دانلود کتاب The ICJ and the Development of International Law : the Enduring Impact of the Corfu Channel Case

In 1949 the International Court of Justice (ICJ) handed down its first judgment in the Corfu Channel Case. In diffusing an early Cold War dispute, the Court articulated a set of legal principles which continue to shape our appreciation of the international legal order. Many of the issues dealt with by the Court in 1949 remain central questions of international law, including due diligence, forcible intervention and self-help, maritime operations, navigation in international straits and the concept of elementary considerations of humanity. The Court's decision has been cited on numerous occasio.  Read more... The ICJ and the Evolution of International Law The enduring impact of the Corfu Channel case; Copyright; Contents; List of contributors; Preface; PART I:Views from the Bench: the legacy of the Corfu Channel case; 1 An international contentious case on the threshold of the Cold War; 2 The Corfu Channel case and the concept of sovereignty; 3 The bar; PART II: The historical and institutional framework; 4 The Corfu Channel case in perspective: the factual and political background; 5 The International Court of Justice and the Security Council: disentangling Themis from Ares. PART III: Procedural and evidential issues before the World Court6 The basis of the Court's jurisdiction and the scope and usefulness of forum prorogatum; 7 The International Court of Justice and standards of proof; 8 'Naval secrets', public interest immunity and open justice; PART IV: Law of the Sea; 9 International straits: still a matter of contention?; 10 Dangerous waters and international law: the Corfu Channel case, warships, and sovereignty irritants; 11 Peacetime maritime operations; PART V : Fundamental rules of international law. 12 The Court's decision in silentium on the sources of international law: its enduring signifi cance13 Intervention and self-help; 14 A policy of force; 15 Foundational judgment or constructive myth? The Court's decision as a precursor to international environmental law; 16 The interaction between international humanitarian law and human rights law and the contribution of the ICJ; 17 Elementary considerations of humanity; PART VI: Issues of state responsibility; 18 State omissions and due diligence: aspects of fault, damage and contribution to injury in the law of state responsibility. 19 The limits of complicity as a ground for responsibility: lessons learned from the Corfu Channel case20 Reparation and compliance; 21 Conclusion; Index