Please contact our sales team for more information on prices and licensing.
Purchase short term access
Go to chapter: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Basic documents and Indexes
I.98 | The Registrar |
I.99 | Deputy-Registrar |
I.100 | Removal from Office |
I.101 | The Registry Staff |
I.101A | The Joint Inspection Unit and the Registry |
I.102 | Privileges and Immunities |
I.103 | The Instructions for the Registry |
I.104 | The Court's Publications |
I.105 | Relations with the Press |
I.105A | The Court's Museum |
vol
II.147 | The Concept of Dispute: Justiciability and Jurisdiction |
II.147A | Justiciability |
II.148 | Jurisdiction and Competence |
II.149 | The Meaning of Jurisdiction |
II.150 | Mutuality and Reciprocity as Elements of Jurisdiction |
II.151 | Jurisdiction and Propriety |
II.152 | The Concept of Essential Parties |
II.153 | Jurisdiction and the Seisin of the Court |
II.154 | The Consensual Basis of Jurisdiction |
II.155 | The Expression of Consent |
II.156 | The Temporal Factor in Jurisdiction |
II.157 | Consent by Conduct |
II.158 | Withdrawal of Consent |
II.159 | Jurisdiction to Decide ex aequo et bono |
II.160 | The non ultra petita Rule |
II.161 | Jurisdiction over Incidental Matters |
II.162 | Jurisdiction to Control Proceedings |
III.254 | The Basic Approach |
III.255 | The Statute and Rules of Court |
III.256 | The Function of the Proceedings |
III.257 | Evidence and the Burden of Proof |
III.258 | The Equality of the Parties |
III.259 | Terminology |
III.259A | Participation of Members of the Court in a Case |
III.260 | Ineligibility and Abstention of a Member of the Court in a Particular Case (Recusal) |
III.261 | The Composition of the Bench for a Particular Case |
III.262 | Chambers of the Court |
III.263 | Special Chambers |
III.264 | Ad hoc Chambers |
III.265 | The Chamber of Summary Procedure |
III.266 | The Concept of Judge ad hoc |
III.267 | The Right to Appoint a Judge ad hoc |
III.268 | Qualifications of Judge ad hoc |
III.269 | Parties in the Same Interest |
III.270 | The Problem of Imbalance |
III.271 | Non-Appointment of Judge ad hoc |
III.272 | Judge ad hoc in Intervention Cases |
III.273 | Judges ad hoc in Advisory Cases |
III.274 | The President of the Bench |
III.275 | Assessors |
III.276 | Experts Appointed by the Court |
III.277 | The Agent |
III.278 | The Agent's Functions |
III.279 | Time for the Appointment of the Agents |
III.280 | The Agent's Address for Service |
III.281 | A Party's Delegation |
III.282 | Counsel and Advocates |
III.282A | Eligibility to Be Member of a Delegation |
III.283 | Experts of the Parties |
III.284 | Witnesses Called by a Party |
III.285 | Representatives in Advisory Cases |
III.286 | Representatives: Privileges and Immunities |
III.287 | The Seising of the Court |
III.288 | The Requirement of Prior Diplomatic Negotiations |
III.289 | Requirement of Prior Attempt at Arbitration |
III.290 | The Exhaustion of Local Remedies |
III.290A | Exhaustion of Regional Processes |
III.291 | The Link of the Dispute with the Title of Jurisdiction |
III.292 | The Interest of the Applicant State |
III.293 | Methods of Instituting Proceedings |
III.294 | Notification of Institution of Proceedings |
III.295 | The Court's General List |
III.296 | The Title of the Case |
III.297 | Notification of Special Agreement |
III.298 | Application Instituting Proceedings |
III.298A | Amendment of Application |
III.299 | The Relations of the Litigating States |
III.300 | Institution of Incidental and Derivative Proceedings |
III.301 | The President's Consultations |
III.302 | Joinder of Cases and Hearing in Common |
III.303 | The Written Pleadings |
III.304 | Submissions in Written Pleadings |
III.305 | Counter-Claims |
III.305A | Counter-Claims: The Court's Law |
III.306 | Pleadings in Incidental Proceedings |
III.307 | Documents in Support |
III.307A | The Authenticity of Documents |
III.308 | Affidavits and Declarations |
III.309 | The Language of Written Pleadings |
III.310 | Correction of Errors in a Pleading |
III.311 | Confidentiality of Written Pleadings |
III.312 | The Order of the Written Pleadings |
III.312A | The Number of Written Pleadings |
III.313 | The Fixing of Time Limits |
III.314 | Case Ready for Hearing |
III.315 | New Documents: Rules, Article 56 |
III.316 | Costs |
III.317 | The Significance of the Oral Proceedings |
III.318 | Date of Oral Proceedings |
III.319 | Preparations in the Registry |
III.320 | The Hearing |
III.321 | Questions to the Parties |
III.322 | The Language of Oral Proceedings |
III.323 | Witnesses and Experts |
III.323A | Witnesses and Experts: Examination |
