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The International Court of Justice and the Judicial Function by Gleider I. Hernandez (Hardback, 2014)

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This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design. It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is t to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations. The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

Product Identifiers

Publisher
Oxford University Press
ISBN-10
0199646635
ISBN-13
9780199646630
eBay Product ID (ePID)
193845876

Product Key Features

Author
Gleider I. Hernandez
Format
Hardback
Language
English
Subject
International Law: Professional
Type
Textbook

Dimensions

Weight
698g
Height
236mm
Width
162mm

Additional Product Features

Place of Publication
Oxford
Spine
28mm
Prizes
Short-Listed for Peter Birks Prize for Outstanding Legal Scholarship 2014.
Author Biography
Gleider I Hernandez is a Senior Lecturer in Law at Durham University and a former Associate Legal Officer at the International Court of Justice, acting from 2008-2010 as Law Clerk to Vice-President Peter Tomka and Judge Bruno Simma. He completed his D.Phil at the University of Oxford in 2010 under the supervision of Professor Sir Franklin Berman. Dr Hernandez' research interests lie within the general area of public international law, and particularly relate to international legal theory (nature and sources of international law), international dispute settlement, and the law and practice of international institutions. Dr Hernandez is a member of the Academic Review Board of the Cambridge Journal of International and Comparative Law.
Date of Publication
12/06/2014
Country of Publication
United Kingdom
Genre
International Law: Professional

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The International Court of Justice and the Judicial Function by Gleider I. Hernandez (Hardback, 2014)

About this product

Product Information

Product Identifiers

Product Key Features

Dimensions

Additional Product Features

Best Selling in Adult Learning & University

Australian Native Bee Book: Keeping Stingless Bee Hives for Pets, Pollination and Sugarbag Honey by Tim Heard (Paperback, 2015)

The Weed Forager's Handbook: A Guide to Edible and Medicinal Weeds in Australia by Adam Grubb, Annie Raser-Rowland (2012, Paperback)

Permaculture: A Designer's Manual by Bill Mollison (Hardcover, 1988)

The Falsification of History: Our Distorted Reality by John Hamer (Paperback, 2013)

In-Basket Case Studies by Guy Adamson (Paperback, 1986)

Empire of the Summer Moon: Quanah Parker and the Rise and Fall of the Comanches, the Most Powerful Indian Tribe in American History by S.C. Gwynne (Paperback, 2011)

Botanical Field Guide by Stefan Mager (Fold-out book or chart, 2021)

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