The Statute of the International Court of Justice

• Fully revised and updated new edition of the only article-by-article commentary on the founding Statute of the most important court in international law
• Commentary on each provision of the Statute is augmented by analysis of the relevant UN Charter provisions relating to the Court
• Draws parallels with other international courts and tribunals, giving a valuable in-depth understanding of the work of the International Court of Justice

New to this edition

• New chapters on counter-claims and evidentiary issues
• Fully revised and updated to take into account the recent case law of the court and new scholarship

Readership: Scholars, advanced students and practitioners specializing in international law and international relations; diplomats and government officials working in foreign legal affairs

Edited by Andreas Zimmermann, Professor of International Law, University of Potsdam, Karin Oellers-Frahm, Dr. iur., Senior Researcher (retired), Max Planck Institute for Comparative Public Law and International Law, Heidelberg., Christian Tomuschat, Professor Emeritus, Humboldt-University Berlin, and Christian J. Tams, Professor of International Law, University of Glasgow

Professor Dr. Andreas Zimmermann: Professor University of Potsdam and Director Potsdam Centre of Human Rights; Dr. jur. (Heidelberg), LL.M. (Harvard); former Member of the German delegation to the Preparatory Committee and the United Nations Diplomatic Conference on the Establishment of an International Criminal Court; member of the Permanent Court of Arbitration; counsel in various cases before the ICJ; judge ad hoc in various cases before the European Court of Human Rights; arbitrator under the annex to the Vienna Convention on the Law of Treaties; member of the advisory boards on UN issues and on public international law of the German Ministry of Foreign Affairs; inter alia 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).

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

Christian Tomuschat, born 23 July 1936 in Stettin (Germany). Professor of constitutional and international law in Bonn (1972-1995) and at Humboldt University Berlin (1995-2004). Member of UN Human Rights Committee (1977-1986) and of UN International Law Commission (1985-1996, President in 1992). Rapporteur on the situation of human rights in Guatemala for UN Commission on Human Rights (1990-1993) and co-ordinator of the Comisión para el esclarecimiento histórico in Guatemala (1997-1999). President of German Society of International law (1993-1997). Member, Institut de droit international (since 1997). 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 (admitted 2005) 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.

Review(s) from previous edition

"There is no doubt in our minds that this book is a standard work which anyone conducting research on the International Court of Justice will at least have to consult, if not actually cite. - The European Journal of INternational Law, Vol 18 no 5

"This volume is an important and valuable work. It presents a comprehensive analysis of the ICJ Statute and the related articles of the Charter, and includes a brilliant introductory essay on the Court's work. Any practitioner before the Court and any student of its workings should have the volume available." - Stephen Mathias, The American Journal of International Law

"It is a highly readable work of an indeed rare consistency in style, lucidity and transparency...Contributors and editors of this volume clearly have joined hands in making this book eminently accessible to all students of the law, diplomacy, and international affairs... its depth of learning and the richness of its commentaries itself stands out as fitting tribute to the Court's aspirations of universality." - Arthur Eyffinger, German Yearbook of International Law

"'Every now and then, amidst the daily routine of one's scholarly diet, one comes across a book that truly intrigues. Still, this occurs only too rarely with a publication of the kind and proportions of the one here under consideration. And yet, such is the delicate treat of this massive volume on the Statute of the ICJ which, it must be said, combines the best of the German organizing and British publishing traditions. Some fifty eminent scholars have contributed to its intellectual wealth, acclaimed experts from all over the world and household names to students of the Court's work nearly all of them. Quite a few illustrious names adorn its table of contents. Therefore, to start with, the three editors. their assistants and staff must be praised for their initiative, complimented with the infrastructure.'" - Arthur Eyffinger, German Yearbook of International Law

"'..highly impressive and extremely welcome volume..'" - Arthur Eyffinger, German Yearbook of International Law

"From Sir Robert Jennings' gem-like and trenchant general introduction to Wolfram Karl's concluding analysis of Articles 69 and 70 relating to amendments to the Statute, this massive commentary will immediately take its place as an invaluable tool for practicing international lawyers. An impressive roster of authors contribute a profound understanding of each Article of the Statute. Their systematic approach is more than commendable; as readers quickly become used to the sensible and consistent organisation of this rich resource, they are likely to make it their first port of call when considering strategic issues of process not only before the ICJ, but indeed before other international adjudicatory bodies." - Jan Paulsson, President, World Bank Administrative Tribunal; President, London Court of International Arbitration; Head of the Public International Law Section of Freshfields Bruckhaus Deringer, Paris

"This invaluable commentary on the Statute of the Court is a worthy companion to Judge Simma's Commentary on the Charter of the United Nations. It is a book which no practitioner of international law or scholar of international dispute resolution can afford to be without." - Professor Christopher Greenwood CMG QC, Essex Court Chambers and the London School of Economics

"A valuable work of reference, indispensable to Government Departments of States dealing with inter-state disputes and to lawyers specializing in international litigation. The reader will find within the volume a wealth of information relating to the different aspects of the Court, and in particular, a searching analysis of the Articles of the Statute, amply supported by references to the Court's practice and other relevant materials. The volume will be welcomed by all those who are interested in the International Court of Justice." - Shi Jiuyong, Judge and former President of the International Court of Justice

"The editors of this dense volume have produced the first complete commentary on the Statute of the International Court of Justice. It is above all the publication's impressive treatment of the prolific practice and procedure of the Court that will make it an indispensable reference on all procedural issues of international jurisdiction. The extensive description of the ICJ's activities since 1946 and the analysis of the principal case-law are also highly welcome. The other sections, such as the summaries on the jurisdiction of the Permanent International Court of Justice of the League of Nations (PCIJ), other forms of international dispute settlement and the Court's relationship to other international tribunals, are equally persuasive. This comprehensive commentary is sure to become essential reading for international lawyers, government agents and scholars." - Dr. Thomas Läufer, Legal Adviser and Head of the Legal Directorate-General, Federal Foreign Offic

"The dynamism, diversity of viewpoints, close examination of the statutory provisions of the Court with reference to the case-law, practicality of the contents and intensity of the analysis, all characterizing this collection, make it an outstanding reference book for international law libraries and for all interested in the subject of international law, academic or practitioner alike, including future agents, counsel and experts." - Bing Bing Jia, Chinese Journal of International Law

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