III.324 | Statute, Article 49: Obtaining Evidence by the Court |
III.325 | Experts Appointed by the Court: Statute, Article 50 |
III.326 | Witnesses Called by the Court |
III.327 | Submission of Evidence by a Third State |
III.328 | The Final Submissions |
III.329 | The Closure of the Hearing |
III.330 | Evaluation of Procedure |
III.331 | The Invocation of a Standing Chamber |
III.332 | The Invocation of an ad hoc Chamber |
III.333 | The Procedure in Chambers |
III.334 | The Judgment of a Chamber |
III.335 | Failure to Appear before the Court |
III.336 | Non-Appearance and Provisional Measures of Protection |
III.337 | Aspects of Procedure |
III.338 | The Resolution of the Institute of International Law |
III.339 | Statute, Article 41 |
III.339A | The Rules of Court |
III.340 | The Procedure |
III.341 | The Special Function of the President |
III.342 | The Time for the Request |
III.343 | Fresh Request |
III.344 | Urgency |
III.345 | The Duration of Provisional Measures |
III.346 | The Case Law |
III.347 | The Role of the Security Council |
III.347A | Possible Misuse of Provisional Measures Procedure |
III.355 | Introduction: Statute, Articles 62 and 63 |
III.356 | The Background |
III.357 | The San Francisco Conference |
III.358 | Interpretation of Articles 62 and 63 |
III.358A | Rules, Article 43 |
III.359 | Rules of Court 1922 to 1972 |
III.360 | Rules of Court (1978), Articles 81 to 86 |
III.361 | The Application of the Rules, Articles 81 - 86 |
III.362 | Jurisdiction Ratione Personae in Matters of Intervention |
III.363 | Jurisdiction Ratione Materiae in Matters of Intervention |
III.364 | The 'Incidental' Character of Intervention |
III.365 | The Link of Jurisdiction |
III.366 | The Non-Party Intervener |
III.367 | Intervention in ad hoc Chamber Proceedings |
>
III.394 | General Observations |
III.395 | Interpretation: Statute, Article 60 |
III.396 | 'Final and without Appeal' |
III.397 | Revision: Statute, Article 61 and Rules, Article 99 |
III.398 | Nature of the Practice |
III.399 | International Agreements |
III.400 | Agreements between a Government and a Private Concern |
III.401 | Contracts between Private Concerns |
III.402 | Unilateral Invocation of the Extrajudicial Function |
III.403 | Evaluation |
(page numbers in the index sections Table of Cases, Index of Names and General Index link to the top of the page in the printed edition)
It was a singular honour to be invited by Mr Alan Stephens (Shabtai Rosenne’s literary executor) and Mr Hans van der Meij (of Brill publishers) to revise Rosenne’s classic work on the International Court of Justice. Originally published in 1957 with the second edition in 1965, the third in 1997 and the fourth in 2006, it rapidly became established as the leading work on the court. Erudite, practical and thoughtful, it was avidly turned to by judges, practitioners, scholars and students alike. It is no secret that Rosenne himself was from time to time consulted by judges from the International Court seeking assistance with abstruse and complicated problems concerning the practice of the court.
Shabtai Rosenne was born in London on 24 November 1917. He served in the Royal Air Force from 1940 to 1946. He obtained an LLB from London University and qualified as a solicitor. After the war, he began working for the Jewish Agency and moved to mandatory Palestine in 1947. In 1948 he became the Legal Adviser to the Israeli Ministry of Foreign Affairs, a post he held until 1967. Thereafter, he served as Ambassador in the UN in New York and in Geneva and in various international organisations. His work in the Sixth (Legal) Committee of the UN General Assembly and in the UN International Law Commission, for example, were renowned. But it was not only as a highly distinguished Israeli lawyer and diplomat with unrivalled experience that Rosenne was known throughout the diplomatic and legal world. He was a truly formidable international lawyer and became an internationally acknowledged expert in, and great contributor to, for example, the law of treaties; the law of the sea (in which he participated in all the major UN conferences and with regard to which he was the General Editor of a highly influential multi-volume commentary on the UN Convention on the Law of the Sea); and, preeminently, of course, with regard to the International Court of Justice. But for Rosenne, law and practice went together and he acted for and advised a number of states as Counsel before the International and other Courts and Tribunals. These included the US in the ELSI and LaGrand cases, Serbia in the Genocide case and Japan in the Southern Bluefin Tuna case. He also advised in a number of international arbitrations.
