Rosenne's Law and practice of the international court, 1920-2015.
2016
KZ6275 .R67 2016 (Map It)
Available at Cellar
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Author
Title
Rosenne's Law and practice of the international court, 1920-2015.
Uniform Title
Law and practice of the international court, 1920-2005
Published
Leiden ; Boston : BRILL NIJHOFF, [2016]
Call Number
KZ6275 .R67 2016
Edition
Fifth edition / by Malcolm N. Shaw QC.
ISBN
9789004217980 (set ; hbk. ; alk. paper)
9004217983 (set ; hbk. ; alk. paper)
9789004217911 (v. 1 ; hbk. ; alk. paper)
9004217916 (v. 1 ; hbk. ; alk. paper)
9789004217959 (v. 2 ; hbk. ; alk. paper)
9004217959 (v. 2 ; hbk. ; alk. paper)
9789004217966 (v. 3 ; hbk. ; alk. paper)
9004217967 (v. 3 ; hbk. ; alk. paper)
9789004217973 (v. 4 ; hbk. ; alk. paper)
9004217975 (v. 4 ; hbk. ; alk. paper)
9004217983 (set ; hbk. ; alk. paper)
9789004217911 (v. 1 ; hbk. ; alk. paper)
9004217916 (v. 1 ; hbk. ; alk. paper)
9789004217959 (v. 2 ; hbk. ; alk. paper)
9004217959 (v. 2 ; hbk. ; alk. paper)
9789004217966 (v. 3 ; hbk. ; alk. paper)
9004217967 (v. 3 ; hbk. ; alk. paper)
9789004217973 (v. 4 ; hbk. ; alk. paper)
9004217975 (v. 4 ; hbk. ; alk. paper)
Description
4 volumes (xxxiii, 1,975 pages) ; 25 cm
System Control No.
(OCoLC)951955621
Summary
The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice's law and practice of his time. Irrefutably the leading work on the court, previous editions of "Rosenne's Law and Practice of the International Court" have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne's distinctive voice, erudition, and rigorous objectives. Preserving Rosenne's focus on the caselaw of the court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four substantive volumes.
Note
Revised edition of: The law and practice of the International Court, 1920-2005, 4th edition, 2006
Includes indexes.
The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice's law and practice of his time. Irrefutably the leading work on the court, previous editions of "Rosenne's Law and Practice of the International Court" have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne's distinctive voice, erudition, and rigorous objectives. Preserving Rosenne's focus on the caselaw of the court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four substantive volumes.
Includes indexes.
The popularity of his monumental and definitive works established Shabtai Rosenne as the undisputed expert on the International Court of Justice's law and practice of his time. Irrefutably the leading work on the court, previous editions of "Rosenne's Law and Practice of the International Court" have influenced generations of legal scholars, practitioners, judges, and students alike. The Fifth Edition, by Malcolm N. Shaw, combines his expertise as both an academic and practitioner to bring this monumental resource up-to-date while retaining Rosenne's distinctive voice, erudition, and rigorous objectives. Preserving Rosenne's focus on the caselaw of the court, the Fifth Edition is supplemented with increased references to the leading academic literature, and, like the Fourth Edition, is divided into four substantive volumes.
Available in Other Form
Online version: Rosenne, Shabtai. Rosenne's Law and practice of the international court, 1920-2015. Fifth Edition / by Malcolm N. Shaw QC. Leiden ; Boston : BRILL NIJHOFF, 2016 9789004218314 (DLC) 2016029153
Record Appears in
Library Has
v.1-4
Portion of Title
Law and practice of the international court, 1920-2015
Added Author
Table of Contents
Preface
vii
Note on Documents and Abbreviations
xxix
Volume I The Court And The United Nations
ch. 1
Introduction
I.1.
Political and the Legal in the Settlement of Disputes
1
I.2.
Arbitration and Judicial Settlement Compared
9
I.3.
Dissolution of the Permanent Court
15
I.4.
Historical Appreciation
17
I.4A.
Multiplicity of International Courts and Tribunals
33
ch. 2
Establishment And Constitution Of The Court
I.5.
Outbreak of the War
45
I.6.
Early Inter-Allied Discussions
49
I.7.
Dumbarton Oaks Proposals
54
I.8.
Washington Committee of Jurists
57
I.9.
San Francisco Conference
59
I.10.
