The International Court of Justice An Arbitral Tribunal or a Judicia
The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar
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The International Court of Justice An Arbitral Tribunal or a Judicial Body?
The International Court of Justice
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Serena Forlati
The International Court of Justice An Arbitral Tribunal or a Judicial Body?
Serena Forlati Department of Law University of Ferrara Ferrara, Italy
ISBN 978-3-319-06178-8 ISBN 978-3-319-06179-5 (eBook) DOI 10.1007/978-3-319-06179-5 Springer Cham Heidelberg New York Dordrecht London Library of Congress Control Number: 2014942022 © Springer International Publishing Switzerland 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, 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. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
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Preface
The International Court of Justice is the principal judicial organ of the United Nations, and epitomises the very notion of international judicial institution. Yet, the consensual basis of its contentious jurisdiction makes it more similar to an arbitral tribunal than any other international court. The aim of this book is to assess if, and how, the properly judicial features of the Court—its permanent character, the public nature of its proceedings, the non-derogable nature of its Statute, the possibility for third States to intervene in proceedings—and its organic link to the United Nations have led it to depart from principles establish
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