Side by side with these achievements, Rosenne was a successful and thoughtful teacher. He gave lectures and was a Visiting Professor at numerous institutions around the world, including the Royal Naval College at Greenwich, and the universities of Cambridge, Utrecht, Amsterdam and Virginia. He gave the General Course on International Law at the Hague Academy of International Law and received many prestigious awards, including the Israel Prize (1960), the Certificate of Merit of the American Society of International Law for the second edition of this work (1968), the Manley O. Hudson Medal (1999), and the Hague Prize for International Law (2004). He was an honorary member of the Institut de Droit International, the American Society of International Law and the Hellenic Society of International Law.1 He passed away on 21 September 2010. Judge Owada, the then President of the International Court paid tribute to him on 11 October 2010 at the opening on the oral hearings in the Territorial and Maritime Dispute (Nicaragua v Colombia) case. He referred to Rosenne as “a truly distinguished international lawyer” and termed this work a “landmark treatise”, which remained “an indispensable guide to the role and functioning of this Court, and serves as the first port of call for international lawyers and diplomats alike who are interested in the work of the principal judicial organ of the United Nations”. A minute’s silence was held.2
Following in such footsteps is well nigh impossible and the decision was early taken to maintain as much of Rosenne’s distinctive voice, erudition and experience as possible. This edition is, therefore, essentially an updating and, where necessary, a revision of the previous edition compiled, it is hoped, with Rosenne’s rigorous objectives in mind. Accordingly, the structure of the fourth edition has been followed. I have, however, taken the liberty of somewhat increasing the number of footnote references to leading academic works, while retaining the primary focus upon the caselaw of the court itself.
The manuscript of this edition was submitted just prior to the seventieth anniversary of the establishment of the court, which added to the years of the preceding Permanent Court of International Justice, marks a total of 95 years of operation of this unique and exceptional repository of the hopes of succeeding generations, imbued with the vision of turning the swords of conflict into the ploughshares of a shared and peaceful future for humankind.
I have been fortunate in my efforts in having the energetic research assistance of Rumiana Yotova and Andrew Sanger, both now academics at the University of Cambridge. I am deeply grateful to them, nevertheless, all responsibility for this edition rests upon my shoulders. The closing date for the manuscript was 31 December 2015. I am also delighted to record my appreciation for all of the work put in by Brill Nijhoff, in particular by Marie Sheldon and Diana Steele.
Rosenne concluded his preface with a warm and understanding reference to his wife, Esther. I can do no less. Judith has been my rock and my muse for decades now, and I cherish every moment. Thank you!
Malcolm N. Shaw QC, April 2016.
Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge; and Practising Barrister, Essex Court Chambers, London
1. Much of the above has been taken from an obituary written by the present editor and published in The Guardian on 12 October 2010, https://www.theguardian.com/world/2010/oct/12/shabtai-rosenne-obituary.
