The Jurisprudence of the World Court (Launch of Two Books)

On January 30, The Hague Institute hosted the launched of two books with the partecipation of author Hugh Thirlway, Former Principal Legal Secretary of the International Court of Justice (ICJ), and editors Christian Tams and James Sloan from Glasgow University, who shared topics and arguments from their latest publications. Our special guest was ICJ Judge Sir Christopher Greenwood, who offered some overarching reflections.

The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence
Thirlway_1390389286The first book, The Law and Procedure of the International Court of Justice: Fifty Years of Jurisprudence by Hugh Thirlway, provides a thorough, detailed examination of the work of the International Court of Justice by an author intimately involved in its practice. The book demonstrates the evolution of the Court’s jurisprudence over the last twenty years and collects together the author’s articles on the law and procedure of the International Court of Justice.

Since 1989, the author, a former Principal Legal Secretary to the International Court of Justice, contributed frequent articles on this subject to the British Yearbook of International Law continuing the work begun by Sir Gerald Fitzmaurice in 1950. This work brings together these articles in one place for the first time, with extensive cross-references, and a thorough index and tables, making it more accessible than ever.

The topics considered include general principles of law, sources of law, treaty interpretation, substantive issues such as the law of the sea, state sovereignty, and state responsibility, questions of jurisdiction and competence, and questions of the Court’s procedure. A comprehensive work of incredible detail, this collection is essential reading for those studying the law and procedure of the International Court of Justice, and its role at the heart of the international legal system, as well as for practitioners appearing before the Court. | Read more

The Development of International Law by the International Court of Justice

Tams-and-Sloan_1390389172The second book, The Development of International Law by the International Court of Justice, edited byChristian J. Tams and James Sloan assesses the impact that the International Court of Justice has had on the development of international law. Tams and Sloan offer new insights into the role of the Court as a potential law-maker and provide analysis of the influence of the Court on key areas such as international law, human rights, environmental law, diplomatic protection, and state responsibility.

Written by a stellar team of academics, including Professor Vaughan Lowe QC, Judge Bruno Simma, Professor James Crawford, and Sir Franklin Berman, this book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court’s jurisprudence. The informal development of international law through the Court’s judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law.

The Development of International Law by the International Court of Justice makes required reading for anyone studying the ways in which international courts have shaped the evolution of international law. | Read more

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