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Tracing out the history of coming into existence of the International Court of Justice in its present form, the author has given a well-documented meaning and development of Compulsory Jurisdiction of the Court. He has very well analysed the limitation put on this judicial organ by the optional clause contained in the conferment of compulsory jurisdiction.
The bibliography is imposing and the author has brought together the opinions of almost all the writers on the subject of International Law, with his own comments, in a proper sequence to give a complete picture.
About Author :
R P Anand Professor Emeritus at present in the Division of International Legal Studies of the Jawaharlal Nehru University in New Delhi, India. Professor Anand retired from the University in 1998 after serving there for nearly 33 years as Professor and Head of that Division. Anand is a well-known scholar in the field of international law and widely recognized as a spokesman of the Third World views on the subject. One of the two Indian elected members of the Institute de Droit International at present, Professor Anand has been recipient of a number of awards and honours in the field, visiting scholar in several universities and institutes of higher learning in the United States and Europe, Lecturer at the Hague Academy of International Law, UGC National Lecturer in Law in India, and has served as Legal Consultant to the UN Secretary-General on Law of the Sea. Author or Editor of 20 books, Professor Anand has published more than one hundred articles in professional journals in Canada, Europe, India, Japan and the United States.
Contents :
Contents
Foreword
Preface
Acknowledgements
I. Introduction
1. How the Court came into Being
II. Compulsory Jurisdiction: Its Meaning and Development
1. Its Meaning
2. Development of Compulsory Jurisdiction up-to Second World War
3. Development of Compulsory Jurisdiction after Second World War
4. Reasons for not accepting General Compulsory Jurisdiction
5. Judicial Settlement and the Charter
6. General Feeling towards Compulsory Jurisdiction
7. Present Position of the Compulsory Jurisdiction
III. General Objections to the Compulsory Jurisdiction
1. Codification and Acceptance of the Court`s Jurisdiction-"Gaps" in International Law
2. Uncertain and Ambiguous Nature of Law
3. The Absence of an International Legislature
4. Justiciable and Non-Justiciable Disputes
5. Absence of Execution Machinery
6. Impartiality of the International Court
IV. Jurisdiction Under Article 36 Paragraphs I
1. Consensual Basis of Jurisdiction
2. Multiplicity of Sources of Jurisdiction
3. Jurisdiction to Decide Ex Aequo et Bono
4. "Matters specially provided for in the Charter"
5. Treaties and Conventions in Force
V. Jurisdiction Under Articles 36 Paragraphs 2 Optical Clause
1. Optional Clause
2. Nature of Bond under the Optional Clause
3. State` Capacity to Accept the Compulsory Jurisdiction
4. Entry into Force of Declarations
5. Forms of Declarations
6. Reciprocity
7. Legal Disputes
8. Classification of Disputes
9. Time Limit
VI. Reservations in the Declarations Accepting Compulsory Jurisdiction
1. Competence to make Reservations
2. Some Common and Important Reservations
VII. Attitude of States Towards the Court
1. Contraction of the Sphere of Compulsory Jurisdiction
2. Attitude of India
3. Defects of the Optional Clause
VIII. Compulsory Jurisdiction under Other Provisions of the Status
1. Jurisdiction to Determine Jurisdiction
2. Compulsory Jurisdiction through Advisory Opinions
3. Compulsory Jurisdiction under Articles 62 and 63
4. Counter-Claim
IX. Conclusion
Epilogue
Appendix
Selected Bibliography
Index ISBN - 9788178711362
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Pages : 364
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