International Courts Books - Page 5

International Court of Justice: Yearbook 1989-1990/No 44/Sales No Icj/591

International Court of Justice

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International Courts for the Twenty-First Century

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Editorial Review:

Building on the foundations of public international arbitration in the 19th century, the 20th century has witnessed a remarkable proliferation of courts for the international adjudication of disputes: eg the Permanent Court of International Justice, the European Court of Justice, the European Court of Human Rights, and the Inter-American Court of Human Rights. As we approach the centenary of the first Hague Peace Conference of 1899 that inaugurated the 20th century's international courts, a panel of international jurists evaluates existing and proposed international courts. This work uses the past and present to prepare international courts for the new century. The authors aim to help fashion the courts that can help settle international disputes in the coming decades.

International Fugitives: A New Role for the International Court of Justice

Barbara M. Yarnold

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In this penetrating analysis of international extradition practices, Barbara Yarnold argues that, as they currently exist, these practices are not functioning adequately. This breakdown is confirmed, she demonstrates, by repeated incidents of illegal international extradition, most recently the 1989 "gunboat extradition" of Panama's General Noriega by the United States. Yarnold contends that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security because the extra-legal extraditions that are substituted often involve the violation of the territorial sovereignty of another state. Yarnold proposes an alternative mechanism for dealing with requests for international extradition in which the International Court of Justice plays a central role. Divided into three parts, the book begins with a group of chapters that examine and evaluate contemporary extradition practices. The author looks at the history of extradition agreements, analyzes the international extradition proceedings of U.S. district courts during the last sixty years, and shows that the inherent uncertainty and delay in international extradition practices often leads frustrated states to resort to extra-legal or illegal alternatives. In Part II, Yarnold examines efforts that have been made toward resolving international disputes through negotiation rather than through the use of force, focusing particular attention on the development of the International Court of Justice. Finally, the author suggests that the world community of states grant to the International Court of Justice jurisdiction over both international crimes and crimes committed against states but involve the flight of the fugitive from one state to another. She suggests further that the decision regarding whether or not international extradition of a fugitive is warranted should also be made by the International Court of Justice, instead of by courts within states, which are subject to local biases. Students of international relations and international law will find Yarnold's work illuminating reading.

The International Mandate System and Namibia (Westview Special Studies in International Relations)

Isaak Dore

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The Iran-United States Claims Tribunal:Controversies, Cases and Contribution

Rahmatullah Khan

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Judge Shigeru Oda and the Progressive Development of International Law:Opinions, Declarations, Separate Opinions, Dissents, on the International Court ... Opinions, Dissents on the International Co)

Edward McWhinney

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Editorial Review:

The present volume is the first in a planned series, "The Judges", which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the judicial opinions of Shigeru Oda, the Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years. The study includes a resume and analysis of Judge Oda's judicial opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.

Judge Sir Gerald Fitzmaurice and the Discipline of International Law:Opinions on the International Court of Justice, 1961-1973 (Judges, Vol 3)

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Editorial Review:

This volume, the third in the series The Judges, which examines the opinions of international judges who have made significant contributions to international law, is devoted to the work of Sir Gerald Fitzmaurice. Elected to the International Court in 1960, Fitzmaurice served as a judge until 1973, playing an influential, but controversial, role. Professor Merrills' essay, which precedes a selection from Fitzmaurice's opinions, analyses his achievement during this period, showing its close relation to his earlier work as a legal advisor and scholar. Also discussed is the final phase of Fitzmaurice's career in which he served as a judge on the European Court of Human Rights and arbitrator. Demonstrating how Fitzmaurice's decisions as a judge stemmed from a distinctive view of law and the legal process, the study will be of particular interest to scholars, practitioners and students concerned with international adjudication and the nature of international law.

Judging the World Court

Thomas M. Franck

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Judging War Criminals: The Politics of International Justice

Yves Beigbeder

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Editorial Review:

Following a review of international humanitarian and criminal law and a description of many unpunished massacres or genocides, this book opens up perspectives of remedy through national justice, truth and reconciliation commissions, and mainly international criminal justice. In June 1998, diplomats from all United Nations' countries met in Rome to draft the Statute of a permanent International Criminal Court, a daring innovation. Based on the precedents of the Nuremberg and Tokyo Tribunals and the War Crimes Tribunals for the Former Yugoslavia and Rwanda, the new Court will judge individuals, not states, for grave violations of international humanitarian law.

Judicial Remedies in International Law (Oxford Monographs in the International Law)

Christine D. Gray

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Editorial Review:

The first comprehensive study of judicial remedies in international law, this book begins with a close examination of the early development of judicial remedies through the varied practice of international arbitral tribunals. Gray then goes on to evaluate the significance of the contributions made by the Permanent Court of International Justice, its successor the International Court of Justice, and specialized tribunals such as the European and American courts of human rights and the United Nations administrative tribunal. The author finally considers whether recent international commercial arbitration offers a new approach to the question of judicial remedies.