The Development of International Law by the International Court

Preface; Table of cases; Part I. The Law Behind the Cases: 1. The international court as an agency for developing international law; 2. The occasions for and the substance of judicial pronouncements; 3. The reasons behind the cases; 4. Judicial technique and the development of the law; Part II. Judicial Caution: 5. Manifestations of judicial caution; 6. Judicial restraint. The jurisdiction of the court; 7. Judicial hesitation. Preparatory work in the interpretation of treaties; 8. Appearance of judicial indecision; Part III. Judicial legislation; Introduction; 9. Judicial legislation through application of general principles of law; 10. Judicial legislation by reference to parallel developments in international law; 11. Judicial legislation on account of of absence of generally accepted law; 12. Judicial legislation and the jurisdiction of the court; 13. Judicial legislation and adjudication ex aequo et bono; Part IV. The Effectiveness of the Law: 14. The principle of effectiveness and the function of interpretation; 15. Effectiveness and finality of international settlement and adjudication; 16. Effectiveness of provisions conferring jurisdiction; 17. Effectiveness of equality clauses; 18. Effectiveness of international institutions and international organisation; 19. The limits of the principle of effectiveness; Part V. The Court and State Sovereignty; Section 1. Restraints upon Claims of Sovereignty: 20. In general; 21. The province of treaties; 22. State responsibility and the claims of sovereignty; 23. Wider aspects of sovereignty; 24. Conclusions; Section 2. Recognition of Claims of Sovereignty: 25. In general; 26. Problems of jurisdiction; 27. Sovereign freedom of action; 28. State sovereignty and customary international law; 29. Conclusion; Index.