The Statute of the International Court of Justice A Commentary

The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions ofthe Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute.The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work.In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues.The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

Andreas Zimmermann is Professor at the University of Potsdam and Director of the Potsdam Centre of Human Rights. He is a former Member of the German delegation to the Preparatory Committee and the United Nations Diplomatic Conference on the Establishment of an International Criminal Court, and a member of the Permanent Court of Arbitration. He is co-editor of The Statute of the International Court of Justice - A Commentary' (Oxford University Press, 2006) and editor of the The 1951 Convention on the Status of refugees and its 1967 Protocol - A Commentary (Oxford University Press, 2011).

Karin Oellers-Frahm is a Senior Researcher (retired) at the Max Planck Institute for Comparative Public Law and International Law, Heidelberg.

Christian Tomuschat is former Professor of Constitutional and International law in Bonn and at Humboldt University Berlin. He was a Member of UN Human Rights Committee, the UN International Law Commission,and Rapporteur on the situation of human rights in Guatemala for UN Commission on Human Rights. Professor Tomuschat was President of German Society of International law, is a Member of the Institut de droit international and is Counsel for German Government in proceedings before the International Court of Justice and the European Court of Human Rights.

Christian J. Tams is Professor of International Law at the University of Glasgow (U.K.). He is a qualified lawyer in Germany and holds LL.M. and Ph.D. degrees from the University of Cambridge. His research in international law focuses on investment protection, the role of international courts and tribunals, and the law of State responsibility. In addition to his academic work, he has advised states in proceedings before the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS). He is a member of the German Court of Arbitration for Sports and of the ILA Committee on the Use of Force, and has held visiting appointments at universities in China, France and Lithuania.

Abbreviations
List of Authors
General Bibliography
Table of Cases I-ICJ
Table of Cases II-PCIJ
Table of Cases III-Other Bodies
PART ONE: INTRODUCTION
General Introduction, Sir Robert Jennings/Dame Rosalyn Higgins
Historical Introduction, Ole Spiermann
PART TWO: RELEVANT PROVISIONS OF THE UN CHARTER
Article 2, para. 3 UN Charter, Christian J. Tams
Article 7 UN Charter, Vera Gowlland Debbas
Article 33 UN Charter, Christian Tomuschat
Article 36 UN Charter, Thomas Giegerich
Article 92 UN Charter, Karin Oellers-Frahm
Article 93 UN Charter, Karin Oellers-Frahm
Article 94 UN Charter, Karin Oellers-Frahm
Article 95 UN Charter, Karin Oellers-Frahm
Article 96 UN Charter, Karin Oellers-Frahm
PART THREE: STATUTE OF THE INTERNATIONAL COURT OF JUSTICE
Article 1, Vera Gowlland Debbas
Chapter I. Organization of the Court
Article 2, Mariano Aznar Gomez
Article 3, Mariano Aznar Gomez
Article 4, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin
Article 5, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin
Article 6, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin
Article 7, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin
Article 8, Patricia Georget/Judge Vladimir Golitsyn/Ralph Zacklin
Article 9, Bardo Fassbender
Article 10, Bardo Fassbender
Article 11, Bardo Fassbender
Article 12, Bardo Fassbender
Article 13, John Dugard
Article 14, John Dugard
Article 15, John Dugard
Article 16, Philippe Couvreur
Article 17, Philippe Couvreur
Article 18, David Anderson/Samuel Wordsworth
Article 19, David Anderson/Samuel Wordsworth
Article 20, Daniel Erasmus Khan
Article 21, Malcom Shaw
Article 22, Malcom Shaw
Article 23, Stefan Talmon
Article 24, Sir Robert Jennings/Philippe Couvreur
Article 25, Paolo Palchetti
Article 26, Paolo Palchetti
Article 27, Paolo Palchetti
Article 28, Paolo Palchetti
Article 29, Paolo Palchetti
Article 30, Hugh Thirlway
Article 31, Pieter Hendrik Kooijmans
Article 32, Carlos Esposito Massicci
Article 33, Carlos Esposito Massicci
Relationship with Other International Courts and Tribunals, Giorgio Gaja
Chapter II. Competence of the Court
Article 34, Pierre-Marie Dupuy
Article 35, Andreas Zimmermann
Article 36, Christian Tomuschat
Article 37, Judge Bruno Simma/Daphne Richemond
Article 38, Alain Pellet
General Principles of Procedural Law, Robert Kolb
Chapter III. Procedure
Article 39, Marcelo Kohen
Article 40, Sienho Yee
Counter-Claims, Sean D. Murphy
Article 41, Karin Oeller-Frahm
Article 42, Sir Franklin Berman
Article 43, Stefan Talmon
Article 44, Christian Walter
Article 45, Sienho Yee
Article 46, Sabine von Schorlemmer
Article 47, Sabine von Schorlemmer
Article 48, Santiago Torres Bernardez
Evidentiary Issues, Markus Benzing
Article 49, Christian J. Tams
Article 50, Christian J. Tams
Article 51, Christian J. Tams
Article 52, Christian J. Tams
Article 53, Hans von Mangoldt/Andreas Zimmermann
Article 54, Bardo Fassbender
Article 55, Bardo Fassbender
Article 56, Lori Damrosch
Article 57, Rainer Hofmann/Tilman Laubner
Article 58, Daniel Erasmus Khan
Article 59, Chester Brown
Discontinuation and Withdrawal, Gerhard Wegen
Article 60, Andreas Zimmermann/Tobias Thienel
Article 61, Andreas Zimmermann/Robin Geiss
Article 62, Christine Chinkin
Article 63, Christine Chinkin
Article 64, Carlos Esposito Massicci
Chapter IV. Advisory Opinions
Article 65, Jochen Abr. Frowein/Karin Oellers-Frahm
Article 66, Andreas Paulus
Article 67, Andreas Paulus
Article 68, Judge Jean Pierre Cot
Chapter V. Amendment
Article 69, Wolfram Karl
Article 70, Wolfram Karl
Appendix 1: Statute of the International Court of Justice
Appendix 2: Rules of Court
Index