The World Court reference guide and case-law digest : judgments, advisory opinions and orders of the International Court of Justice (2001-2010) and case-law digest (1992-2010)

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The World Court reference guide and case-law digest : judgments, advisory opinions and orders of the International Court of Justice (2001-2010) and case-law digest (1992-2010)

compiled and edited by Bimal N. Patel ; editorial assistants, Param Pandya ... [et al.]

Brill, Nijhoff, 2014

  • : hbk

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注記

Editorial assistants: Param Pandya, Varun Chauhan, Kanaiya Thaker, Vijay Vaghela

Includes indexes

内容説明・目次

内容説明

This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Systematic reference on Sources of Law; Coverage of the composition of the Litigation teams, and much more. This work will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court. Excerpt from the Foreword to this Volume by H. E. Judge Peter Tomka, President, ICJ: "Mr Bimal Patel has assembled an impressive compilation of both institutions' respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ's recent activities, providing coverage up until 31 December 2010. Patel's work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court's docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court's work.."

目次

Foreword Preface Acknowledgements and a Note on Archival Research A Brief Note about Nomenclature - "The Gulf" List of Figures Introduction The Islands - "A Pile of Rock"? Lesser Tunb Greater Tunb Abu Musa 1 Origins and Nature of the Dispute Qawasim Motivations for Settling in Lengeh Status and Extent of Independence of the Qawasim Rulers in Lengeh Relevance of the Qawasim Reign in Lengeh to the Disputed Islands 2 The Gulf Islands Dispute in Historical Perspective The Islands in Antiquity The Islands during the Sixteenth Through the Eighteenth Centuries Reliance on Historical Assumptions and Conjecture - from Antiquity to the Eighteenth Century The Emergence of "Critical Dates" in the Nineteenth and Twentieth Centuries The Events of the Nineteenth Century Prior to 1887 The Events of 1887 The Events of 1904 The Events of (and Preceding) 1971 uae Protests since 1971 Iran's Stated Position 3 Modes of Acquisition and Effective Control of Territory General Rules under International Law Historical Consolidation of Title Geographical Considerations and the Doctrine of Contiguity Establishing Effective Control over Territory Other Relevant Concepts 4 The Pre-Sixteenth Century Period and the Existence of Historic Rights of Ownership Iranian Claims of Historic Rights of Ownership Challenges in Establishing the Iranian Claims Ancient or Historic Title over Territory under International Law Analysis of Iran's Claim of Ancient or Historic Title Conclusions 5 The Kingdom of Hormuz, Its Conquest by Portugal in 1515 And Portugal's Defeat at the Hands of Persia and Britain in 1622 Were the Three Islands Territories of the Kingdom of Hormuz? In Conquering Hormuz, did Portugal Acquire Sovereignty over the Islands? Did Portugal Subsequently Cede the Islands to Persia? Did Persia Acquire Possession of the Islands through Conquest in 1622? Were the Kingdom of Hormuz or Portugal Sovereign over the Islands by Virtue of Geographical Considerations? Conclusions 6 The Early Seventeenth Century to the End of the Eighteenth Century: Were the Islands Still Terra Nullius? Recorded Sightings and Visits to the Islands Lack of Persian Sea Power Theories Underlying Persian Claims of Sovereignty Conclusions 7 The Seeds of Conflict: 1800 until 1887 - Effective Occupation Raising of the Persian Flag at the Island of Sirri in 1887 Theoretical Framework for Asserting Acquisition of Title by Occupation Grounds for a Persian Claim of Occupation from 1800-1887 Grounds for a Qawasim Claim of Occupation from 1800-1887 Applicable Legal Doctrines Evidentiary Framework - Abu Musa Legal Analysis - Abu Musa Conclusions - Abu Musa Evidentiary Framework - The Tunbs Legal Analysis - The Tunbs Conclusions - Greater Tunb The Lesser Tunb Conclusions - Lesser Tunb 8 The Period 1887-1971: The Possible "Critical Dates" in the Sovereignty Dispute The Principle of the "Critical Date" Protest and Acquiescence Relevant Events Leading to the Possible Critical Dates The Events of 1887/8: Factual Background The Events of 1887/8: Is this the Critical Date of the Dispute? The "Flag Incident" of 1903/4: Factual Background The "Flag Incident" of 1903/4: Is This the Critical Date of the Dispute? Events Following the Critical Dates Conclusions 9 The mou Related to Abu Musa, the Seizure of the Tunbs by Iran on 30 November 1971 and Subsequent Events Up to the Present Relevant Historical Developments Legal Analysis - The Seizure of the Tunbs by Iran Legal Analysis - Abu Musa, Its Rightful Sovereign and the Legal Status and Effects of the mou Sovereign Ownership of Abu Musa Post - mou Legal Status of the mou under International Law Succession of the uae to the International Treaties of Sharjah Is the mou Null and Void Ab Initio for Having Been Procured by the Threat of Force? Unilateral Termination of the mou in the Absence of Breach Breach of the mou by Iran and Its Consequences Potential Role of the United Nations 10 Evidentiary Value of Maps in Sovereignty Disputes over Territory Evidentiary Value of Maps under International Law International Case Law Seventeenth and Eighteenth Century Maps Produced by the Dutch East India Company - An Early Window on the Islands Maps Relied on by Iran and Scholars Supporting Iran's Claims of Sovereignty Assessment of the Evidentiary Value of the Maps Presented by Iran and Its Supporters Bibliography Books and Chapters in Books Articles Other Sources Cases Treaties National Archives Index

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