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International Copyright and Neighbouring Rights: The Berne Convention and Beyond
by Sam Ricketson Jane GinsburgThis comprehensive volume examines the international framework concerned with the protection of copyright and neighbouring rights. The focal point of this commentary is the Berne Convention for the Protection of Literary and Artistic Works 1886, which was last revised in 1971, but the treatment extends beyond to the related conventions that have grown out of, or are based on, Berne. These include; the WIPO Copyright Treaty 1996, the Rome Convention for the Protection of Phonogram Producers, Performers and Broadcasting Organizations 1961, the WIPO Performances and Phonograms Treaty 1996, and the 1994 Trade-Related Intellectual Property Rights Agreement (TRIPS Agreement) (an annexed agreement to the World Trade Organization). This edition also extends to conventions introduced since the publication of the previous edition, such as the Beijing Treaty on the Protection of Audiovisual Performances 2012, and the Marrakesh Treaty to Facilitate Access for Blind and Visually Impaired Readers 2013. The analysis in the commentary is thematic and grounded in the history and development of each of the treaties considered. While its primary focus is upon the way in which the obligations contained in these public law instruments are to be interpretated and applied in domestic law, it also addresses in some detail the private international law aspects of the protection of works and neighbouring rights. This new edition considers a number of developing areas, such as continuing work within the WIPO Standing Committee on Copyright and Related Rights on the matter of exceptions, limitations and the development of a new treaty on broadcasters, emerging discussions at both national and international levels about the matter of formalities, the beginnings of a movement in favour of broader protection of resale royalty rights, and more.
International Copyright and Neighbouring Rights: The Berne Convention and Beyond
by Sam Ricketson Jane GinsburgThis comprehensive volume examines the international framework concerned with the protection of copyright and neighbouring rights. The focal point of this commentary is the Berne Convention for the Protection of Literary and Artistic Works 1886, which was last revised in 1971, but the treatment extends beyond to the related conventions that have grown out of, or are based on, Berne. These include; the WIPO Copyright Treaty 1996, the Rome Convention for the Protection of Phonogram Producers, Performers and Broadcasting Organizations 1961, the WIPO Performances and Phonograms Treaty 1996, and the 1994 Trade-Related Intellectual Property Rights Agreement (TRIPS Agreement) (an annexed agreement to the World Trade Organization). This edition also extends to conventions introduced since the publication of the previous edition, such as the Beijing Treaty on the Protection of Audiovisual Performances 2012, and the Marrakesh Treaty to Facilitate Access for Blind and Visually Impaired Readers 2013. The analysis in the commentary is thematic and grounded in the history and development of each of the treaties considered. While its primary focus is upon the way in which the obligations contained in these public law instruments are to be interpretated and applied in domestic law, it also addresses in some detail the private international law aspects of the protection of works and neighbouring rights. This new edition considers a number of developing areas, such as continuing work within the WIPO Standing Committee on Copyright and Related Rights on the matter of exceptions, limitations and the development of a new treaty on broadcasters, emerging discussions at both national and international levels about the matter of formalities, the beginnings of a movement in favour of broader protection of resale royalty rights, and more.
