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Development of International Law by the International Court

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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

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
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
Recognition of Claims of Sovereignty
In general
Problems of jurisdiction
Sovereign freedom of action
State sovereignty and customary international law