International Courts and the Development of International Law Essays
This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of
- PDF / 7,564,676 Bytes
- 948 Pages / 439.37 x 666.142 pts Page_size
- 23 Downloads / 203 Views
The present publication was produced with the generous support of the following Italian universities The The The The The The
University University University University University University
of of of of of of
Milano Milano-Bicocca Cagliari Trento Parma Brescia
Nerina Boschiero Tullio Scovazzi Cesare Pitea Chiara Ragni •
•
Editors
International Courts and the Development of International Law Essays in Honour of Tullio Treves
123
Editors Nerina Boschiero Dipartimento di diritto pubblico italiano e sovranazionale University of Milano Milan Italy
Cesare Pitea Dipartimento di Giurisprudenza University of Parma Parma Italy
Tullio Scovazzi Dipartimento delle scienze giuridiche nazionali e internazionali University of Milano-Bicocca Milan Italy
Chiara Ragni Dipartimento di diritto pubblico italiano e sovranazionale University of Milano Milan Italy
ISBN 978-90-6704-893-4 DOI 10.1007/978-90-6704-894-1
ISBN 978-90-6704-894-1
(eBook)
Library of Congress Control Number: 2012949075 Ó T.M.C. ASSER
PRESS,
The Hague, The Netherlands, and the authors 2013
Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a ‘‘subsidiary means for the determination of rules of law’’. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. Can, in these cases, the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume aims to provide the reader with an elaboration of various questions linked to the legislative or, depending on the preferences, quasi-legisla
Data Loading...