2.CR/2010/12 at 10, https://www.icj-cij.org/docket/files/124/16130.pdf
1. Documents of the Permanent Court of International Justice are cited in accordance with their series number together with the year. They are all available on the website of the International Court of Justice. The series are:
A | Judgments |
B | Advisory Opinions |
A/B | Judgments, Orders and Advisory Opinions (since 1932) |
C | Pleadings |
D | Acts and Documents concerning the Organization of the Court |
E | Annual Reports of the Court |
F | General Indexes |
2. Documents of the International Court of Justice are cited as follows:
3. Documents of the League of Nations:
4. United Nations Documents:
5. Cross-references in this work are given to chapter (except where in the same chapter), section (the section number also indicating the volume) and (where relevant) note. In this online edition the cross reference are clickable
AD | Annual Digest and Reports of International Law Cases, 16 volumes (1919–1949). Continued as ILR (see below) |
adv. op. | advisory opinion |
AFDI | Annuaire français de droit international |
a.i. agenda item | |
AJIL | American Journal of International Law |
Annuaire IDI | Annuaire de l’ Institut de Droit International/Yearbook of the Institute of International Law |
BYIL | British Year Book of International Law |
CTS | Consolidated Treaty Series |
doc. | document |
Documents | Documents on the International Court of Justice/Documents relatifs à la Cour internationale de Justice (1st bilingual edition, Sh. Rosenne, ed. 1993) |
ECOSOC | Economic and Social Council |
Hudson, Permanent Court | M.O. Hudson, The Permanent Court of International Justice 1920–1942 (1943). |
Hudson, Tribunals | M.O. Hudson, International Tribunals, Past and Future (1944) |
ICJYB | International Court of Justice, Yearbook |
ICLQ | International and Comparative Law Quarterly |
ILCYB | Yearbook of the International Law Commission |
ILM | International Legal Materials |
ILR | International Law Reports |
Jenks, Prospects | C.W. Jenks. The Prospects of International Adjudication (1964) |
LN | League of Nations |
LN. Docs. | League of Nations, Documents concerning the action taken by the Council of the League of Nations under Article 14 of the Covenant and the adoption by the Assembly of the Statute of the Permanent Court (1921). |
LNOJ | League of Nations Official Journal |
LNTS | League of Nations, Treaty Series |
LPICT | The Law & Practice of International Courts and Tribunals (since 2002) |
Mimeo | mimeographed document |
OR | Official Records |
PCIJ, Documents | Documents presented to the [Advisory] Committee [of Jurists] relating to existing plans for the establishment of a Permanent Court of International Justice (1920) |
PCIJ, Procès-verbaux | Procès-verbaux of the Proceedings of the Committee, June 16th – July 24th 1920 (1920) |
prel. obj(s). | preliminary objection(s) |
prov. meas. | provisional measures |
RADI | Académie de Droit international/Academy of International Law, Recueil des Cours/Collected Courses |
RGDIP | Revue général de Droit international public |
RIAA | United Nations, Reports of International Arbitral Awards |
Rivista | Rivista di Diritto internazionale |
SC Repertoire | Repertoire of Practice of the Security Council, 1946–1951 and Supplements as follows: 1952–1955, 1956–1958, 1959–1963, 1964–1965, 1965–1968, 1969–1971, 1972–1974, 1975–1980, 1981–1984, continuing |
Sp. Sup. | Special Supplement |
von Stauffenberg, Statut | Institut für ausländisches Recht und Völkerrecht, Statut et règlement de la Cour permanente de Justice internationale: Eléments d’ Interprétation (B. Schenk Graf von Stauffenberg, ed. 1934). |
Stuyt, Survey | A.M. Stuyt, Survey of International Arbitrations 1794–1989 (third updated edition, 1990) |
Sup. | Supplement |
UNCIO | Documents of the United Nations Conference on International Organization (the San Francisco Conference, 1945) |
UNJYB | United Nations Juridical Yearbook |
UN Repertory | Repertory of Practice of United Nations Organs. 6 volumes to 1954, Sup. 1, 2 volumes to 1956, Sup. 2, 3 volumes to 1959, Sup. 3, 5 volumes 1959–1966, Sup. 4, 2 volumes 1966–1969, Sup. 5, 5 volumes 1970–1978, continuing |
UNTS | United Nations, Treaty Series |
ZaöRV | Zeitschrift für ausländisches öffentliches Recht und Völkerrecht |
As far as possible documents are cited by reference to their printed versions and official number. Most modern documents are available on an appropriate website. Treaties are cited bv reference to one of the standard treaty collections. Treaties that have been registered with the UN but not yet printed in the UNTS are cited by reference to their registration number. Decisions of the Permanent Court of International Justice, the International Court of Justice, the International Tribunal for the Law of the Sea and the two current ad hoc Criminal Tribunals are cited by reference to their official reports or to their website. Resolutions of standing organs of international organizations are taken from the Official Records or from the website.
The principal websites are as follows:
ICJ | www.icj-cij.org (also through the UN home page) |
ICTY | www.un.org/icty (also through the UN home page) |
ILC | www.un.org/law/ilc (also through the UN home page) |
ITLOS | www.itlos.org (English) www.tidm.org (French) (also through the UN home page) |
PCA | www.pca-cpa.org |
PCIJ | through the ICJ home page |
UN | www.un.org (in all the official languages) |
UNAT | United Nations Administrative Tribunal, through the UN home page |
Please contact our sales team for more information on prices and licensing.