International Court of Justice - A New Court
67
I.10A.
Language of the Statute
71
I.11.
United Nations Preparatory Commission
72
I.12.
Opening of the New Court
73
I.13.
Functional Continuity of the Two Courts
75
I.14.
Problems of Interpretation
78
I.15.
Political Interpretation
80
I.16.
Judicial Interpretation
83
I.17.
State Practice
88
I.18.
Travaux Preparatoires
89
I.19.
Non-Judicial Precedents
92
I.20.
Amending the Statute
94
ch. 3
Political And Institutional Role Of The Court
I.21.
Permanent Court and the League of Nations
99
I.22.
Court and the United Nations
103
I.23.
Charter and Statute
105
I.24.
Court as a Principal Organ
109
I.24A.
2005 Summit Outcome
118
I.25.
Court and the General Assembly
119
I.26.
Court and the Security Council
130
I.27.
Court as Principal Judicial Organ
142
I.28.
Court and Other Judicial Organs
144
I.29.
Organs and the Court
147
I.29A.
Court and the Secretariat
148
I.30.
Litispendence, Political and Legal
151
I.31.
Specialized Agencies and the Court
155
I.32.
International Tribunal for the Law of the Sea
158
I.32A.
International Criminal Court
161
I.33.
Political Function of Judicial Settlement
162
I.34.
Judicial Role of the Court
169
I.35.
Attitudes of States towards Judicial Settlement
176
I.36.
Attitudes of States: The Western Attitude
180
I.37.
Attitudes of States: The Marxist-Socialist Attitude
184
I.38.
Synthesis
190
ch. 4
Post-Adjudication Phase
I.39.
Character of the Post-Adjudication Phase
197
I.40.
Views of the Court
202
I.41.
Underlying Characteristics of the Problem
204
I.42.
Obligation of Compliance
207
I.43.
Compliance with Incidental and Interlocutory Decisions
208
I.44.
Compliance with Final Decisions
210
I.45.
Compliance through National Courts
215
I.46.
Consequences of Non-Compliance
223
I.47.
Role of Self-Help
228
I.48.
Methods to Secure Compliance
232
I.49.
Comprehensive Example: The Corfu Channel Case
236
I.50.
Compliance through United Nations Charter Machinery
243
I.51.
Role of the Security Council
245
I.52.
Role of Other Organs
251
I.53.
Complaint of Iran's Failure to Comply with Indication of Provisional Measures (1951)
252
I.54.
Arbitral Award of the King of Spain Case (1960-1963)
256
I.55.
Military and Paramilitary Activities in and against Nicaragua Case
260
I.56.
Frontier Dispute (Burkina Faso/Mali) Case
262
I.57.
Territorial Dispute (Libya/Chad) Case
263
I.57A.
Land and Maritime Boundary between Cameroon and Nigeria Case
264
I.57B.
Land, Island and Maritime Frontier Dispute between El Salvador and Honduras
268
I.57C.
Capital Punishment Cases
269
I.57D.
Frontier Dispute (Benin/Niger) Case
275
I.57E.
Temple of Preah Vihear (Cambodia v Thailand) Case
275
I.57F.
Burkina Faso/Niger Case
276
I.58.
International Force and Judgment Enforcement
276
ch. 5
Advisory Opinions
I.59.
Experience of the League of Nations
279
I.60.
Comparison of Covenant and Charter
285
I.61.
Principal Organs: The General Assembly
300
I.61A.
Emergency Special Session
308
I.62.
Reception of Advisory Opinions by the General Assembly
310
I.63.
Principal Organs: The Security Council
322
I.64.
Principal Organs: The Economic and Social Council (ECOSOC)
327
I.65.
Principal Organs: The Trusteeship Council
331
I.66.
Secretary-General
333
I.67.
Other United Nations Organs
334
I.68.
Specialized Agencies
338
I.69.
Specialized Agencies: The International Labour Organization
341
I.70.
Specialized Agencies: World Health Organization
343
I.71.
Specialized Agencies: UNESCO
344
I.72.
Specialized Agencies: The International Maritime Organization
345
I.73.
Specialized Agencies: The World Bank
345
I.74.
International Atomic Energy Agency
346
I.75.
Request
349
I.75A.
Reinvigorating the Advisory Competence
359
ch. 6
Members Of The Court
I.76.
Introductory
363
I.77.
Qualifications of Members of the Court
366
I.78.
