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Les différends territoriaux devant le juge international
Arbitral and judicial decisions dealing with territorial land and maritime disputes bear the mark of compromising. They draw boundaries situated between the respective pretentions of the parties and ensure an equitable share of spaces and resources. This phenomenon of compromising symptomatically appears in the jurisprudence dealing with territorial disputes, because of their specific nature, and the geostrategic, economic and emotional factors at stake. It is also due to the remarkable flexibility of applicable norms and principles, which provides a vast power of appreciation to the judge. This study enhances how the content of the decisions is used in order to reach a balanced solution and...
Research Handbook on Territorial Disputes in International Law
Territorial disputes remain a significant source of tension in international relations, representing an important share of interstate cases brought before international tribunals and courts. Analysing the international law applicable to the assessment of territorial claims and the settlement of related disputes, this Research Handbook provides a systematic exposition and in-depth discussions of the relevant key concepts, principles, rules, and techniques. Combining extensive knowledge from across international law, Marcelo Kohen and Mamadou Hébié expertly unite a multinational group of contributors to provide a go-to resource for the settlement of territorial disputes. The different chapte...
Japan’s Territory under International Law
This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan’s territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes. Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.
Enhancing the Rule of Law through the International Court of Justice
What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices". With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann
The International Court of Justice and Decolonisation
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
Negotiations in the Case Law of the International Court of Justice
This book examines the multifunctional role negotiations play in the jurisprudence of the International Court of Justice. Prior negotiations may be necessary to bring to the surface and clarify the legal aspects of a dispute before its submission to the ICJ. Negotiations may play a potential and parallel role during the course of the proceedings; results of negotiations may find their way into the judicial reasoning and may even form part of the basis of the judicial settlement. The Court’s judgment may require further negotiations for its implementation. A failure of this process may bring the parties back before the Court. This volume presents a detailed and critical examination of the c...
The Function of Equity in International Law
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
International Law for Freshwater Protection
International Law for Freshwater Protection traces the development of international water law on fresh water protection and demonstrates how the regime focuses on the utilisation and rights of sovereign states over the protection and sustainable growth of shared water resources. The evolving jurisprudence influenced by environmental law highlights the regime’s insufficient focus on the environmental protection of watercourses. This book argues that existing rules, mechanisms and norms within international law can address the regime’s imbalance and establish how these might be applied to improve freshwater protection.
Judging the Law of the Sea
The dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) has been in operation for well over twenty years with a steadily increasing number of important cases. This significant body of case law has meaningfully contributed to the development of the so-called 'constitution of the oceans'. Judging the Law of the Sea focusses on how Judges interpret and apply UNCLOS and it explores how these cases are shaping the law of the sea. The role of the Judge is central to this book's analysis. The authors consider the role of UNCLOS Judges by engaging in an intensive study of the their decisions to date and assessing how those decisions have influenced and will continue to infl...
The Medieval Chronicle 15
The study of medieval chronicles is firmly established as a focus of research in the whole range of disciplines comprising Medieval Studies: literature, history, art history, linguistics, book history, digital humanities, and so forth. Each article in this volume dedicated to Erik Kooper presents a case study, balancing the particulars of the chosen materials with more generalized conclusions about their significance. The resulting collection is an anthology of different approaches in Medieval Chronicle Studies, presenting a rich overview of the geographical, linguistic, chronological and methodological diversity of chronicle research as it has developed in no small part thanks to Erik’s rallying. Contributors are Marie Bláhová, Cristian Bratu, Beth Bryan, Godfried Croenen, Peter Damian-Grint, Kelly DeVries, Isabel Barros Dias, Graeme Dunphy, Márta Font, Chris Given-Wilson, Ryszard Grzesik, Isabelle Guyot-Bachy, Letty Ten Harkel, Michael Hicks, David Hook, Sjoerd Levelt, Julia Marvin, Charles Melville, Firuza Abdullaeva, Martine Meuwese, Sarah Peverley, Jaclyn Rajsic, Lisa Ruch, Françoise Le Saux, Carol Sweetenham, Grischa Vercamer, Alison Williams Lewin, and Jürgen Wolf.
