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Case-Law and the Development of International Law: Contributions by International Courts and Tribunals

Edited by: Patrícia Galvão Teles, Manuel Almeida Ribeiro

ISBN13: 9789004467651

Published: October 2021

Publisher: Brill Nijhoff

Country of Publication: Netherlands

Format: Hardback

Price: £137.00

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With a focus on issues of methodology and procedural aspects, case-law of the ICJ, ITLOS and Investor-State Dispute Settlement mechanisms, this book explores recent contributions by international courts and tribunals to the development of international law.

Subjects:: Public International Law

Contents:: 1. Prologue – One Hundred Years of International Justice and Its Contribution to the Development of International Law; Patrícia Galvão Teles; Part 1: The Contribution of International Courts and Tribunals to the Methodology of International Law; Introduction; Manuel Almeida Ribeiro; 2. Method and Style in International Law, and the International Court of Justice’s Contribution; Michael Wood; 3. The Authority of the Precedents of the International Court of Justice in the Argumentative Practice in International Law; Karem L. Cárdenas Ynfanzón; Part 2: The Contribution of International Courts and Tribunals to the Development of Procedural Rules; Introduction; Laurence Boisson de Chazournes; 4. The “Sparse Axiomatic Statement of Article 41” of the Statute of the International Court of Justice and the Court’s Latest Orders: Phatemate Mathemata; Stratis G. Georgilas; 5. How International Courts Avoid the Exercise of Their Jurisdiction – the Competence of Competence and “Inverted Judicial Activism”; Anna Czaplińska; 6. Enhancing the International Court of Justice Procedures in Order to Promote Community Interests The Role of Third-Party Intervention; Paula Wojcikiewicz Almeida; Part 3: Recent Case-Law of the International Court of Justice (ICJ) and Its Significance for International Law; Introduction; Joanna Gomula; 7. Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) before the ICJ The Obligation to Negotiate under International Law and Chile’s Strategy; Claudio Grossman; 8. The Law-Making Effect of icj Advisory Opinions A Survey of the Chagos Opinion; Giulia Bernabei; 9. “Know Thyself” Racial Discrimination before the ICJ – Recent Jurisprudential Developments; Ioannis Konstantinidis; 10. Reparation for Injuries and Beyond – The Design of the Personality and Powers of International Organisations by International Courts; Rita Guerreiro Teixeira; Part 4: The Contribution of the International Tribunal for the Law of the Sea (itlos) to the Developement of the Law of the Sea; Introduction; Fernando Loureiro Bastos; 11. The Contribution of itlos to the Development of International Law for Protection of the Marine Environment and Conservation of Living Resources; Nilüfer Oral; 12. Implications of the M/V “Norstar” Case ( Panama v. Italy) and the M/T “San Padre Pio” Case (Switzerland v. Nigeria) for the Further Development of the Law of the Sea; Vasco Becker-Weinberg; 13. Limits on the Use of Force at Sea in the Jurisprudence of itlos From M/V Saiga to Ukraine/Russia; Maria Emilynda Jeddahlyn Pia V. Benosa; Part 5: Investor-State Dispute Settlement and Its Impact on International Investment Law; Introduction; Catherine Kessedjian; 14. The Quest for “Consistency” in International Investment Jurisprudence and the Idea of a Multilateral Investment Court; Somesh Dutta; 15. Arbitration Procedure in Bilateral Investment Treaties – Interactions between National, European and International Courts; Łukasz Dawid Dąbrowski; Part 6: General Conclusions; 16. The Future of the Contribution of International Justice to the Development of International Law – A Plea for (Some) Disorder; Pierre Bodeau-Livinec; Index