Judge Shigeru Oda and the Progressive Development of International Law: Opinions (declarations, Separate Opinions, Dissents) on the International Court of Justice, 1976-1992

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Martinus Nijhoff Publishers, 1993年4月15日 - 666 頁
The present volume inaugurates a new series, "The Judges," which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the Judicial Opinions of Shigeru Oda, currently Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. An introductory essay examines the diverse educational and professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan and in the United States, through his subsequent professional career in universities and government service and at international academic-scientific and diplomatic reunions over the years. The study includes a "resume "and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.
 

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內容

OPENING REMARKS
1
The Japanese Science of Law and International
2
Interaction of the Academic University and Professional
18
Contemporary Jurisprudence of the International Court
29
Military and Paramilitary
44
Judicial Miscellany
66
vi Review of International Arbitral Awards
81
v The ProcedureSubstance Antimony
93
Military and Paramilitary Activities in and against
345
February 1982 in the Case concerning the Continental
442
EFFECT OF THE APPLICATION GIVEN TO THE VANDENBERG RESER
457
Honduras Constitution of Chamber Order of 8 May 1987
501
of the United Nations Headquarters Agreement
527
Reports 1990 pp 138144
579
Provisional Measures Order of 29 July 1991 I C J Reports
587
ii The United Nations Conferences on the Law of the Sea 1921
647

The Preliminary procedural question and the new
107
Bibliography of Principal ScientificLegal Publications of Shigeru Oda
119
Index
127
Continental Shelf TunisiaLibyan Arab Jamahiriya
158
Application for Review of Judgement No 273 of the United
296
THE LEGAL STATUS OF THE WATERS OF THE GULF OF FONSECA
656
THE TRUE LEGAL STATUS OF THE WATERS OF THE GULF
662
Biographical Note 667
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第 454 頁 - ... b. disputes with regard to matters which are essentially within the domestic jurisdiction of the United States of America as determined by the United States of America; or c. disputes arising under a multilateral treaty, unless ( 1 ) all parties to the treaty affected by the decision are also parties to the case before the Court, or (2) the United States of America specially agrees to jurisdiction...

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