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Contents: 1. Introduction -- (A) Theoretical Approaches to the Assertion of Jurisdiction: 2. Jurisdiction: The State / Frank Berman -- 3. New Wine in Old Bottles or Old Wine in New Bottles or Only Old Wine in Old Bottles? Reflections on the Assertion of Jurisdiction in Public International Law / Iain Scobbie -- 4. The Exercise of Jurisdiction in Private International Law / Jonathan Hill -- (B) Approaches to the Assertion of Jurisdiction Political Bodies: 5. National Law,International Law and EU Law - How do they Relate? / Trevor Hartley -- 6. The Member States' Competence and Jurisdiction under the EU/EC Treaties / Stephen Hyett -- 7. Competition Law in a Globalized Marketplace: Beyond Jurisdiction / Brenda Sufrin -- 8. The Jurisdiction of the Security Council: Original Intention and New World Order(s) / Colin Warbrick -- 9. Jurisdiction, NATO and the Kosovo Conflict / Christopher Greenwood -- (C) Approaches to the Assertion of Jurisdiction by Adjudicative Bodies: 10. Approaches of Domestic Courts to the Assertion of International Jurisdiction / Hazel Fox -- 11. Assertion of Jurisdiction by the International Court of Justice / Abdul Koroma -- 12. Approaches to the Assertion of International Jurisdiction: The Human Rights Committee / Dominic McGoldrick -- 13. Some Problems of Compulsory Jurisdiction before Specialised Tribunals: The Law of the Sea / Alan Boyle --14 Activism and Restraint in the European Court of Justice / Stephen Weatherill -- 15. The Assertion of Jurisdiction by the European Court of Justice / John Usher.

In this ground-breaking study, taken on the initiative of U.S. Supreme Court Justice Sandra Day O'Connor, Thomas M. Franck, and Gregory H. Fox explore the use of international law decisions by national courts, providing in-depth materials for answers to such critical and practical questions as: To what extent do national judges treat the decisions of their international colleagues as binding or persuasive? Do national judges regard the outcomes of international decisions as res judicata? As evidence of law or fact? Published under the Transnational Publishers imprint

This study examines the reservations to the acceptance of compulsory jurisdiction included in declarations made by States under Article 36(2) of the Statute of the Permanent Court of International Justice and of the Statute of the International Court of Justice and discusses the practical application by the Court of the principle of reciprocity to such reservations in contentious cases submitted to it under Article 36(2). It has been considered that, due to acceptance conditioned by so many diverse, and complicated reservations, the compulsory jurisdiction of the Court has been declining in significance. The recent trend of acceptance of the compulsory jurisdiction does not support such a conclusion. Since the practice of making declarations with reservations has continued, further study of the Court's jurisprudence in dealing with such reservations seems necessary. This analysis attempts to show that reservations in unilateral declarations do not contribute to the decline of the Optional Clause. In fact, reservations provide for the flexibility which many States consider essential in accepting the compulsory jurisdiction of the International Court of Justice. Thus, the right to include a variety of reservations in unilateral declarations may in fact contribute to the wider acceptance of compulsory jurisdiction

Shortly after the Second World War the community of States, still shocked by the explosion of violence that had torn the world apart for more than five years, ratified an updated version of the Geneva Conventions in the hope of acquiring a sound legal instrument which would preserve human dignity even in times of war. They undertook to respect the fundamental rights of the individual in armed conflicts, whether international or otherwise, and to limit the use of force to what was strictly necessary to place an enemy hors de combat. Their resolve found confirmation in the two Additional Protocols of 1977.