LEADER 04230nam 2200553Ia 450 001 9910438062203321 005 20200520144314.0 010 $a1-299-40752-8 010 $a90-6704-894-1 024 7 $a10.1007/978-90-6704-894-1 035 $a(CKB)2550000001018201 035 $a(EBL)1083507 035 $a(OCoLC)904402761 035 $a(SSID)ssj0000879126 035 $a(PQKBManifestationID)11546404 035 $a(PQKBTitleCode)TC0000879126 035 $a(PQKBWorkID)10837432 035 $a(PQKB)10478097 035 $a(DE-He213)978-90-6704-894-1 035 $a(MiAaPQ)EBC1083507 035 $a(PPN)169141667 035 $a(EXLCZ)992550000001018201 100 $a20120910d2013 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 00$aInternational courts and the development of international law $eessays in honour of Tullio Treves /$fNerina Boschiero ... [et al.], editors 205 $a1st ed. 2013. 210 $aNew York $cSpringer Berlin Heidelberg$d2013 215 $a1 online resource (948 p.) 300 $aDescription based upon print version of record. 311 $a90-6704-893-3 327 $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.-. 330 $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. 606 $aInternational law 606 $aInternational courts 615 0$aInternational law. 615 0$aInternational courts. 676 $a300 701 $aBoschiero$b Nerina$0258140 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910438062203321 996 $aInternational courts and the development of international law$94187486 997 $aUNINA