The World Court Reference Guide and Case-Law Digest

Judgments, Advisory Opinions and Orders of the International Court of Justice (2001-2010) and Case-Law Digest (1992-2010)

Editor: Bimal Patel
This single-volume comprehensive and systematic overview of procedural and organizational aspects of the jurisprudence of the World Court covers the period from 2001 to 2010 and includes case-law digests from 1992 to 2010; it identifies analytical patterns on various procedural judicial and non-judicial matters for the first time. The volume offers: Statements of initial claims as well as counter-claims of the contentious cases; Summarized details of all orders as well as the duration of the oral and written proceedings; Summaries and headnotes, texts of the operative and final paragraphs of all judicial decisions, the composition of the Court and declarations and opinions of its Members; Systematic reference on Sources of Law; Coverage of the composition of the Litigation teams, and much more.
This work will be an indispensable reference tool for international and national judicial and quasi-judicial bodies, lawyers and law firms, and academicians alike. It will prove to be a very useful source for research on and analysis of the jurisprudence of the World Court.

Excerpt from the Foreword to this Volume by H. E. Judge Peter Tomka, President, ICJ:
“Mr Bimal Patel has assembled an impressive compilation of both institutions’ respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ’s recent activities, providing coverage up until 31 December 2010. Patel’s work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court’s docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court’s work.."
Restricted Access

E-Book:

EUR €318.00USD $425.00

Biographical Note

Bimal N. Patel, Ph.D., LLM, MA, BSc, is Director (Vice-Chancellor) of the Gujarat National Law University, Gujarat, India. He has research interests and published books, research papers, articles on International Law & International Organisations, International Courts and Tribunals, Indian State Practice on international law, Law of the Sea, Foreign Policy and International Law.

Review Quotes

Excerpts from the “Foreword” to this Volume, H. E. Judge Peter Tomka, President, ICJ :

“Mr Bimal Patel has assembled an impressive compilation of both institutions’ respective case load, spanning a period of 88 years; namely, from the inception of the PCIJ in 1922 to the ICJ’s recent activities, providing coverage up until 31 December 2010 … Patel’s work provides us with succinct but accurate freeze-framed accounts of the contentious and advisory proceedings that made their way from the Court’s docket into orders, advisory opinions and judgments, thereby presenting a completed puzzle of the Court’s work. This work should be of assistance to practitioners, scholars, international law students and any individuals commonly interested in the kind of legal issues that form the basis for litigation before the Court … The author should be commended for deploying considerable effort in compiling an impressive collection of data, which will undoubtedly be of assistance to anyone interested in the Court’s work and mandate, and especially to those interested in getting a glimpse into its inner workings and the individuals involved. This updated edition of such a valuable resource will no doubt maintain its status as a must-have for any good public international law library”.

REVIEWS OF THE WORLD COURT REFERENCE GUIDE (1922-2000)

“Essential purpose of this work is to give a comprehensive overview of all the contentious and advisory cases that have been dealt by (the PCIJ and the ICJ) ... provides precious information about the decisions in each particular case ... therefore an important and valuable research tool on the World Court’s activities since its establishment ... the author has indeed patiently gone through all of the pronouncements of the Court in order to comprehensively list the case-law found therein ... this vade mecum will grately enhance researchers’ efforts to locate these (legal) instruments in the judgments and opinions of the Court when they seek to understand why and how they have been referred to by the Court ...taken care to present the material in a simple, structured and user-friendly manner which further facilitates the task of any researcher ... meets all the main criteria of a standard reference guide and will serve various actors in the international legal community - judges, lawyers, governmental authorities, academics and historians - for many years to come ... would like to echo Judge Kooijmans’s observations ... ”a book which may be called monumental in more than one respect”. – in: African Yearbook of International Law (Vol. 10, 2002, published 2004)

“Offers the serious researcher an interesting and potentially powerful tool. The Guide presents in an accessible way a mountain of “official” information (of the Courts)... presents the procedural history of each case clearly and consistently, making it easy to draw comparisons or connections ... these listings (i.e. members of litigation teams) offer an intriguing little window on the international lawyer’s trade ... the admiring (or merely curious) can also use the Guide to plot points in the careers of many international legal notables ... the Guide could prove a valuable resource for planning and conducting study in many other areas ... could ease the planning and execution of many other interesting projects as well ...offers the serious researcher a detailed “roadmap” into the Courts’ Reports ... somewhat unusual and specialised book that can serve as a potential powerful and efficient research aid ... book worth having for serious students of the two World Courts or of the process and procedures of international adjudication.” – in: American Journal of International Law (vol. 97, 2003)

