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Counterclaims, the right of a State sued by another State to bring
its own counter-suit in the course of the same trial, may offer an
opportunity to mitigate the effects of the original suit and help
to resolve disputes between States that have more than one aspect.
In recent years, counterclaims have been frequently presented at
the International Court of Justice (ICJ). This book examines the
counterclaims presented at the ICJ and at its predecessor, the
Permanent Court of International Justice (PCIJ), during its 65
years of existence. It is the first study that focuses exclusively
on the subject of counterclaims. It analyses the evolution of the
germane provisions in the PCIJ and ICJ Rules of Procedure and the
practice of the Court, especially in light of the relevant case-law
of the ICJ. A useful source for academics and practitioners in
International law.
Non participation in armed conflict gives rise to the relevance,
role and content of the law of neutrality in contemporary
international law. Despite scholarly opinion to the contrary the
challenges posed by collective security and the prohibition of the
use of force have not made neutrality obsolete. The validity of the
law of neutrality is reaffirmed in State practice, mainly in the
form of national military manuals, and the case-law of
international tribunals. The legal framework of neutrality remains
unchanged with respect to most rules. At the same time, it has been
adapted to the evolution of the law of the sea as a result of the
1982 UN Law of the Sea Convention, the globalization of trade and
the use of cyberspace in armed conflict. This has been achieved
mainly through soft law documents and national military manuals.
Neutrality, however, remains inapplicable in non-international
armed conflict.
Counterclaims, the right of a State sued by another State to bring
its own counter-suit in the course of the same trial, may offer an
opportunity to mitigate the effects of the original suit and help
to resolve disputes between States that have more than one aspect.
In recent years, counterclaims have been frequently presented at
the International Court of Justice (ICJ). This book examines the
counterclaims presented at the ICJ and at its predecessor, the
Permanent Court of International Justice (PCIJ), during its 65
years of existence. It is the first study that focuses exclusively
on the subject of counterclaims. It analyses the evolution of the
germane provisions in the PCIJ and ICJ Rules of Procedure and the
practice of the Court, especially in light of the relevant case-law
of the ICJ. A useful source for academics and practitioners in
International law.
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