
• 2. On "regionalism", and on an alleged "regional" bias in the Court's decisions
• 3. The contemporary, Special Chambers gloss to Court jurisdiction
• Chapter IV. The Contemporary International Court as Independent, and as Representative Tribunal
• 1. Judicial independence, and judicial "interest"
• 2. Judicial representation: the nomination system for the International Court.
• 3. Elections to the International Court: changing trends in "regional" representation on the Court
• 4. "Regional" idiosyncrasies or gaps in the representative character of the International Court today
• 5. On "politics" in the Court elections, and current, alleged "regional" biases in Court representation
• Chapter V. A Contemporary, Operational Approach to Court Jurisdiction and Justiciability
• 1. The new popularity of the International Court
• 2. The "internationalising" of the institution of judicial settlement
• 3. The "internationalising" of the International Court and its judges
• 4. The International Court as sui generis institution
• 5. The Court and "political questions"
• 6. Operational indices as to justiciability in contemporary international law problem-situations
• a. The issue of timing
• b. The issue of fact-finding
• c. "Judge and Company": the issue of a constitutional separation-of-powers
• 7. The new constitutional legitimacy of the International Court and of judicial law-making
• Conclusion: New Agenda, and New Client-States for the International Court
• Table of Principal Cases
• Appendices: Documents
• A. Covenant of the League of Nations. (1920), (Articles 12-15, Article 19)
• B. Charter of the United Nations. (1945), (Chapter XIV. Articles 92-96)
• C. Statute of the International Court of Justice
• D. U.N. General Assembly Resolution 44/23, 9 January 1990 ("United Nations Decade of International Law")
• Index.