Frequency of Elections
371
I.79.
Nomination of Candidates
373
I.80.
Withdrawal of Candidacies
377
I.81.
System of Election
378
I.82.
Procedure in the General Assembly
380
I.83.
Procedure in the Security Council
383
I.84.
Meeting and Ballot
385
I.85.
Avoidance of a Deadlock
387
I.86.
Elections to Fill Occasional Vacancies
387
I.87.
Term of Office of Members of the Court
389
I.88.
Appraisal of the Electoral System
391
I.89.
Solemn Declaration of a Member of the Court
399
I.90.
President and Vice-President
400
I.91.
Order of Precedence of the Members of the Court
406
I.92.
Resignation of a Member of the Court
407
I.93.
Removal from Office of a Member of the Court
407
I.94.
Incompatibilities
408
I.95.
Attendance of Members of the Court and the Quorum
417
I.96.
Chambers of the Court
419
I.97.
Diplomatic Privileges and Immunities
423
ch. 7
Registrar And The Registry
I.98.
Registrar
427
I.99.
Deputy-Registrar
432
I.100.
Removal from Office
432
I.101.
Registry Staff
433
I.101A.
Joint Inspection Unit and the Registry
436
I.102.
Privileges and Immunities
437
I.103.
Instructions for the Registry
438
I.104.
Court's Publications
441
I.105.
Relations with the Press
444
I.105A.
Court's Museum
444
ch. 8
Finance And Administration
I.106.
League System
447
I.107.
Statute of 1945
449
I.108.
Court's Expenditure
451
I.109.
Unforeseen Expenditure
455
I.110.
Court's Income
456
I.111.
Salaries of the Members of the Court
458
I.112.
Revision of 1950
459
I.113.
Revision of 1961
462
I.114.
Revision of 1967
463
I.115.
Revision of 1971
463
I.116.
Revision of 1973
464
I.117.
Revision of 1976
466
I.118.
Revision of 1980
468
I.119.
Revision of 1985
468
I.120.
Revision of 1990
469
I.121.
Revision of 1993-1994
470
I.122.
Review of 1995
471
I.122A.
Revision of 1998
472
I.122B.
Review of 2001
473
I.122C.
Review of 2004-2005
474
I.122D.
Reviews of 2006-2008
475
I.122E.
Review of 2010
478
I.122F.
Review of 2013
479
I.123.
Education Grant
479
I.124.
Relocation (Assignment) Grant
481
I.125.
Members Retained to Finish a Case
482
I.126.
Special Allowance of President and Vice-President
482
I.127.
Judges ad hoc
484
I.128.
Pensions of Members of the Court
488
I.129.
Pension Plan of 1946
488
I.130.
Revised Pension Plan of 1960
491
I.131.
Revised Pension Plan of 1963
492
I.132.
Revised Pension Plan of 1980
493
I.133.
Review of 1995
494
I.133A.
Review of 1998
496
I.133B.
Review of 2000-2001
496
I.133C.
Review of 2004
497
I.133D.
Review of 2008
498
I.133E.
Review of 2011
500
I.133F.
Review of 2013
503
I.134.
Financing the Pensions
504
I.135.
Registrar's Salary
506
I.136.
Registry Staff Salary
507
I.137.
Tax Equalization - Staff Assessment
508
I.138.
Travel and Subsistence Allowances
511
I.139.
Witnesses and Experts
512
I.140.
Appraisal of Budgetary Arrangements
513
I.141.
Registrar's Pension
516
I.142.
Registry Staff's Pension
517
I.143.
Court's Property
517
I.144.
Seat of the Court
518
I.145.
Official Mail, Postal Services and Common Services
520
I.146.
Secretary-General's Trust Fund
521
Volume II Jurisdiction
ch. 9
Jurisdiction And Admissibility: General Concepts
II.147.
Concept of Dispute: Justiciability and Jurisdiction
525
II.147A.
Justiciability
534
II.148.
Jurisdiction and Competence
536
II.149.
Meaning of Jurisdiction
543
II.150.
Mutuality and Reciprocity as Elements of Jurisdiction
549
II.151.
Jurisdiction and Propriety
554
II.152.
Concept of Essential Parties
560
II.153.
Jurisdiction and the Seisin of the Court
568
II.154.
Consensual Basis of Jurisdiction
571
II.155.
Expression of Consent
579
II.156.
