The Gabcikovo-Nagymaros Judgment is among the most influential pronouncements of the International Court of Justice. While the Court took an unusual approach to settling this dispute, it also adopted important stances on a number of complex issues of sustainable development and delicate problems of 'general' international law. It significantly contributed to the elucidation and consolidation of many rules pertaining to the law of treaties, the law of international responsibility, and their mutual relationship. The Gabcikovo-Nagymaros Judgment and its Contribution to the Development of International Law offers a comprehensive analysis of both the management of this case and the substantive legal issues at stake. It also reappraises the Court's findings in light of subsequent developments in the international legal order, focusing on the role of the 'World Court' in fostering such developments.
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Gewebe-Einband
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Höhe: 244 mm
Breite: 164 mm
Dicke: 22 mm
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ISBN-13
978-90-04-42866-9 (9789004428669)
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Schweitzer Klassifikation
Serena Forlati, LLM (1993, Bruges), PhD (1998, Sapienza University of Rome), is Professor of International Law at the University of Ferrara. Among her research interests are the law of treaties and the international judicial function, specifically of the ICJ.
Makane Moise Mbengue is Professor of International Law at the Faculty Law of the University of Geneva and Affiliate Professor at Sciences Po Paris (School of Law). He acts as Counsel in disputes before the International Court of Justice.
Brian McGarry is Assistant Professor at Leiden University's Grotius Centre for International Legal Studies. His PhD, The theory and practice of intervention before the International Court of Justice, received the University of Geneva's 2019 prize for best thesis in law.
??List of Abbreviations
??Preface
Part 1: The Case
?1 The Gabcikovo-Nagymaros Case: a Personal Recollection
???Alain Pellet
?2 The Gabcikovo-Nagymaros Project: the Background of the Case
???Malgosia Fitzmaurice
?3 Canonical Cross-Referencing in the Making of the Law of International Responsibility
???Jean d'Aspremont
Part 2: The Law of Treaties
?4 Introduction to Part 2
???Laura Pineschi
?5 The Pacta Sunt Servanda Principle or the Limits of Interpretation: the Gabcikovo-Nagymaros Case Revisited
???Christina Binder and Jane A Hofbauer
?6 Termination of Treaties: the Contribution of the Gabcikovo-Nagymaros Judgment
???Panos Merkouris
Part 3: International Responsibility
?7 Introduction to Part 3
???Alessandra Gianelli
?8 The Relationship between the Law of Treaties and the Law of International Responsibility
???Serena Forlati
?9 Circumstances Precluding Wrongfulness
???Pierre Bodeau-Livinec
?10 Of Restoring Compliance, Lex Specialis and Intersecting Wrongs
???Loris Marotti and Paolo Palchetti
Part 4: The Law of Sustainable Development
?11 Introduction to Part 4
???Laurence Boisson de Chazournes
?12 On Sustainable Development: a Conversation with Judge Weeramantry
???Makane Moise Mbengue
?13 Vigilance and Prevention
???Leslie-Anne Duvic-Paoli
?14 Norms, Standards, and the Elusive Nomenclature of the Gabcikovo-Nagymaros Judgment
???Brian McGarry
?15 Concluding Remarks: the Legacy of a Landmark Case
???Attila Tanzi
??Bibliography
??Index