International Corporate Governance: A Comparative Approach
by Thomas ClarkeComprehensive and up-to-date, this important textbook analyzes the escalating crisis in corporate governance and the growing interest in its reform across the globe. Written by a leading name in the field of corporate governance from a genuinely international perspective, this excellent textbook provides a balanced analysis of the relative strengths and weaknesses of the Anglo-Saxon, European and Asian traditions of corporate governance; offering a prognosis of the future development, complexity and diversity of corporate governance forms and systems. It: investigates the reasons for the failure of Enron, WorldCom, Tyco, Parmalat and other major international corporations examines the role of international standards of corporate governance, with the intervention of the OECD, World Bank and IMF explores the continuing cultural diversity in corporate and institutional forms in the United States and UK, Europe and Asia Pacific. Illustrated with a wealth of up-to-the minute case studies and packed full of excellent illustrative material that guides student readers through this complex subject, International Corporate Governanceis a must read for anyone studying corporate governance today. 9780415323109 9780203300725
International Corporate Governance: A Comparative Approach (PDF)
by Thomas ClarkeComprehensive and up-to-date, this important textbook analyzes the escalating crisis in corporate governance and the growing interest in its reform across the globe. Written by a leading name in the field of corporate governance from a genuinely international perspective, this excellent textbook provides a balanced analysis of the relative strengths and weaknesses of the Anglo-Saxon, European and Asian traditions of corporate governance; offering a prognosis of the future development, complexity and diversity of corporate governance forms and systems. It: investigates the reasons for the failure of Enron, WorldCom, Tyco, Parmalat and other major international corporations examines the role of international standards of corporate governance, with the intervention of the OECD, World Bank and IMF explores the continuing cultural diversity in corporate and institutional forms in the United States and UK, Europe and Asia Pacific. Illustrated with a wealth of up-to-the minute case studies and packed full of excellent illustrative material that guides student readers through this complex subject, International Corporate Governanceis a must read for anyone studying corporate governance today. 9780415323109 9780203300725
International Corporate Governance: A Comparative Approach
by Thomas ClarkeThomas Clarke's International Corporate Governance offers a comprehensive guide to corporate governance forms and institutions and examines the recurring crises in corporate governance and the resulting corporate governance reform around the world. While the popular structure of the original text has been retained, significant changes have been made to take account of the global financial crisis, ever-changing regulations and worldwide governance developments. Key topics include: The governance failures of international corporations such as Enron and Lehman Brothers Diversity in corporate and institutional forms across the world The role of international corporate governance standards Digital disruption in capital markets and proposals for rebuilding commitment to long-term investing The impact of financialization and corporate governance practices on increasing inequality The links between corporate governance, corporate social responsibility and sustainability This textbook contains a wealth of pedagogical material to guide the reader through this complex subject, including student questions to help with assessments, and a new companion website. There are also thirteen forensic case studies which scrutinize the governance failures seen at RBS, UBS, BP, Volkswagen and many other international corporations. International Corporate Governance will be an essential text for anybody studying corporate governance at the advanced undergraduate, master's or executive level.
International Corporate Governance: A Comparative Approach
by Thomas ClarkeThomas Clarke's International Corporate Governance offers a comprehensive guide to corporate governance forms and institutions and examines the recurring crises in corporate governance and the resulting corporate governance reform around the world. While the popular structure of the original text has been retained, significant changes have been made to take account of the global financial crisis, ever-changing regulations and worldwide governance developments. Key topics include: The governance failures of international corporations such as Enron and Lehman Brothers Diversity in corporate and institutional forms across the world The role of international corporate governance standards Digital disruption in capital markets and proposals for rebuilding commitment to long-term investing The impact of financialization and corporate governance practices on increasing inequality The links between corporate governance, corporate social responsibility and sustainability This textbook contains a wealth of pedagogical material to guide the reader through this complex subject, including student questions to help with assessments, and a new companion website. There are also thirteen forensic case studies which scrutinize the governance failures seen at RBS, UBS, BP, Volkswagen and many other international corporations. International Corporate Governance will be an essential text for anybody studying corporate governance at the advanced undergraduate, master's or executive level.
International Corporate Governance: A Comparative Approach
by Thomas ClarkeThomas Clarke’s International Corporate Governance offers a panoramic guide to corporate governance and examines the recurring crises in governance and the reform around the world. This is a popular classic book but significant changes have been made to this new edition to take account of: the continuing impact of the global financial crisis and the wave of regulation development flowing from this the profound consequences of climate change and the urgent need for corporations to respond with the commitment to sustainable value creation Important elements of the work include: contemporary governance failures including BP, VW, Boeing, GM/Tesla, Apple, Purdue Pharma, and Theranos; the ongoing vitality of the diversity of corporate governance across the world; digital disruption in capital markets and initiatives to build long-term investment; the universal impact of financialization and resulting increasing inequality; the essential logic of corporate governance and corporate sustainability. The textbook contains a wealth of pedagogical material to guide the reader through this complex subject, with student questions to help with assessments and new companion website. There are 14 new forensic case analyses critically scrutinizing governance failures. International Corporate Governance is an essential text for those studying corporate governance at the advanced undergraduate, postgraduate, or executive level.
