Failings of the International Court of Justice

ISBN-13: 9780199364060 / Angielski / Twarda / 2015 / 432 str.

A. Mark Weisburd

Opis

Failings of the International Court of Justice critically examines the jurisprudence of the International Court of Justice. Even though the legal instrument that establishes the Court provides that its judgments have no formal precedential value, those judgments are treated as authoritative by international lawyers throughout the world. In this book, A. Mark Weisburd argues that the Court's decisions are, in a large minority of cases, poorly reasoned and doubtful as a matter of law, and therefore ought not to be accorded the deference they receive.

The book seeks to demonstrate its thesis by a careful review of the Court's errors. It begins with an examination of the law that created and empowered the Court. It then describes the body of law upon which the Court was intended to base its decisions, and the mistakes in the arguments supporting the Court's drawing legal rules from other sources. The book goes on to analyze in detail cases in which the Court has made serious legal errors, first addressing procedural errors, then turning to mistakes in the application of substantive international law. The book closes with a quantitative summing up of the Court's performance, and a tentative explanation for its relatively disappointing record.

O autorze

A. Mark Weisburd has been a member of the faculty of the School of Law of the University of North Carolina at Chapel since 1981. After receiving his A.B. from Princeton University in 1970, he joined the United States Foreign Service, where he served his one tour of duty as a Foreign Service Officer in East Pakistan/Bangladesh from 1971 to 1973..From 1976 to 1981, he was an associate attorney with the law firm of Wilmer, Cutler & Pickering in Washington, D.C. His writing has focused on the place of international law in the law of the United States, and on issues relating to the determination of the content of international law.