9 février 2017

OUVRAGE : H. Thirlway, The International Court of Justice


In recent years States have made more and more extensive use of the International Court of Justice for the judicial settlement of disputes. Despite being declared by the Court's Statute to have no binding force for States other than the parties to the case, its decisions have come to constitute a body of jurisprudence that is frequently invoked in other disputes, in international negotiation, and in academic writing.

This jurisprudence, covering a wide range of aspects of international law, is the subject of considerable ongoing academic examination; it needs however to be seen against the background, and in the light, of the Court's structure, jurisdiction and operation, and the principles applied in these domains. The purpose of this book is thus to provide an accessible and comprehensive study of this aspect of the Court, and in particular of its procedure, written by a scholar who has had unique opportunities of close observation of the Court in action. This distillation of direct experience and expertise makes it essential reading for all those who study, teach or practise international law.


Part 1. The Court
1. The Court as an Organ of the United Nations
2. Composition of the Court and Role of the Registry
Part 2. The Jurisdiction and Powers of the Court
3. The Law Applied by the Court
4. Jurisdiction in Contentious Cases
5. Jurisdiction in Contentious Cases (Continued)
6. Jurisdiction in Advisory Proceedings
Part 3. Contentious Proceedings
7. Overview of Contentious Proceedings
8. The Proceedings in a Contentious Case
Part 4. Advisory Proceedings
9. Procedure in Advisory Cases
Part 5. The Decision
10. Form, Content, and Preparation of Decisions
11. Form, Content, and Preparation of Decisions
12. Judges' Separate and Dissenting Opinions
Part 6. Incidental Proceedings
13. Provisional Measures
14. Preliminary Objections
15. Intervention
Part 7. The Post-adjudicative Stage
16. Interpretation and Revision of Judgments
Part 8. The Court and the Future
17. The Court at 70 : Concluding Reflections

Hugh THIRLAY, The International Court of Justice, Oxford, Oxford University Press, 2016 (240 pp.)

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