International Corporate Governance
by Thomas ClarkeThomas Clarke’s International Corporate Governance offers a panoramic guide to corporate governance and examines the recurring crises in governance and the reform around the world. This is a popular classic book but significant changes have been made to this new edition to take account of: the continuing impact of the global financial crisis and the wave of regulation development flowing from this the profound consequences of climate change and the urgent need for corporations to respond with the commitment to sustainable value creation Important elements of the work include: contemporary governance failures including BP, VW, Boeing, GM/Tesla, Apple, Purdue Pharma, and Theranos; the ongoing vitality of the diversity of corporate governance across the world; digital disruption in capital markets and initiatives to build long-term investment; the universal impact of financialization and resulting increasing inequality; the essential logic of corporate governance and corporate sustainability. The textbook contains a wealth of pedagogical material to guide the reader through this complex subject, with student questions to help with assessments and new companion website. There are 14 new forensic case analyses critically scrutinizing governance failures. International Corporate Governance is an essential text for those studying corporate governance at the advanced undergraduate, postgraduate, or executive level.
International Corporate Governance (Advances in Financial Economics #18)
by Kose John Stephen P. Ferris Anil K. MakhijaAdvances in Financial Economics, volume 18, will present research on corporate governance both in the US and globally. Papers will deal with the role played by boards of directors, internal organization design and governance mechanisms, franchise agreements, the effect of regulation and policy, the market for corporate control, and strategic alliances. The volume will aim at providing a deeper understanding of corporate governance practices, trends, innovations and challenges using international data.
International Corporate Governance After Sarbanes-Oxley (Wiley Finance #338)
by Paul Ali Greg N. Gregoriou"The Sabanes-Oxley Act has been one of the most significant developments in corporate and securities regulation since the New Deal. This collection of important articles would be a valuable resource for anyone seeking to understand Sabanes-Oxley's far-reaching effects on corporate governance in the United States and elsewhere." —Jesse Fried, coauthor of Pay Without Performance: The Unfulfilled Promise of Executive Compensation and Professor of Law at the University of California, Berkeley "The editors have assembled the latest cutting-edge research on international corporate governance by respected academics in this field. In this handbook, the editors deal with all aspects of the significant legislative changes to corporate governance regulation. It introduces the reader to the new rules that will certainly improve the reliability and the accuracy of disclosures made by corporations. The book comes at the right moment with the recent scandals such as Enron, which will educate all readers especially shareholders of corporate stock." —Komlan Sedzro, Professor of Finance, University of Quebec at Montreal "Today, corporate governance is a topic at the center of public policy debate in most industrialized countries. The range of concerns; the variety of approaches; and their tendency to converge in some areas or diverge in others (not always in the right directions) are emphatically demonstrated by these essays. There is material here of enormous interest for scholars of comparative law and economic regulation. And significantly, the presentation of essays from legal, financial, and regulatory viewpoints demonstrates the growing practical as well as theoretical utility of interdisciplinary work in this area. Professors Ali and Gregoriou are to be warmly congratulated for their skill and initiative in assembling an important publication, as well as for their own contributions to interdisciplinary scholarship." —R. P. Austin, BA, LLM (Sydney), DPhil (Oxon), Supreme Court of New South Wales "This very international collection emphasizes the economic line of descent, while including legal and socio-legal contributions. It fills a very important gap in our empirical knowledge of corporate governance. It is accessible and comprehensive and will greatly assist readers from all relevant disciplines, who are trying to discern the shape of corporate governance as a mature field." —Dimity Kingsford Smith, Professor of Law, University of New South Wales
International Corporate Governance After Sarbanes-Oxley (Wiley Finance #338)