Temporal Factor in Jurisdiction
584
II.157.
Consent by Conduct
588
II.158.
Withdrawal of Consent
591
II.159.
Jurisdiction to Decide ex aequo et bono
592
II.160.
non ultra petita Rule
598
II.161.
Jurisdiction over Incidental Matters
600
II.162.
Jurisdiction to Control Proceedings
606
ch. 10
Qualification To Be A Party In A Case: Jurisdiction Ratione Personae
II.163.
Introductory
609
II.164.
Members of the United Nations
618
II.165.
Non-Members of the United Nations as Parties to the Statute
620
II.166.
Consequences of Being a Party to the Statute
623
II.167.
Withdrawal from the United Nations, Suspension of Rights of Membership and Expulsion
626
II.167A.
Termination of the Existence of a State
629
II.168.
Access to the Court of States Not Parties to the Statute
632
II.169.
Access to the Court of States Not Parties to the Statute: Security Council Resolution 9 (1946)
637
II.170.
Access to the Court of States Not Parties to the Statute: Rules of Court, Articles 36 (1946) and 41 (1978)
640
II.171.
Public International Organizations
643
II.172.
International Non-Governmental Organizations
657
II.173.
Individuals
658
ch. 11
Treaties And Conventions In Force
II.174.
Jurisdiction Ratione Materiae
661
II.174A.
Treaties in Force: Statute, Article 36 (1)
662
II.175.
Special Agreement
667
II.176.
Compromissory Clause
669
II.177.
General Treaties for the Pacific Settlement of Disputes
673
II.178.
Framework Agreement
676
II.179.
Treaties Concluded before 1945: Statute, Article 37
681
II.180.
Matters Provided for in the United Nations Charter: Statute Article 36 (1)
694
II.181.
General Theory of Forum Prorogatum
697
II.182.
Forum Prorogatum: Early Developments
701
II.183.
Discussions of 1934-1936
705
II.184.
Time for Formal Agreement
708
II.185.
Agreement by Successive Acts in the Proceedings
709
II.186.
Agreement Reached in Course of Pleading
716
II.187.
Tacit Consent
718
II.188.
State Organs Competent to Give Consent
722
II.189.
Evaluation of Forum Prorogatum
724
ch. 12
Compulsory Jurisdiction (Optional Clause)
II.190.
Origins
725
II.191.
Statute: Article 36, Paragraphs 2 and 3
730
II.192.
'Ipso Facto and without Special Agreement'
732
II.193.
'States Parties' and 'Any Other State'
735
II.194.
'Accepting the Same Obligation'
736
II.195.
'Legal Disputes'
738
II.196.
Declarations Made before 1945: Statute, Article 36 (5)
741
II.197.
Form of Declaration
747
II.198.
Deposit and Circulation of a Declaration: Statute, Article 36 (4)
748
II.199.
Reciprocity: Statute, Article 36 (3)
754
II.200.
Reservations and Conditions: Statute, Article 36 (3)
761
II.201.
Objective Reservation of Domestic Jurisdiction: Charter Article 2 (7)
768
II.202.
Subjective Reservation of Domestic Jurisdiction
772
II.203.
Temporal Conditions: Terminology
775
II.204.
Temporal Limitations
777
II.205.
Application of Temporal Limitations
781
II.206.
Temporal Element of Jurisdiction Ratione Personae
789
II.207.
Special Reservations
793
II.208.
War Exclusion Clause
796
II.209.
Interpretation of Declarations
800
II.210.
Modification, Amendment and Replacement of a Declaration
807
II.211.
Denunciation of a Declaration
810
II.212.
Lex Specialis of the System of Compulsory Jurisdiction
813
II.213.
Evaluation
821
ch. 13
Matters Of Jurisdiction
II.214.
Importance of Matters of Jurisdiction
827
II.215.
Jurisdiction as to the Jurisdiction
836
II.216.
Meaning of 'Dispute as to Jurisdiction'
842
II.217.
Consequences of Raising a Matter of Jurisdiction
851
II.218.
Time for Raising a Matter of Jurisdiction
853
II.219.
Preliminary Objections: Rules of 1926/1931, Article 38
854
II.220.
Preliminary Objections: Rules of 1936/1946, Article 62
861
II.221.
Preliminary Objections: The Change of 1972/1978/2000: 1978/2000 Rules, Article 79
867
II.222.
