ISBN:
9783540682073
Language:
English
Pages:
Online-Ressource (XI, 324 p, digital)
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T. Fernández de Casadevante Romani, Carlos, 1956 - Sovereignty and interpretation of international norms
Keywords:
Public law
;
Law
;
Law
;
Public law
;
Internationales Recht
;
Auslegung
;
Souveränität
;
Souveränität
;
Internationale Normung
Abstract:
This work offers a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction and its exercise.
Abstract:
In an International Community characterized by the weight of state sovereignty the interpretation of international norms (by states, International Organizations and judicial and arbitral bodies) is one of the key points of this legal order. State sovereignty conditions the creation and application of International Law as well as the settlement of disputes. Thats why the intervention of judicial and arbitral bodies acquire a great importance. This work contents a comprehensive and critic approach to international judicial and arbitral case law concerning interpretation of international norms and international institutions as well as to the way the International Court of Justice conceives access to its jurisdiction ant its exercise. So, conventional instruments and instruments of a statutory nature, customary norms, institutional norms of the United Nations, unilateral declarations, as well as procedural instruments, facts alleged and the exercise of the jurisdiction attributed to the International Court of Justice in the way they have been interpreted by the Court constitute the object of a work surely useful for persons involved in international practice, studies or teaching.
Description / Table of Contents:
CONTENTS; Part One: Interpretation of International Norms: Sovereignty, Power of Discretion, Delimitation of the Discrepancy; Chapter I: Sovereignty and Interpretation: A Relationship of Dependence; 1 The sovereignty of the State conditions the interpretation of international norms: Discrepancy, discretion. Persistence of the problem; 2 The efforts to modulate the power of discretion of the State: Good faith or a principle with blurred edges; 3 Types and methods of interpretation: A classification based on international practice
Description / Table of Contents:
Chapter II: The Text, the Authentic Expression of the Will of the Parties, Constitutes the Subject of the Discrepancy: The Conventional Rules1 Language, the instrument of sovereignty; 2 The judicial limiting of a process which is heavily dependent on the autonomy of the will of the State: The interpretative norms of the Vienna Conventions of 1969 and 1986; Chapter III: The Institutionalisation of the International Community Gives a New Dimension to Law Making: The Institutional Norms
Description / Table of Contents:
1 The need for an open mind or the teaching of practice: The resolutions of the United Nations General Assembly2 The examination of the attitude of the State is the determining factor: Criteria; Chapter IV: Conduct, the Expression of the Will of the State, Constitutes the Subject of the Discrepancy: The Customary Norms; 1 The conduct of the State and its appreciation are tributaries of sovereignty; 2 The interpreter limits the discretion of the State. The conception of the interpreter prevails as regards the discrepancy: The dependence of the State
Description / Table of Contents:
1 Another sign of the dependence of the State with regard to the interpreter: The determination of the effects of the declaration2 The criteria retained by the interpreter in order to affirm the binding character of the declaration; 3 The declarations of acceptance of the obligatory jurisdiction of the ICJ; Part Two: Analysis of International Practice: The Interpretative Canons Employed by International Case Law; Chapter VI: The International Court of Justice (I.C.J.); 1 Introduction; 2 General canons employed
Description / Table of Contents:
3 Does the I.C.J. use the interpretative canons as they were conceived by the I.L.C.?1 Introduction; 2 General Criteria Employed; 3 Does the arbitral jurisprudence use the interpretative canons as they were conceived by the I.L.C.?; Part Three: Rules and Criteria Employed in Relation to the Interpretation of Certain Categories of Norms and International Instruments; 1 Interpretation of treaties stricto sensu; 2 The Charter of the United Nations; 3 The system of Mandates and the validity of the obligations inherent to it despite the disappearance of the League of Nations
Description / Table of Contents:
4 The right of self-determination of peoples
Note:
Includes bibliographical references (p. [305]-315)
DOI:
10.1007/978-3-540-68207-3
URL:
Volltext
(lizenzpflichtig)
Permalink
