Judge Shigeru Oda


Book Description

Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).







Judge Shigeru Oda


Book Description

Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).




Liber Amicorum Judge Shigeru Oda


Book Description

Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions. The print edition is available as a set of two volumes (9789041117908).




Liber Amicorum Judge Shigeru Oda (2 vols)


Book Description

Judge Shigeru Oda, having served since 1976 in three successive nine-year terms on the International Court of Justice, has helped to shape the Court's jurisprudence for over a quarter century. His influence on the law of the sea spans an even longer period, beginning with his doctoral dissertation at Yale Law school in the 1950s and continuing with his involvement in the First, Second and Third UN Conferences on the Law of the Sea. In a tribute to Judge Oda's significant contributions to international law, leading scholars on the law of the sea, international dispute settlement and the ICJ itself have produced a Festschrift in his honour that promises to be a standard reference work on these topics for years to come. This two volume work, containing over 95 articles, begins by examining the role of the international judge and the jurisdiction of international tribunals (including reservations to jurisdiction, the Optional Clause, the Special Agreement, and the power to indicate special measures). It contains a particularly lively debate regarding the proliferation of international tribunals and whether the potential for conflicting decisions is problematic or productive. Other areas of focus include the history and current development of the law of the sea; the first in-depth examination of the establishment and first decisions of the International Tribunal for the Law of the Sea; and the ICJ's treatment of the development, doctrines and sources of international law. Further sections are devoted to International Litigation as analysed by leading practitioners; Land and Maritime Boundaries, International Watercourses and Other Waters; and Defence, the Use of Force and the Law of Armed Conflict. The composition of the editorial team - Nisuke Ando of Kyoto, Edward McWhinney of Ottawa and Rüdiger Wolfrum of Heidelberg - reflects Judge Oda's truly international career and the extent to which his work has drawn from and contributed to diverse legal traditions.




Judge Shigeru Oda and the Path to Judicial Wisdom


Book Description

The present volume is the fourth in a series, "The Judges," which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a "resume "and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.




Asian Yearbook of International Law, Volume 9 (2000)


Book Description

The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is the first publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.




The Statute of the International Court of Justice


Book Description

The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.




The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea


Book Description

In The Contentious and Advisory Jurisdiction of the International Tribunal for the Law of the Sea, Miguel García García-Revillo offers an in-depth examination of all relevant facets of the jurisdiction of this important international judicial institution. Created by the United Nations Convention on the Law of the Sea, ITLOS plays an essential role not only in respect to the interpretation of this major international treaty but also to the contemporary law of the sea in general. The book covers both the contentious (ratione materiae, ratione personae, mainline, incidental, compulsory, not compulsory) and the advisory jurisdiction of ITLOS, which are analysed not only from a theoretical perspective but also in light of the own Tribunal's jurisprudence.




The International Court of Justice


Book Description

The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.