Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of it...
This book is the first detailed historical account of intellectual property law. In part, it examines why intellectual property law with its subcategories of patents, copyright, designs and trade marks took the shape that it did over the course of the nineteenth century. In addition the authors deal with ways in which the law grants property status to intangibles and describe how the law came to create techniques that enabled it to recognize protectable intangibles, and the inescapable problems that have arisen from their use.
This book is the first detailed historical account of intellectual property law. In part, it examines why intellectual property law with its subcatego...
Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late 19th century, and its subsequent decline after the Second World War. He combines legal analysis, historical and political critique and semi-biographical studies of key figures, including Hersch Lauterpacht, Carl Schmitt and Hans Morgenthau. Finally, his discussion of legal and political realism at American law schools ends in a critique of post-1960 "instrumentalism." This wide-ranging study provides a unique reflection on the future of critical international law.
Koskenniemi traces the emergence of a liberal sensibility relating to international matters in the late 19th century, and its subsequent decline after...
Which of the peoples currently claiming the right to self-determination have that right under international law? At what point does this political ideal turn into an international legal standard? This first comprehensive legal account asks how far self-determination is reshaping international relations and assesses the extent of its impact on traditional international institutions. The book scrutinizes State practice through national digests and United Nations proceedings and reappraises the concept against the whole body of international law, thus making an important contribution to an...
Which of the peoples currently claiming the right to self-determination have that right under international law? At what point does this political ide...
The United Nations Charter in 1945 prohibits all use of force by states except in the event of an armed attack or when authorized by the Security Council. Although the Charter is very hard to amend, its drafters agreed that it should be interpreted flexibly by the UN's principal political institutions and the text has undergone extensive interpretation. This book relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.
The United Nations Charter in 1945 prohibits all use of force by states except in the event of an armed attack or when authorized by the Security Coun...
This book is the outcome of the Sir Hersch Lauterpacht Memorial Lectures delivered by the author at Cambridge University in 2001. It addresses three salient issues of contemporary international dispute settlement: the development of international constitutional law in a global society; the increasing access of the individual; and the developing role of international private arbitration. The book discusses recent thoughts and proposals concerning a new role for the International Court of Justice in performing judicial constitutional functions, with particular reference to the United Nations...
This book is the outcome of the Sir Hersch Lauterpacht Memorial Lectures delivered by the author at Cambridge University in 2001. It addresses three s...
The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing...
The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the general...
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of it...