Isolation of Matters of Jurisdiction by the Court
881
II.223.
Isolation of Matters of Jurisdiction by the Parties
886
II.224.
Suspension of Proceedings on the Merits
887
II.225.
Successive Objections
889
II.226.
Agreement of the Parties to Defer Objections
893
II.227.
Priorities of Objections
894
II.228.
Pre-Judicatory Proceedings
897
II.229.
Non-Exhaustive Character of Preliminary Objection Proceedings: Pleas in Bar
900
II.230.
Distinction between Objection and Defence
906
II.231.
Character of the Decision on Preliminary Objection
907
II.232.
Disposal of Objections: Rules, Article 79 Paragraph 9
911
II.232A.
Matters of Jurisdiction in Counter-Claims
920
II.233.
Matters of Jurisdiction Raised by the Court
922
ch. 14
Title Of Jurisdiction
II.234.
Meaning of the Term
927
II.235.
Language
931
II.236.
Validity in Time of the Title of Jurisdiction
934
II.237.
Retroactive Effect of a Title of Jurisdiction
937
II.238.
Multiple Titles of Jurisdiction
945
II.239.
Added Titles of Jurisdiction
953
II.240.
Successive Titles of Jurisdiction
959
II.241.
Termination of the Title of Jurisdiction
964
II.242.
Registration under Charter, Article 102
970
ch. 15
Advisory Jurisdiction
II.243.
General Concepts
973
II.243A.
Facts in Advisory Cases
980
II.244.
'Any Legal Question'
983
II.244A.
Abstract Question
988
II.245.
'Arising within the Scope of [Its] Activities'
997
II.246.
Court's Discretion
1000
II.247.
Discretion Based on the Court's Judicial Character
1003
II.248.
Discretion Based on the Court's Status as a Principal Organ
1012
II.249.
Jurisdiction in Special Advisory Proceedings
1018
II.250.
Judicial Interpretation of an Advisory Opinion
1027
II.251.
Revision of an Advisory Opinion
1034
II.252.
Treatment of Preliminary Questions in Advisory Proceedings
1035
II.253.
Appraisal
1041
Volume III Procedure
ch. 16
Elements Of International Procedural Law
III.254.
Basic Approach
1047
III.255.
Statute and Rules of Court
1054
III.256.
Function of the Proceedings
1062
III.257.
Evidence and the Burden of Proof
1065
III.258.
Equality of the Parties
1079
ch. 17
Bench
III.259.
Terminology
1085
III.259A.
Participation of Members of the Court in a Case
1088
III.260.
Ineligibility and Abstention of a Member of the Court in a Particular Case (Recusal)
1089
III.261.
Composition of the Bench for a Particular Case
1097
III.262.
Chambers of the Court
1100
III.263.
Special Chambers
1104
III.264.
Ad hoc Chambers
1105
III.265.
Chamber of Summary Procedure
1110
III.266.
Concept of Judge ad hoc
1111
III.267.
Right to Appoint a Judge ad hoc
1118
III.268.
Qualifications of Judge ad hoc
1122
III.269.
Parties in the Same Interest
1126
III.270.
Problem of Imbalance
1129
III.271.
Non-Appointment of Judge ad hoc
1131
III.272.
Judge ad hoc in Intervention Cases
1132
III.273.
Judges ad hoc in Advisory Cases
1139
III.274.
President of the Bench
1142
III.275.
Assessors
1147
III.276.
Experts Appointed by the Court
1149
ch. 18
Representation Of The Parties
III.277.
Agent
1151
III.278.
Agent's Functions
1159
III.279.
Time for the Appointment of the Agents
1162
III.280.
Agent's Address for Service
1164
III.281.
Party's Delegation
1165
III.282.
Counsel and Advocates
1166
III.282A.
Eligibility to Be Member of a Delegation
1167
III.283.
Experts of the Parties
1169
III.284.
Witnesses Called by a Party
1171
III.285.
Representatives in Advisory Cases
1172
III.286.
Representatives: Privileges and Immunities
1172
ch. 19
Institution Of Contentious Proceedings
III.287.
Seising of the Court
1177
III.288.
Requirement of Prior Diplomatic Negotiations
1186
III.289.
Requirement of Prior Attempt at Arbitration
1194
III.290.
Exhaustion of Local Remedies
1196
III.290A.