“A monumental work prepared with care and skill ... and a very useful tool for anyone interested in the work of the World Court ... provides a comprehensive overview of procedural aspects of the jurisprudence of both the PCIJ and the ICJ ...there is also a systematic reference to legal instruments, and the coverage of information on litigation teams ... fills an important gap in the reference materials for both the PCIJ and the ICJ ... an important reference tool for international and national judicial and quasi judicial bodies, legal advisors to government departments, and for other legal practitioners as well as for teachers of and researchers into international law ... very useful publication for any law library or a diplomatic office.” – in: Asian Yearbook of International Law (volume 9, 2000, Published 2004)

“Est plus classique, ce qui n’enlève rien à son utilité ... d’un inventaire des 200 affaires contentieuses et consultatives soumises à la Cour de La Haye entre sa création et le 31 décembre 2000 ... conscients du temps et de la peine que (de guide) leur épargneront, tous les chercheurs et tous les praticiens voueront certainement une grande reconnaissance à ... auteur pour s’être livre a ces travaux de bénédictin. “ – in: Annuaire Française de droit international (XLVIII - 2003, Publiée novembre 2003)

“A rich indexing addition to the literature on the work product of the two World Courts ... provides novel form of access to ... judicial dispositions in one volume. The gap filled by this book includes not only the procedural history of each case, but the people associated with its evolution and disposition ... all in an intuitive format ... brilliantly conceived research tool for any user in need of such detailed information ...thumbing through the Table of Contents and its Index quickly illustrates the utility of this handy reference guide to the work of the World Court (s). “ – in: ASIL News Letter UN 21 Interest Group (Issue 27, January 2003)

“An overview of all the case load of the Permanent Court of International Justice and the present International Court of Justice since 1922, the author’s contribution to the decade of international law … He so to speak ‘photographs’ the procedural history of each case from the institution of the proceedings to the final decision, indicating all the persons involved at each stage. This meets a gap in the reference materials for the International Court … . I often find it important to be able to see at a glance what a case was about, what the Court decided, and who were the personalities involved in every phase of a case, as judges and as agents and counsel. This book aims to meet that requirement … For the practitioner and for the student the most important parts of this book are the indexes to the Statute and the Rules of Court and the lists of treaties and other legal instruments cited … In this book Mr Patel decided to produce five separate indexes for the Rules of Court, for 1922 1931, 1931 1936, 1936 1946, 1946 1972 and 1972 to date. I agree with that approach which I think will be helpful to all who have need to refer to the Rules of Court at any given date.” – Shabtai Rosenne, “Foreword” to first volume

“A book which may be called monumental in more than one respect. The new Oxford dictionary gives as the meaning of “monumental”: great in importance, extent or size. The World Court Reference Guide is all three … it meets a gap in the reference materials for the International Court … And like other works of art this Reference Guide will withstand the years to come and shall be contemplated and scrutinised by a grateful public.” – Late Judge Pieter Kooijmans, ICJ (Inaugural address, 25 September 2002)

Table of contents

Foreword
Preface
Acknowledgements and a Note on Archival Research
A Brief Note about Nomenclature – “The Gulf”
List of Figures

Introduction
 The Islands – “A Pile of Rock”?
 Lesser Tunb
 Greater Tunb
 Abu Musa

1 Origins and Nature of the Dispute
 Qawásim Motivations for Settling in Lengeh
 Status and Extent of Independence of the Qawásim Rulers in Lengeh
 Relevance of the Qawásim Reign in Lengeh to the Disputed Islands

2 The Gulf Islands Dispute in Historical Perspective
 The Islands in Antiquity
 The Islands during the Sixteenth Through the Eighteenth Centuries
 Reliance on Historical Assumptions and Conjecture – from Antiquity to the Eighteenth Century
 The Emergence of “Critical Dates” in the Nineteenth and Twentieth Centuries
 The Events of the Nineteenth Century Prior to 1887
 The Events of 1887
 The Events of 1904
 The Events of (and Preceding) 1971
uae Protests since 1971
 Iran’s Stated Position

