The United States and Yhe World Court as a "Supreme Court of the Nations": Dreams, Illusions and DisillusionMartinus Nijhoff Publishers, 20.02.1996 - 506 Seiten The hope that international adjudication will some day come to replace international aggression has long been a fond aspiration of mankind, and nowhere, perhaps, has it taken firmer root than in the United States. The U.S. Supreme Court has been held up as a model for the successful adjudication of interstate disputes and for the evolution of a body of revered legal norms. Yet America's own record "vis-a-vis" international adjudication and the International Court has been marked by ambivalence and a sharp dichotomy between rhetoric and deeds. Integrating legal and historical materials and insights, Professor Pomerance examines in this volume the troubled saga of the U.S. pursuit of the Supreme Court of the Nations' idea, from its early pre-World War I origins through the present post-"Nicaragua" period of U.S. reserve, disillusionment and reassessment. Spurning a morality-play' interpretive mold, the author pays particular attention to recurrent themes and the roots of their recurrence; the specific cadences and nuances in the grand' and lesser U.S. debates on the Court; the continuities and changes in "both" partners of the U.S.-Court relationship; and the various prisms through which that relationship might be viewed. In this manner, the important contemporary debate on the future contours of the U.S.-Court nexus is sharply illuminated. |
Inhalt
INTRODUCTION | 1 |
THE U S ROLE | 139 |
U S ACCEPTANCE OF THE OPTIONAL | 206 |
TERMINATION | 333 |
APPENDICES | 439 |
U S Termination of Optional Clause | 449 |
477 | |
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Häufige Begriffe und Wortgruppen
1960 Senate Hearings Administration adopted Advisory Function advisory jurisdiction advisory opinions AJIL American Bar Association American Journal American Society arbitration treaties Article Assembly Bricker Amendment Chap Charter cited codification comments of Senator Committee of Jurists Congressional Record Connally Amendment Connally reservation consent Court of International Court of Justice Court's compulsory jurisdiction debates decision domestic jurisdiction draft Elihu Root Foreign Relations Committee FRUS Hackworth Hague Peace Conferences Hudson Ibid ICJ Reports infra International Court International Disputes International Justice International Law international organizations interpretation issue Jessup Journal of International judges judgment Judicial Settlement judicialists League of Nations matter Monroe Doctrine Nicaragua parties Pcdgs Permanent Court PFPP political President pro-Court Proceedings proposal provision question repeal resolution role Security Council self-judging Senate Foreign Relations Settlement of International Soviet statement Statute supra Supreme Court tribunal U.S. Declaration U.S. Delegation U.S. Supreme Court UN Charter UNCIO Documents United Nations Vandenberg vote World Court
Verweise auf dieses Buch
The International Court of Justice and Judicial Review: A Study of the Court ... Kaiyan Homi Kaikobad Keine Leseprobe verfügbar - 2000 |