Exhaustion of Regional Processes
1199
III.291.
Link of the Dispute with the Title of Jurisdiction
1200
III.292.
Interest of the Applicant State
1203
III.293.
Methods of Instituting Proceedings
1209
III.294.
Notification of Institution of Proceedings
1214
III.295.
Court's General List
1216
III.296.
Title of the Case
1223
III.297.
Notification of Special Agreement
1226
III.298.
Application Instituting Proceedings
1227
III.298A.
Amendment of Application
1232
III.299.
Relations of the Litigating States
1235
III.300.
Institution of Incidental and Derivative Proceedings
1239
ch. 20
Written Proceedings And Related Matters
III.301.
President's Consultations
1243
III.302.
Joinder of Cases and Hearing in Common
1245
III.303.
Written Pleadings
1256
III.304.
Submissions in Written Pleadings
1262
III.305.
Counter-Claims
1269
III.305A.
Counter-Claims: The Court's Law
1275
III.306.
Pleadings in Incidental Proceedings
1280
III.307.
Documents in Support
1281
III.307A.
Authenticity of Documents
1286
III.308.
Affidavits and Declarations
1287
III.309.
Language of Written Pleadings
1288
III.310.
Correction of Errors in a Pleading
1290
III.311.
Confidentiality of Written Pleadings
1290
III.312.
Order of the Written Pleadings
1294
III.312A.
Number of Written Pleadings
1296
III.313.
Fixing of Time Limits
1299
III.314.
Case Ready for Hearing
1304
III.315.
New Documents: Rules, Article 56
1304
III.316.
Costs
1319
ch. 21
Oral Proceedings
III.317.
Significance of the Oral Proceedings
1323
III.318.
Date of Oral Proceedings
1333
III.319.
Preparations in the Registry
1336
III.320.
Hearing
1337
III.321.
Questions to the Parties
1344
III.322.
Language of Oral Proceedings
1345
III.323.
Witnesses and Experts
1346
III.323A.
Witnesses and Experts: Examination
1350
III.324.
Statute, Article 49: Obtaining Evidence by the Court
1365
III.325.
Experts Appointed by the Court: Statute, Article 50
1368
III.326.
Witnesses Called by the Court
1375
III.327.
Submission of Evidence by a Third State
1376
III.328.
Final Submissions
1379
III.329.
Closure of the Hearing
1381
III.330.
Evaluation of Procedure
1382
ch. 22
Proceedings In Chambers
III.331.
Invocation of a Standing Chamber
1387
III.332.
Invocation of an ad hoc Chamber
1390
III.333.
Procedure in Chambers
1394
III.334.
Judgment of a Chamber
1396
ch. 23
Non-Appearance
III.335.
Failure to Appear before the Court
1403
III.336.
Non-Appearance and Provisional Measures of Protection
1414
III.337.
Aspects of Procedure
1415
III.338.
Resolution of the Institute of International Law
1417
ch. 24
Provisional Measures Of Protection
III.339.
Statute, Article 41
1421
III.339A.
Rules of Court
1424
III.340.
Procedure
1434
III.341.
Special Function of the President
1438
III.342.
Time for the Request
1439
III.343.
Fresh Request
1441
III.344.
Urgency
1442
III.345.
Duration of Provisional Measures
1445
III.346.
Case Law
1446
III.347.
Role of the Security Council
1460
III.347A.
Possible Misuse of Provisional Measures Procedure
1463
Appendix to Chapter 24 Orders on Provisional Measures
1465
ch. 25
Termination Of Proceedings
III.348.
Rules, Articles 88 and 89
1473
III.349.
Removal from the General List
1476
III.350.
Termination of the Proceedings by the Parties Jointly
1477
III.351.
Termination of the Proceedings by the Applicant
1481
III.352.
Discontinuance of Preliminary Objection Proceedings
1486
III.353.
Discontinuance of Provisional Measures Proceedings
1487
III.354.
Removal from List by the Court
1487
ch. 26
Intervention By Third States
III.355.
Introduction: Statute, Articles 62 and 63
1489
III.356.
Background
1491
III.357.
San Francisco Conference
1495
III.358.
Interpretation of Articles 62 and 63
1496
III.358A.
Rules, Article 43
1507
III.359.
Rules of Court 1922 to 1972
1508
III.360.
Rules of Court (1978), Articles 81 to 86
1511
III.361.
