《JUDICIAL SETTLEMENT OF INTERNATIONAL DISPUTES》求取 ⇩

Chapter Ⅰ. Contemporary Conceptions of the Role of International Judicial Settlement1

1. Changing national positions on third party, (and especially Court-based) disputes-settlement1

2. Ethnocentricity of "classical" international law institutions and processes like judicial settlement5

3. The influence of evolving national constitutional institutions and processes upon international judicial settlement8

Chapter Ⅱ. The Contemporary International Judicial Process. Law and Logic, and the"Law"/"TPolitics" Dichotomy16

1. Judicial Positivism and the limits of legal logic16

2. Competing theories of judicial interpretation. The judicial activism/judicial self-restraint continuum23

3. Preliminary and Merits jurisdiction27

4. Advisory Opinion jurisdiction29

5. Preliminary and Merits jurisdiction revisited33

6. The "law"/"politics" dichotomy, and the "political questions" exception to jurisdiction37

7. The Rules of Procedure, and the creative role of Court practice in their development46

Chapter Ⅲ. The Jurisdiction of the Full Court of the International Court, and the Special Chambers Gloss to Jurisdiction56

1. Compulsory jurisdiction under Article 36(2) of the Court Statute56

2. On "regionalism",and on an alleged "regional" bias in the Court's decisions62

3. The contemporary, Special Chambers gloss to Court jurisdiction73

Chapter Ⅳ. The Contemporary International Court as Independent, and as Representative Tribunal91

1. Judicial independence, and judicial "interest"91

2. Judicial representation: the nomination system for the International Court95

3. Elections to the International Court: changing trends in "regional" representation on the Court101

4."Regional" idiosyncrasies or gaps in the representative character of the International Court today106

5. On "politics" in the Court elections, and current, alleged "regional" biases in Court representation114

Chapter Ⅴ. A Contemporary, Operational Approach to Court Jurisdiction and Justiciability122

1. The new popularity of the International Court122

2. The "internationalising" of the institution of judicial settlement123

3. The "internationalising" of the International Court and its judges129

4. The International Court as sui generis institution133

5. The Court and "political questions"134

6. Operational indices as to justiciability in contemporary international law problem-situations137

a. The issue of timing137

b. The issue of fact-finding139

c. "Judge and Company": the issue of a constitutional separation-of-powers142

7. The new constitutional legitimacy of the International Court and of judicial law-making147

Conclusion: New Agenda, and New Client-States for the International Court147

Table of Principal Cases160

Appendices: Documents162

A. Covenant of the League of Nations. (1920),(Articles 12-15, Article 19)162

B. Charter of the United Nations. (1945),(Chapter XIV. Articles 92-96)165

C. Statute of the International Court of Justice167

D. U.N. General Assembly Resolution 44/23, 9 January 1990("United Nations Decade of International Law")184

Index186