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The International Court of Justice and its jurisdiction in contentious cases
Šindelková, Soňa ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee) ; Caban, Pavel (referee)
1 The International Court of Justice and its jurisdiction in contentious cases Abstract This doctoral thesis deals with jurisdiction of the International Court of Justice (hereinafter the " ICJ"") in contentious cases (or, in other words, its contentious jurisdiction). The ICJ works in the environment of international community in which the principle par in parem non habet imperium applies. Consequently, the ICJ's contentious jurisdiction is based on the consent of States parties to a dispute (principle of consent). The key questions dealt with in this thesis are the following ones. How does the law, practice of States and, in particular, jurisprudence of the ICJ cope with the specific features of the horizontal system of international law? Who can appear before the ICJ, and under what circumstances? More specifically, how does the ICJ adjudicate on its competence? What are the origins of the delimitation of the ICJ's jurisdiction and how has it evolved since hundred years ago? The contentious jurisdiction of the ICJ, the most important international court, is a legal concept of crucial importance. It originates and operates within certain frameworks such as historical, systemic and procedural. Its historical background and development are of particular relevance here. The mechanism was designed in 1921 and...
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