Application of the Rules
1520
Article 81
1520
Article 82
1523
Article 83
1524
Article 84
1525
Articles 85 and 86
1525
III.362.
Jurisdiction Ratione Personae in Matters of Intervention
1527
III.363.
Jurisdiction Ratione Materiae in Matters of Intervention
1528
III.364.
'Incidental' Character of Intervention
1529
III.365.
Link of Jurisdiction
1535
III.366.
Non-Party Intervener
1549
III.367.
Intervention in ad hoc Chamber Proceedings
1559
ch. 27
Decision
III.368.
Court's Decision-Making
1563
III.369.
Deliberation
1573
III.370.
Authoritative Text: The Court's Bilingualism
1577
III.371.
Secrecy of the Deliberations
1580
III.372.
Individual Opinions
1583
III.373.
Judgment
1588
III.374.
Judgment: The Operative Provisions
1589
III.375.
Judgment: The Reasons in Point of Law: Statute Article 38
1593
III.376.
Statute, Article 38: General Principles of Law
1603
III.377.
Statute, Article 38, Paragraph 1 (d): Subsidiary Means - Generalities
1607
III.377A.
Statute, Article 38, Paragraph 1(d): Judicial Decisions
1609
III.378.
Statute, Article 38, Paragraph 1 (d): Teachings of Publicists
1615
III.379.
Resolutions of the United Nations General Assembly
1617
III.380.
Decision ex aequo et bono
1619
III.381.
Orders
1620
III.382.
Other Decisions
1623
III.383.
Correction of Errors
1623
III.384.
Critique of Statements of Law
1624
III.385.
Statute: Article 59
1627
III.386.
'In Respect of That Particular Case'
1635
III.387.
Declaratory Judgments
1637
III.388.
Protective Function of Article 59: The Non-Party State
1638
III.389.
Inadequacies of Article 59
1643
III.390.
Criticism of Application of Article 59
1648
III.391.
Statute, Article 60: The Res Judicata
1657
III.392.
Judgment and Third Parties
1663
III.393.
Preliminary Objection Judgments and Later Phases
1665
ch. 28
Interpretation And Revision Of A Judgment
III.394.
General Observations
1671
III.395.
Interpretation: Statute, Article 60
1676
III.396.
'Final and without Appeal'
1680
III.397.
Revision: Statute, Article 61 and Rules, Article 99
1686
ch. 29
Court's Extrajudicial Function
III.398.
Nature of the Practice
1695
III.399.
International Agreements
1701
III.400.
Agreements between a Government and a Private Concern
1707
III.401.
Contracts between Private Concerns
1712
III.402.
Unilateral Invocation of the Extrajudicial Function
1712
III.403.
Evaluation
1713
ch. 30
Advisory Proceedings
III.404.
Statute, Articles 65 and 66; Rules of Court, Part IV
1717
Rules, Article 102
1722
Rules, Article 103
1722
Rules, Article 104
1724
Rules, Article 105
1725
Rules, Article 106
1726
Rules, Article 107
1726
Rules, Articles 108, 109
1727
III.405.
Bench: Court and Chambers: Judges ad hoc
1727
III.406.
Institution of Advisory Proceedings
1733
III.407.
Accompanying Documents
1735
III.408.
Right of Participation in Advisory Proceedings
1737
III.409.
Principal Features of the Advisory Procedure
1742
III.410.
Hearing in Common of Two Advisory Proceedings
1750
III.411.
Individuals
1751
III.412.
Provisional Measures in Advisory Proceedings
1757
III.413.
Role of the Secretary-General
1759
III.414.
Advisory Opinion
1762
III.415.
Legal Effect of an Advisory Opinion
1765
Appendix to Chapter 30: Participation of States in Advisory Proceedings
1773
Volume IV Basic Documents And Indexes
Composition of the Court
1775
Charter of the United Nations
1791
Statute of the Court
1827
Rules of Court 1978-2015
1845
Practice Directions
1891
Resolution Concerning the Internal Judicial Practice of the Court
1899
Note for the Parties Concerning the Preparation of Pleadings
1905
Secretary-General's Trust Fund
1907
Table of Cases
1913
Index of Names
1935
Articles of Charter Cited
1945
Articles of Statute Cited
1947
Articles of Rules of 1936/1946 Cited
1953
Articles of Rules of 1978-2005 Cited
1955
General Index
1957