by Paul Ali Greg N. Gregoriou"The Sabanes-Oxley Act has been one of the most significant developments in corporate and securities regulation since the New Deal. This collection of important articles would be a valuable resource for anyone seeking to understand Sabanes-Oxley's far-reaching effects on corporate governance in the United States and elsewhere." —Jesse Fried, coauthor of Pay Without Performance: The Unfulfilled Promise of Executive Compensation and Professor of Law at the University of California, Berkeley "The editors have assembled the latest cutting-edge research on international corporate governance by respected academics in this field. In this handbook, the editors deal with all aspects of the significant legislative changes to corporate governance regulation. It introduces the reader to the new rules that will certainly improve the reliability and the accuracy of disclosures made by corporations. The book comes at the right moment with the recent scandals such as Enron, which will educate all readers especially shareholders of corporate stock." —Komlan Sedzro, Professor of Finance, University of Quebec at Montreal "Today, corporate governance is a topic at the center of public policy debate in most industrialized countries. The range of concerns; the variety of approaches; and their tendency to converge in some areas or diverge in others (not always in the right directions) are emphatically demonstrated by these essays. There is material here of enormous interest for scholars of comparative law and economic regulation. And significantly, the presentation of essays from legal, financial, and regulatory viewpoints demonstrates the growing practical as well as theoretical utility of interdisciplinary work in this area. Professors Ali and Gregoriou are to be warmly congratulated for their skill and initiative in assembling an important publication, as well as for their own contributions to interdisciplinary scholarship." —R. P. Austin, BA, LLM (Sydney), DPhil (Oxon), Supreme Court of New South Wales "This very international collection emphasizes the economic line of descent, while including legal and socio-legal contributions. It fills a very important gap in our empirical knowledge of corporate governance. It is accessible and comprehensive and will greatly assist readers from all relevant disciplines, who are trying to discern the shape of corporate governance as a mature field." —Dimity Kingsford Smith, Professor of Law, University of New South Wales
International Corporate Governance and Regulation (Advances in Financial Economics #20)
by Stephen P. Ferris Kose John Anil K. MakhijaAdvances in Financial Economics volume 20 deals with International Corporate Governance, particularly the role played by boards of directors, internal organization design and governance mechanisms, franchise agreements, the effect of regulation and policy, the market for corporate control, and strategic alliances.
International Corporate Governance and Regulation (Advances in Financial Economics #20)
by Stephen P. Ferris Kose John Anil K. MakhijaAdvances in Financial Economics volume 20 deals with International Corporate Governance, particularly the role played by boards of directors, internal organization design and governance mechanisms, franchise agreements, the effect of regulation and policy, the market for corporate control, and strategic alliances.
The International Corporate Governance System: Audit Roles and Board Oversight (Global Financial Markets)
by F. LessamboThis book provides a comprehensive approach to Corporate Governance, Audit Process and Risk Management. Furthermore, it provides an analytical and comprehensive approach of the issues facing governance directors, internal and external auditors, risk managers, and public officials conducting assessments based upon the Report on Standards and Codes.
International Corporate Law - Volume 1
by Fiona MacmillanThe International Corporate Law series is dedicated to the publication of scholarly writing on issues in the area of internaional and comparaticve corporate law. Each volume is dividedinto two parts. The first part contains essays focusing on theoretical issues in corporate law,comparative corporate law topics, or supranational issues in corporate law. The second part of the volume contains selected short country reports.This the inaugual volume in the series, contains contributions fromm scholars in Australia, Japan, Nigeria, the United Kingdom and the United States, writing on a wide range of subjects.Contributors: Fiona Ellett, Keith E. Engel, Ameze Guobadia, Jennifer Hill, D.R.Macdonald, Fiona Macmillan, Gregory A. Mark, C.O. Okonkwo, Mami Sakaue, Peta Spender, Mitsumasa Tanabe, Junko Eueda.
International Corporate Law - Volume 2 2002
by Fiona MacmillanThe International Corporate Law Series is dedicated to the publication of scholarly writing on issues in the area of international and comparative corporate law. This volume includes contributions from the following:Dr Adedeji Adekunle of the University of Lagos writing on Nigerian corporate regulation;Professor Stephen Bottomley of the Australian National University writing on corporate governance;Professor John Braithwaite of the Australian National University and Dr Peter Drahos of the Queen Mary Intellectual Property Research Institute writing on the globalisation of corporate regulation;Professor Yves Chaput of the Université de Paris I writing on developments in French corporate law;Rasiah Gengatharen of the University of Western Australia writing on corporate law reform and futures regulation in Australia;Dr John Gillespie of Deakin University writing on the transplantation of company law in Vietnam;Desmond Guobadia writing on developments in Nigerian corporate law;Jean-Phillipe Robe writing on the globalised enterprise within the world economy;Richard Tudway writing on the juridical nature of the corporation; andProfessor Junko Ueda writing on recent developments in Japanese corporate law.
