Development of International Law by the International Court

Name: Development of International Law by the International Court
Price: 33.33 USD
Availability: InStock
ISBN: 9780521158404

ISBN-10: 0521158400

ISBN-13: 9780521158404

Edition: 2010

Authors: Hersch Lauterpacht

List price: $40.95

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Book details

List price: $40.95
Copyright year: 2010
Publisher: Cambridge University Press
Publication date: 7/21/2011
Binding: Paperback
Pages: 430
Size: 5.98" wide x 9.02" long x 1.06" tall
Weight: 1.474
Language: English



Preface


Table of cases



The Law Behind the Cases



The international court as an agency for developing international law



The occasions for and the substance of judicial pronouncements



The reasons behind the cases



Judicial technique and the development of the law



Judicial Caution



Manifestations of judicial caution



Judicial restraint. The jurisdiction of the court



Judicial hesitation. Preparatory work in the interpretation of treaties



Appearance of judicial indecision



Judicial legislation


Introduction



Judicial legislation through application of general principles of law



Judicial legislation by reference to parallel developments in international law



Judicial legislation on account of of absence of generally accepted law



Judicial legislation and the jurisdiction of the court



Judicial legislation and adjudication ex aequo et bono



The Effectiveness of the Law



The principle of effectiveness and the function of interpretation



Effectiveness and finality of international settlement and adjudication



Effectiveness of provisions conferring jurisdiction



Effectiveness of equality clauses



Effectiveness of international institutions and international organisation



The limits of the principle of effectiveness



The Court and State Sovereignty



Restraints upon Claims of Sovereignty



In general



The province of treaties



State responsibility and the claims of sovereignty



Wider aspects of sovereignty



Conclusions



Recognition of Claims of Sovereignty



In general



Problems of jurisdiction



Sovereign freedom of action



State sovereignty and customary international law



Conclusion


Index