The International Court of Justice and the Judicial Function

Nonfiction, Reference & Language, Law, Courts, Social & Cultural Studies, Political Science
Cover of the book The International Court of Justice and the Judicial Function by Gleider I Hernández, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Gleider I Hernández ISBN: 9780191502569
Publisher: OUP Oxford Publication: May 29, 2014
Imprint: OUP Oxford Language: English
Author: Gleider I Hernández
ISBN: 9780191502569
Publisher: OUP Oxford
Publication: May 29, 2014
Imprint: OUP Oxford
Language: English

This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

More books from OUP Oxford

Cover of the book The Apocrypha by Gleider I Hernández
Cover of the book Secure Lives by Gleider I Hernández
Cover of the book Phineas Redux by Gleider I Hernández
Cover of the book Following Osiris by Gleider I Hernández
Cover of the book Essential Microbiology for Wound Care by Gleider I Hernández
Cover of the book Multiple Stable States in Natural Ecosystems by Gleider I Hernández
Cover of the book Public Policy in International Economic Law by Gleider I Hernández
Cover of the book Fictional Objects by Gleider I Hernández
Cover of the book Angels in Early Medieval England by Gleider I Hernández
Cover of the book The Oxford Handbook of Kierkegaard by Gleider I Hernández
Cover of the book Boundaries and Allegiances by Gleider I Hernández
Cover of the book Music and Consciousness by Gleider I Hernández
Cover of the book The Clinical Neurobiology of the Hippocampus by Gleider I Hernández
Cover of the book The Moving Spotlight by Gleider I Hernández
Cover of the book The EU Environmental Liability Directive by Gleider I Hernández
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy