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Compulsory Jurisdiction in International Law (Hardcover)
Loot Price: R3,580
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Compulsory Jurisdiction in International Law (Hardcover)
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The system of optional clause declarations is a unique regime of
compulsory jurisdiction based on the two World Courts' Statutes.
This timely book offers a wide-ranging academic survey of the
developments of that system, the theoretical and procedural aspects
of the unilateral declarations of acceptance and the reservations
added to these declarations.The author critically examines those
reservations which undermine the system of compulsory jurisdiction
and discusses the major controversies. She considers the various
aspects of compulsory jurisdiction giving special attention to the
States' practice, the Courts' jurisprudence and both Courts'
relevant case law. The book contains a unique comparative analysis
of all the declarations of acceptance made since the establishment
of the Permanent Court of International Justice while also debating
the shortcomings and the future of the system. This comprehensive
study will strongly appeal to international law academics and
advanced students as well as to practitioners involved with
international judicial fora. Contents: 1. A Short History of the
Arbitral Settlement of Interstate Disputes until the Establishment
of the PCIJ 2. The Legislative History of the Optional Clause and
its Conception 3. Declarations Accepting the Compulsory
Jurisdiction of the Court 4. Admissibility of Reservations to
Declarations of Acceptence 5. The Legal Character of the Optional
Clause System 6. Reciprocity and the System of Optional Clause
Declarations 7. Generally Accepted Reservations to Declarations of
Acceptance 8. Destructive Reservations 9. Termination and Amendment
of Declarations of Acceptance 10. Objecting to the Court's
Jurisdiction 11. Reconsidering the Optional Clause System Index
General
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