International Corporate Legal Responsibility
by Stephen TullyThis book provides a systematic and structured treatment of the responsibilities of corporations under the broad conception of international law emerging from these developments, gathered under the headings of environmental protection and sustainable development, international criminal law, corporate governance, labour standards, and human rights. Touching upon a variety of areas of law and legal process – including corporations law, tort law, criminal law, contract law, securities regulation, international trade, taxation, and accounting standards – the analysis emphasises the principal applicable international legal instruments and jurisprudence and the procedural mechanisms, processes, and fora by which corporations may be adjudged responsible. Each chapter goes on to identify practical considerations for corporations as well as for those who advise and manage them.
International Corporate Personhood: Business and the Bodyless in International Law
by Kevin CrowThis book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.
International Corporate Personhood: Business and the Bodyless in International Law
by Kevin CrowThis book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.
International Court Authority (International Courts and Tribunals Series)
by Mikael Rask MadsenAn innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
International Court Authority (International Courts and Tribunals Series)
by Mikael Rask MadsenAn innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and how international courts become important and authoritative actors in national, regional, and international politics. A stellar group of scholars investigate the challenges that international courts face in transforming the formal legal authority conferred by states into an actual authority in fact that is respected by potential litigants, national actors, legal communities, and publics. Alter, Helfer, and Madsen provide a novel framework for conceptualizing international court authority that focuses on the reactions and practices of these key audiences. Eighteen scholars from the disciplines of law, political science and sociology apply this framework to study thirteen international courts operating in Africa, Latin America, and Europe, as well as on a global level. Together the contributors document and explore important and interesting variations in whether the audiences that interact with international courts around the world embrace or reject the rulings of these judicial institutions. Alter, Helfer, and Madsen's authority framework recognizes that international judges can and often do everything they 'should' do to ensure that their rulings possess the gravitas and stature that national courts enjoy. Yet even when imbued with these characteristics, the parties to the dispute, potential future litigants, and the broader set of actors that monitor and respond to the court's activities may fail to acknowledge the rulings as binding or take meaningful steps to modify their behaviour in response to them. For both specific judicial institutions, and more generally, the book documents and explains why most international courts possess de facto authority that is partial, variable, and highly dependent on a range of different audiences and contexts - and thus is highly fragile. An introduction situates the book's unique approach to conceptualizing international court authority within theoretical debates about the authority of global institutions. International Court Authority also includes critical reflections on the authority framework from legal theorists, international relations scholars, a philosopher, and an anthropologist. The book's conclusion questions a number of widely shared assumptions about how social and political contexts facilitate or undermine international courts in developing de facto authority and political power.
The International Court of Justice: An Arbitral Tribunal or a Judicial Body?
by Serena ForlatiThe International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
The International Court of Justice
by Robert KolbWinner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and ScholarsThe International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ.The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales.
The International Court of Justice (Elgar Companions To International Courts And Tribunals Ser.)
by Robert KolbThe International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ.The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales. Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars:'Robert Kolb's International Court of Justice provides a magisterial, lucid study of its subject. The breadth and depth of the treatment are impressive: Kolb takes the reader from the history of the Court, to its role in international society, to the more technical questions concerning its composition, powers and procedures, to the development of its jurisprudence, and to its future. The finely grained discussion provides much more than a mere survey of the Court's constitutive instruments and decisions. It engages the Court as an institution and asks how it actually operates, and secures efficacy and authority in doing so. The book's careful and detailed coverage of the Court's legal framework and operation will benefit practitioners and scholars alike. There is no doubt that Kolb's volume immediately takes a place among the authoritative references on the Court.'ASIL Book Awards Committee
The International Court of Justice
by Hugh ThirlwayIn 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.