|
Showing 1 - 1 of
1 matches in All Departments
This book evaluates the concept of the function of law through the
prism of the International Court of Justice. It goes beyond a
conventional analysis of the Court's case law and applicable law,
to consider the compromise between supranational order and state
sovereignty that lies at the heart of its institutional design.
It argues that this compromise prevents the Court from playing a
progressive role in the development of international law. Instead,
it influences the international legal order in more subtle ways, in
particular, in shaping understanding of the nature or form of the
international legal order as a whole. The book concludes that the
role of the Court is not to advance some universal conception of
international law but rather to decide the cases before it in the
best possible way within its institutional limits, while remaining
aware of law's deeper theoretical foundations.
The book considers three key elements: firstly, it examines the
historical aspects of the Court's constitutive Statute, and the
manner in which it defines its judicial character. Secondly, it
considers the drafting process, the function of a dissenting
opinion, and the role of the individual judge, in an attempt to
discern insights on the function of the Court. Finally, the book
examines the Court's practice in regard to three conceptual issues
which assist in understanding the Court's function: its theory of
precedent; its definition of the 'international community'; and its
theory on the completeness of the international legal order.
|
You may like...
Loot
Nadine Gordimer
Paperback
(2)
R205
R168
Discovery Miles 1 680
Loot
Nadine Gordimer
Paperback
(2)
R205
R168
Discovery Miles 1 680
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.