[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-detail-43322-en":3,"doc-seo-43322-105":30,"detail-sidebar-cat-0-en-105":92},{"code":4,"msg":5,"data":6},0,"success",{"doc_id":7,"user_id":8,"nickname":9,"user_avatar":10,"doc_module":4,"category_id":11,"category_name":12,"doc_title":13,"doc_description":14,"doc_content":15,"file_id":16,"file_url":17,"file_type":18,"file_size":19,"view_count":20,"is_deleted":4,"is_public":21,"is_downloadable":21,"audit_status":21,"page_count":22,"language":23,"language_code":24,"site_id":25,"html_lang":24,"table_of_contents":26,"faqs":27,"seo_title":13,"seo_description":14,"update_tm":28,"read_time":29},43322,687197207057,"Sage","https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0",8,"Research & Report","The Development of International Law by the International Court of Justice","The Development of International Law by the International Court of Justice is an edited scholarly collection examining how international tribunals shape international law. It explores the legal status and influence of judicial “views” and evaluates the ICJ’s impact through “field studies” that trace relevant pronouncements, including those of the Permanent Court of International Justice. Originating from lectures at the University of Glasgow, the volume offers a balanced, evidence-based assessment of judicial influence on contemporary international legal development.","THE DEVELOPMENT OF INTERNATIONAL LAW BY THE INTERNATIONAL COURT OF JUSTICE  \nThis page intentionally left blank  \nThe Development of International Law by the International Court of Justice  \nEdited by  \nCHRISTIAN J TAMS AND JAMES SLOAN  \n1  \n3  \nGreat Clarendon Street, Oxford, OX2 6DP, United Kingdom  \nOxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © The several contributors, 2013  \nThe moral rights of the authors have been asserted First Edition published in 2013  \nImpression: 1  \nAll rights reserved. No part of this publication may be reproduced, stored ina retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above  \nYou must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland  \nPublished in the United States of America by Oxford University Press  \n198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available  \nLibrary of Congress Control Number: 2013937234 ISBN 978–0–19–965321–8  \nPrinted in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.  \nPreface  \nCourts apply and interpret law, and in applying and interpreting, they engage with it. By engaging, they advance views about the state of the law on the points in dispute. All this may seem obvious, but it raises important questions: What is the status of these judicial ‘views’? Do they influence the development of the law? If so, in what way, and to what extent? This book is an attempt to shed some light on these questions, and to evaluate the impact of one particular court, the International Court of Justice (ICJ), on the development of one particular legal order, international law.  \nThe theme is no doubt familiar, but the approach taken in this collection may be less so: the inquiry is organized in the form of ‘field studies’, surveying broadlydefined areas of international law and tracing the impact of ICJ pronouncements—and, where appropriate, those of the Permanent Court of International Justice—on their development. Taken together, these field studies offer readers a balanced and nuanced assessment of the Court’sinfluence on contemporary international law—a‘judicial impact assessment’, if you will, based on a broad sample of evidence.  \nThis book has its origins in a series of lectures delivered at the University of Glasgow in 2009/10, which have been revised for publication. The series was occasioned by the 75th anniversary of Hersch Lauterpacht’s The Development of International Law by the Permanent Court of International Justice (1934), later expanded to cover the work of the ICJ. The choice of title for this collection isnot meant to suggest that this book is in any way a successor to Lauterpacht’s work, the focus and approach of which is quite different. Instead we have chosen it as a small tribute to Lauterpacht’s lasting influence on many of the issues addressed in this book, as well as on the study of the ICJ more generally.  \nAs editors, we first and foremost would like to thank the scholars who generously accepted our invitation","cbCaimX0qOBXw0dY","https://ap.wps.com/l/cbCaimX0qOBXw0dY","pdf",3097172,5,1,429,"English","en",105,"# Prologue\n## General Introduction\n## The International Court of Justice as an ‘Agent’ of Legal Development?\n# The Law of Treaties\n## The Role of the International Court of Justice in the Development of the Contemporary Law of Treaties","[{\"question\":\"What central questions does the preface raise about the ICJ’s role in law-making?\",\"answer\":\"The preface asks about the status of judicial “views” and whether they influence the development of international law, including how and to what extent.\"},{\"question\":\"How does the book study the ICJ’s influence?\",\"answer\":\"It uses a “field studies” approach, surveying broadly defined areas of international law and tracing the impact of ICJ pronouncements, and where appropriate those of the Permanent Court of International Justice.\"},{\"question\":\"What is the origin and purpose of the collection?\",\"answer\":\"The collection developed from lectures delivered at the University of Glasgow in 2009/10, revised for publication, and it is presented as a tribute to Hersch Lauterpacht’s lasting influence while differing in focus and 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