3 Modes of Acquisition and Effective Control of Territory
 General Rules under International Law
 Historical Consolidation of Title
 Geographical Considerations and the Doctrine of Contiguity
 Establishing Effective Control over Territory
 Other Relevant Concepts

4 The Pre-Sixteenth Century Period and the Existence of Historic Rights of Ownership
 Iranian Claims of Historic Rights of Ownership
 Challenges in Establishing the Iranian Claims
 Ancient or Historic Title over Territory under International Law
 Analysis of Iran’s Claim of Ancient or Historic Title
 Conclusions

5 The Kingdom of Hormuz, Its Conquest by Portugal in 1515 And Portugal’s Defeat at the Hands of Persia and Britain in 1622
 Were the Three Islands Territories of the Kingdom of Hormuz?
 In Conquering Hormuz, did Portugal Acquire Sovereignty over the Islands?
 Did Portugal Subsequently Cede the Islands to Persia?
 Did Persia Acquire Possession of the Islands through Conquest in 1622?
 Were the Kingdom of Hormuz or Portugal Sovereign over the Islands by Virtue of Geographical Considerations?
 Conclusions

6 The Early Seventeenth Century to the End of the Eighteenth Century: Were the Islands Still Terra Nullius?
 Recorded Sightings and Visits to the Islands
 Lack of Persian Sea Power
 Theories Underlying Persian Claims of Sovereignty
 Conclusions

7 The Seeds of Conflict: 1800 until 1887 – Effective Occupation
 Raising of the Persian Flag at the Island of Sirri in 1887
 Theoretical Framework for Asserting Acquisition of Title by Occupation
 Grounds for a Persian Claim of Occupation from 1800–1887
 Grounds for a Qawásim Claim of Occupation from 1800–1887
 Applicable Legal Doctrines
 Evidentiary Framework – Abu Musa
 Legal Analysis – Abu Musa
 Conclusions – Abu Musa
 Evidentiary Framework – The Tunbs
 Legal Analysis – The Tunbs
 Conclusions – Greater Tunb
 The Lesser Tunb
 Conclusions – Lesser Tunb

8 The Period 1887–1971: The Possible “Critical Dates” in the Sovereignty Dispute
 The Principle of the “Critical Date”
 Protest and Acquiescence
 Relevant Events Leading to the Possible Critical Dates
 The Events of 1887/8: Factual Background
 The Events of 1887/8: Is this the Critical Date of the Dispute?
 The “Flag Incident” of 1903/4: Factual Background
 The “Flag Incident” of 1903/4: Is This the Critical Date of the Dispute?
 Events Following the Critical Dates
 Conclusions

9 The mou Related to Abu Musa, the Seizure of the Tunbs by Iran on 30 November 1971 and Subsequent Events Up to the Present
 Relevant Historical Developments
 Legal Analysis – The Seizure of the Tunbs by Iran
 Legal Analysis – Abu Musa, Its Rightful Sovereign and the Legal Status and Effects of the mou
 Sovereign Ownership of Abu Musa Post – mou
 Legal Status of the mou under International Law
 Succession of the uae to the International Treaties of Sharjah
 Is the mou Null and Void Ab Initio for Having Been Procured by the Threat of Force?
 Unilateral Termination of the mou in the Absence of Breach
 Breach of the mou by Iran and Its Consequences
 Potential Role of the United Nations

10 Evidentiary Value of Maps in Sovereignty Disputes over Territory
 Evidentiary Value of Maps under International Law
 International Case Law
 Seventeenth and Eighteenth Century Maps Produced by the Dutch East India Company – An Early Window on the Islands
 Maps Relied on by Iran and Scholars Supporting Iran’s Claims of Sovereignty
 Assessment of the Evidentiary Value of the Maps Presented by Iran and Its Supporters

Bibliography
 Books and Chapters in Books
 Articles
 Other Sources
 Cases
 Treaties
 National Archives
Index

Readership

Practitioners, International Courts, Tribunals, Commissions, Organisations, International Law Firms, UN agencies and departments, Government departments dealing with international law, scholars, academicians

Information

Collection Information