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008			130321s2013 ne | s |||| 0|eng d
020			_a9789067048941 _9978-90-6704-894-1
024	7		_a10.1007/978-90-6704-894-1 _2doi
050		4	_aK3236-3268.5
072		7	_aJPVH _2bicssc
072		7	_aLAW051000 _2bisacsh
082	0	4	_a341.48 _223
245	1	0	_aInternational Courts and the Development of International Law _h[electronic resource] : _bEssays in Honour of Tullio Treves / _cedited by Nerina Boschiero, Tullio Scovazzi, Cesare Pitea, Chiara Ragni.
264		1	_aThe Hague, The Netherlands : _bT. M. C. Asser Press : _bImprint: T.M.C. Asser Press, _c2013.
300			_aXXXIX, 951 p. _bonline resource.
336			_atext _btxt _2rdacontent
337			_acomputer _bc _2rdamedia
338			_aonline resource _bcr _2rdacarrier
347			_atext file _bPDF _2rda
505	0		_aPersonal Perspective -- General Aspect -- International Cours: Jurisdiction and Procedure -- Law of the Sea -- Environmental Law -- Human Rights -- International Crimes -- International Economic Law -- Private International Law -- European Union Law.-.
520			_aThis book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
650		0	_aLaw.
650		0	_aPrivate international law.
650		0	_aConflict of laws.
650		0	_aInternational law.
650		0	_aComparative law.
650		0	_aPublic international law.
650		0	_aHuman rights.
650		0	_aTrade.
650		0	_aLaw of the sea.
650		0	_aInternational environmental law.
650	1	4	_aLaw.
650	2	4	_aHuman Rights.
650	2	4	_aLaw of the Sea, Air and Outer Space.
650	2	4	_aInternational Environmental Law.
650	2	4	_aInternational Economic Law, Trade Law.
650	2	4	_aPublic International Law.
650	2	4	_aPrivate International Law, International & Foreign Law, Comparative Law.
700	1		_aBoschiero, Nerina. _eeditor.
700	1		_aScovazzi, Tullio. _eeditor.
700	1		_aPitea, Cesare. _eeditor.
700	1		_aRagni, Chiara. _eeditor.
710	2		_aSpringerLink (Online service)
773	0		_tSpringer eBooks
776	0	8	_iPrinted edition: _z9789067048934
856	4	0	_uhttp://dx.doi.org/10.1007/978-90-6704-894-1
912			_aZDB-2-SHU
942			_2Dewey Decimal Classification _ceBooks
999			_c48288 _d48288