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Modernizing the Role of the International Court of Justice


ISBN13: 9789462655218
Published: March 2023
Publisher: T.M.C. Asser Press
Country of Publication: Netherlands
Format: Paperback (Hardback in 2022)
Price: £109.99
Hardback edition , ISBN13 9789462655188



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This book discusses the future role of the International Court of Justice (ICJ) in a world facing survival challenges. It discusses threats such as climate change, environmental degradation and pandemics, and argues that in the future the ICJ will need to carry out judicial, security and protection functions as it is the only organ of the United Nations (UN) that can discharge such functions in view of its independence and expertise. The author proposes that the ICJ can apply a hitherto unused jurisdictional provision in Article 36 of its statute that allows it to deal with "All Matters Specially Provided for in the UN Charter" and presents three examples of issues that would require the urgent attention of the ICJ: vaccine equity in a global pandemic, climate disaster, and mass movements of people across frontiers due to climate change and environmental degradation. Bertrand Ramcharan (Guyana) is a Barrister-at-Law of Lincoln's Inn with a Doctorate in international law from the London School of Economics (LSE) and the Diploma in International Law of the Hague Academy of International Law. He was LSE International Law Scholar and has been Commissioner of the International Commission of Jurists and a Member of the Permanent Court of Arbitration. He has also been Director of the Research Centre of the Hague Academy of International Law (The Right to Life), Professor at the Geneva Graduate Institute, and Chancellor of the University of Guyana. He is a former Chief speech-writer of the UN Secretary-General, and has performed the functions of UN High Commissioner for Human Rights. His doctoral thesis was on the approach of the International Law Commission to the codification and progressive development of international law.

Subjects:
Public International Law
Contents:
Chapter 1. Introduction
Chapter 2. The Judicial Function, the Security Function, and the Protection Function in the Evolving International Legal Order
Chapter 3. The ICJ'S Jurisdiction Includes 'All Matters Specially Provided for in the Charter of the UN'
Chapter 4. The Role of the UN's Principal Judicial Organ in a World Facing Existential Threats and Crises
Chapter 5. The World Court and the Enhancement of International Authority
Chapter 6. A Global Security Jurisdiction for the World Court
Chapter 7. An International Protection Role for the ICJ
Chapter 8. A Judicial Review Role for the ICJ
Chapter 9. Conclusion

Annexes
Bibliography
Index