Jurisdiction of the International Court of Justice / by Xue Hanqin.
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| Online Access: |
Full Text (via ProQuest) |
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| Main Author: | |
| Format: | eBook |
| Language: | English |
| Published: |
Leiden ; Boston :
Brill,
[2017]
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| Series: | Collected courses of the Xiamen Academy of International Law ;
v. 10. |
| Subjects: |
Table of Contents:
- Jurisdiction of the International Court of Justice: Xiamen Academy of International Law Summer Courses, July 27-31, 2015; Copyright; Dedication; Contents; I Introduction; 1 A Historical Review; a European Arbitrations in the 19th Century and the Permanent Court of Arbitration; b The First World Court-PCIJ; c The World Court under a New Order; 2 A Hindsight-70 Years' Experience; a The Initial Success-1946 to 1965; b A Dormant Period-1966 to 1984; c Towards a Revival-1985 to 1990; d New Challenges-1991 to the Present; II The General Concepts; 1 The Concept of Jurisdiction at International Level.
- 2 Competence and Jurisdiction3 Jurisdiction and Admissibility; 4 Justiciability; 5 Judicial Propriety; 6 Non-appearance; III Basic Rules and Principles-Part One; 1 The Importance of the Principle of Consent; 2 Modes of Expression of Consent; a Consent Granted by Agreements; b Consent Conferred by a Declaration of Acceptance of Compulsory Jurisdiction; c Consent Based on Forum Prorogatum; d Consent Derived from Other Sources; 3 Mutuality and Reciprocity; a Scope of Consent; b Reservations and Conditions Attached to the Consent; 4 Withdrawal of Consent; IV Basic Rules and Principles-Part Two.
- 1 The Principle of Finality, res judicataa The Concept of res judicata; b What Constitutes res judicata; 2 Article 59 of the Statute-The res inter alios acta Rule; a The Scope of res inter alios acta; b Protection of the Interest of the Third Party; 3 The Monetary Gold Rule; 4 The non ultra petita Rule; V Preconditions for the Exercise of Jurisdiction; 1 Existence of a Dispute; a The Notion of a Dispute; b Determination of the Existence of a Dispute; c The Relevant Date and the Existence of a Dispute; d The Subject-matter of a Dispute.
- 2 Negotiation and Other Preconditions for the Seisin of the Courta Prior Negotiation as a Condition; b Precondition Attached to Declarations Accepting Compulsory Jurisdiction of the Court; c Precondition in a Compromissory Clause; VI Competent Parties-Jurisdiction ratione personae; 1 States-Access to the Court and Jurisdiction ratione personae; a Members of the United Nations; b Non-members of the United Nations; c Access to the Court in Case of State Succession; d The Role of States in Advisory Proceedings; 2 International Organizations; a The Role in Contentious Cases.
- B Requests for Advisory Opinions3 Jurisdictional Issues in Incidental Proceedings; a Interim Protection; b Intervention; c Counter-Claims; VII Subject-matter Jurisdiction and Temporal Jurisdiction; 1 Jurisdiction ratione materiae; a The Concept of Subject-matter Jurisdiction; b The Title of Jurisdiction; c Multiple Titles of Jurisdiction; d Identification of the Subject-matter; e Jurisdiction ratione materiae and Obligations erga omnes; 2 Jurisdiction ratione temporis; VIII Objections to Jurisdiction and Admissibility; 1 Jurisdiction as a Matter for the Court to Decide.