Latin America and the International Court of Justice: Contributions to International Law

ISBN-13: 9781138858572 / Angielski / Twarda / 2016 / 326 str.

Jean-Marc Sorel; Paula Wojcikiewicz Almeida

Opis

This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Spis treści

Introduction Part I: The Historical Contribution of Latin America To The Development Of International Law Through Adjudication 1. Latin America and International Law in the 19-20th centuries 2. Latin America and the Hague Peace Conferences 3. Latin America and the Central American Court of Justice 4. Latin America and the Permanent Court of International Justice 5. Latin America and the International Court of Justice Part II: Procedural Contribution Of Latin American Cases To The Development Of International Law 6. Obligation to negotiate 7. Application for revision of a Judgment (Article 61, Statute of the Court) 8. Discretional Intervention (Article 62, Statute of the Court) 9. Right to intervene (Article 63, Statute of the Court) 10. Request for interpretation of a Judgment 11. Enforcement of the International Court of Justice decisions Part III: Material Contribution Of Latin American Cases To The Development Of International Law 12. Diplomatic and consular protection 13. International peace and security 14. Territorial and maritime disputes 15. Environmental law and activities carried in the border area 16. Conclusion

O autorze

Paula Wojcikiewicz Almeida is Professor of International Law and Jean Monnet Chair, sponsored by the European Commission at Fundação Getulio Vargas Law School in Rio de Janeiro, Brazil. Associate Researcher at the Institut de recherche en droit international et européen de la Sorbonne (IREDIES). Doctorate summa cum laude from the Sorbonne Law School, Université Paris 1, France. Jean-Marc Sorel is Professor of Public Law at Sorbonne Law School, Université Paris 1, France. Former Director of the Institut de Recherche en Droit International et Européen de la Sorbonne (IREDIES). Counsel and Advocate of States before the International Court of Justice. Author or Editor of 28 books and 150 articles in different fields of International Law.