The International Court of Justice and Some Contemporary Problems : Essays on International Law

This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differing aspects of the living law of the United Nations. Although written on diverse occasions and for different purposes, they are nevertheless animated by the common ideal of analysing and synthesising current issues with which the International Court of Justice, the United Nations Organization itself and related law-making organs and institutions have been grappling in the last five years or so. The treatment of the subjects with which they deal and the manner of their orientation naturally differ both in scope and in depth of analysing, depending upon the particular aspects of international law under consideration. They open up not only new horizons but also, as one of its chapters indicates, new conceptions and perspectives in current international law. Old topics are re-examined from new angles, some new topics are studied in such a way as to relate them to their customary roots and pristine significance in legal thought. There are five main parts. The first and inevitably the longest division deals with the international judicial process in nearly all its modern ramifications as exemplified in the work of the Court. The first study deals with problems of method associated with the internal judicial practice of the Court from the moment the public hearings have been completed up to the delivery of the judgment; in other words, how the Court judges a case. Front Matter....Pages I-IX Introduction....Pages 1-10 Front Matter....Pages 11-11 Methodological problems faced by the International Court of Justice in the application of international law....Pages 13-32 The International Court of Justice and the non-appearing respondent....Pages 33-66 The International Court of Justice and the indication of provisional measures of protection....Pages 67-83 The limits of the right of intervention in a case before the International Court of Justice....Pages 84-99 The International Court of Justice and the Nuclear Tests cases....Pages 100-118 The doctrine of inter-temporal law....Pages 119-147 New perspectives and conceptions in contemporary public international law....Pages 148-164 Front Matter....Pages 165-165 Sovereign immunity and commercial transactions....Pages 167-179 The work of international organizations in the economic and social fields....Pages 180-204 The rule-making process and the future of international law....Pages 205-219 Front Matter....Pages 221-221 Basic principles and perspectives of the New International Economic Order....Pages 223-237 The New International Economic Order and human rights....Pages 238-251 Front Matter....Pages 253-253 Regional commissions on human rights with special reference to Africa....Pages 255-283 Recent trends in diplomatic law and human rights....Pages 284-296 Front Matter....Pages 297-299 The era of protectorates, colonies and capitulations....Pages 300-316 The era of decolonization....Pages 317-333 The disappearance of the mandate and trusteeship systems....Pages 334-350 Back Matter....Pages 351-374