Max Planck Yearbook of UN Law, Volume 26 (2022)

Series: 

The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. Volume 26 of the UNYB features a special thematic forum on 'The International Court of Justice at 75: an Assessment'. In light of the recently concluded 75th anniversary of the Court's inaugral sitting, this edition of the UNYB features a curation of contributions that critically engage with and examine the work of the ICJ throughout these years. Additionally, a few select articles related to the general editorial scope of the UNYB (‘The Law and Practice of the United Nations’ or ‘Legal Issues Related to the Goals of the United Nations’) have been featured herein.

By concentrating on issues connected with the UN and its initiatives, the UNYB aims to facilitate an understanding of the changes the UN has been undergoing since its foundation. It also provides a forum in which the potential of international organizations to affect the future course of international law and relations can be examined and assessed. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.

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Erika de Wet is a Professor of International Law at the University of Graz, Austria.
Kathrin Maria Scherr is a Managing Director at the Max Planck Foundation for International Peace and the Rule of Law.
Sai Sathyanarayanan Venkatesh is the Managing Editor for the Max Planck Foundation for International Peace and Rule of Law (UNYB).
Founding Editors:
Jochen A. Frowein
Rüdiger Wolfrum

Editors-in-Chief:
Erika de Wet
Kathrin Maria Scherr

Managing Editor:
Sai Sathyanarayanan Venkatesh

Editorial Advisory Board E. Tendayi Achiume
Martha M. Bradley
Yifeng Chen
Charles C. Jalloh
Lauri Mälksoo
Phoebe Okowa
Federica Paddeu
Martins Paparinskis
Alexander Proelss
Omri Sender
Ntina Tzouvala
Margaretha Wewerinke-Singh Philippa Webb
Contents All the contributions featured within this volume have been alphabetically ordered based on the last names of the respective contributors

Notes on Contributors

Acknowledgement

Thematic Forum: ‘The International Court of Justice at 75: an Assessment’

Interview

In Conversation with Judge Hilary Charlesworth, Judge at the International Court of Justice

In Conversation with Philippe Gautier, Registrar of the International Court of Justice

In Conversation with Cristina Hoss, Legal Officer at the International Court of Justice

In Conversation with Judge Abdulqawi Ahmed Yusuf, Judge at the International Court of Justice

Thematic Articles

Opening the World Court to the International Community: An Empirical Analysis of Non-Party Participation in the International Court of Justice

Paula Wojcikiewicz Almeida and Giulia Tavares Romay

Pay No Attention To That Man Behind The Curtain: The Role of Civil Society and Other Actors in Decisions to Litigate at the International Court of Justice

Michael A. Becker Revisiting the Standard of Proof for Charges of Exceptional Gravity before the International Court of Justice

Amanda Bills

Is there a Role for Intervener States in Inducing Compliance with Decisions of the International Court of Justice?

Serena Forlati and Paula Wojcikiewicz Almeida

The Legitimacy of the International Court of Justice from the Vantage Point of UN Members

Zuzanna Godzimirska

The Application of Teachings by the International Court of Justice, 2016–2022

Sondre Torp Herlmersen

‘With a Steady Hand’: Precedent and the International Court of Justice

Gleider Hernández

The International Court of Justice and Territorial Disputes: An Updated Systematization

David Hongler

Counter-claims before the International Court of Justice: Incidental Yet Independent

Vladyslav Lanovoy

The Interpretative Practice of the International Court of Justice

Sotirios Lekkas, Panos Merkouris and Daniel Peat

Treating Evidence from Negotiations: the so-called Exclusionary Practice

Yishu Liu

Anatomy of a Judgment or: Why Aren’t You Reading Djibouti v. France?

Cameron Miles

Fact-Finding by Trade-off: Questions of Evidence and Its Interactions with Valuation in Compensation Cases before the International Court of Justice

Kei Nakajima

The Remedial Mechanisms of the International Court of Justice: Past and Present

Victor Stoica

Framing Environmental Disputes and Scientific Knowledge by the International Court of Justice: Past Developments and Current Trends

Katalin Sulyok

The Unprecedented Legal Effect of a Precedent: The Chagos Advisory Opinion in Light of the Mauritius/Maldives Judgment

Julio A. Tilloy

The ICJ and International Terrorism

Kimberly N. Trapp

Articles on the Law and Practise of the United Nations (General Section)

Gender Equality in the 2030 Agenda for Sustainable Development: The Missing Link Between Equal Pay and Unpaid Care and Domestic Work

Nina Cozzi

Peacekeeping in the Anthropocene: The Effects of Climate Change and Positive Human Rights Obligations in ‘Protection of Civilians’ Mandates

Philipp Janig, Jane A. Hofbauer and Christina Binder

Rule of Law and Human Rights: At the National and International Levels

Per Sevastik

The Invocation of Chapter VII in United Nations Security Council Resolutions: Qualification, Classification, and Legal Bindingness

Marko Svicevic

The ILC’s First Reading Draft Articles on ‘Immunity of State Officials from Foreign Criminal Jurisdiction’ (2022)

Michael Wood

Reports & Documents

Update on the Law & Practise of the United Nations

Statement by Mr. Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and United Nations Legal Counsel to the International Law Commission (2023)

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