The International Court Of Justice And Decolonisation
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The International Court Of Justice And Decolonisation
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Author : Thomas Burri
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-04
The International Court Of Justice And Decolonisation written by Thomas Burri and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-04 with Law categories.
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
The Failure Of The International Criminal Court In Africa
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Author : Everisto Benyera
language : en
Publisher: Routledge
Release Date : 2022-05-18
The Failure Of The International Criminal Court In Africa written by Everisto Benyera and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-18 with Law categories.
This book investigates the relationship between the International Criminal Court and Africa (the ICC or the Court), asking why and how the international criminal justice system has so far largely failed the victims of atrocities in Africa. The book explores how the Court degenerated from a very promising multilateral institution to being an instrumentalised, politicised, weaponised institution that ended up with the victims being the greatest losers. Instead of looking at the International Criminal Court as a recent alternative to a prevailing international criminal justice paradigm, this book argues that the Court is a manifestation of the same world order that was established by the Reconquista in 1492. Written from a decolonial perspective, the book particularly draws on evidence from Zimbabwe in order to demonstrate how the International Criminal Court is failing the victims of the four crimes that fall under its jurisdiction. Drawing on the perspectives of victims in particular, this book highlights the damage caused within Africa by the international criminal justice system and argues for a decolonial conception of justice. The book will be of interest to researchers from across African politics, international relations, law and criminal justice.
The Battle For International Law
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Author : Jochen von Bernstorff
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-10
The Battle For International Law written by Jochen von Bernstorff and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10 with Law categories.
This volume provides the first comprehensive analysis of international legal debates between 1955 and 1975 related to the formal decolonization process. It is during this era, couched between classic European imperialism and a new form of US-led Western hegemony, that fundamental legal debates took place over a new international legal order for a decolonised world. The book argues that this era presents in essence a battle, a battle that was fought out in particular over the premises and principles of international law by diplomats, lawyers, and scholars. In a moment of relative weakness of European powers, 'newly independent states' and international lawyers from the South fundamentally challenged traditional Western perceptions of international legal structures engaging in fundamental controversies over a new international law. The legal outcomes of this battle have shaped the world we live in today. Contributions from a global set of authors cover contemporary debates on concepts central to the time, such as self-determination, sources and concessions, non-intervention, wars of national liberation, multinational corporations, and the law of the sea. They also discuss influential institutions, such as the United Nations, International Court of Justice, and World Bank. The volume also incorporates contemporary regional approaches to international law in the 'decolonization era' and portraits of important scholars from the Global South.
The International Court Of Justice And Some Contemporary Problems
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Author : Taslim Elias
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11
The International Court Of Justice And Some Contemporary Problems written by Taslim Elias and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Law categories.
This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differing aspects of the living law of the United Nations. Although written on diverse occasions and for different purposes, they are nevertheless animated by the common ideal of analysing and synthesising current issues with which the International Court of Justice, the United Nations Organization itself and related law-making organs and institutions have been grappling in the last five years or so. The treatment of the subjects with which they deal and the manner of their orientation naturally differ both in scope and in depth of analysing, depending upon the particular aspects of international law under consideration. They open up not only new horizons but also, as one of its chapters indicates, new conceptions and perspectives in current international law. Old topics are re-examined from new angles, some new topics are studied in such a way as to relate them to their customary roots and pristine significance in legal thought. There are five main parts. The first and inevitably the longest division deals with the international judicial process in nearly all its modern ramifications as exemplified in the work of the Court. The first study deals with problems of method associated with the internal judicial practice of the Court from the moment the public hearings have been completed up to the delivery of the judgment; in other words, how the Court judges a case.
The International Court Of Justice And Some Contemporary Problems
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Author : T O Elias
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1983-05
The International Court Of Justice And Some Contemporary Problems written by T O Elias and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-05 with Business & Economics categories.
Judicial Settlement Of International Disputes
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Author : Edward J. McWhinney
language : en
Publisher: Springer
Release Date : 2013-11-27
Judicial Settlement Of International Disputes written by Edward J. McWhinney and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-27 with Law categories.
Judicial Settlement Of International Disputes
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Author : Edward McWhinney
language : en
Publisher: BRILL
Release Date : 2023-11-27
Judicial Settlement Of International Disputes written by Edward McWhinney and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-27 with Business & Economics categories.
The record of the International Court of Justice and its predecessor, the old Permanent Court of International Justice, extends back now for about three quarters of a century. During that time the Court has been transformed from a Western (Eurocentric) tribunal in terms both of its judges and also the disputes it was called on to resolve, to an institution broadly representative of the layered, pluralistic world community of today. This is reflected in the fiercely contested battles for election to the Court or the regular triennial elections, and also in the angry denunciations of the Court as a `political' tribunal rendering `political' decisions, launched by some national foreign Ministry spokesmen in reaction to Court judgments involving their own states or what they consider as their own vital interests. Within the Court's ranks in recent years there has been a marked philosophical division between those judges (usually from Western or Western-influenced states) who have sought to maintain traditional positivist, strict construction (`neutral') approaches, and those who would in American legal Realist-style, essay a more frankly critical, liberal activist rôle in the up-dating or re-making of old legal doctrines inherited from earlier eras in international relations. The intellectual-legal conflicts within the Court are canvassed in some of the major political-legal cases of recent years (South West Africa and Namibia; Nuclear Tests; Western Sahara; Nicaragua v. US). The contemporary rôle of the Court and its relation to and cooperation with other principal United Nations (especially the General Assembly) organs, in World Community problem-solving, are fully explored, in terms of the potential problems but also the opportunities and challenges for the Court and its judges today in an historical era of transition and rapid change in the World Community.
Resolving Claims To Self Determination
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Author : Andrew Coleman
language : en
Publisher: Routledge
Release Date : 2014-01-03
Resolving Claims To Self Determination written by Andrew Coleman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-03 with Law categories.
Since the end of World War Two and the formation of the UN, the nature of warfare has undergone changes with many wars being ‘intra-state’ wars, or wars of secession. Whilst wars of secession do not involve the same number or type of combatants as in the last two World Wars, their potential for destruction and their danger for the international community cannot be underestimated. There are currently many peoples seeking independence from what they perceive as foreign and alien rulers including the Chechens, West Papuans, Achenese, Tibetans, and the Kurds. The break-up of Yugoslavia and the former USSR, together with recent conflicts in South Ossetia, reveal that the potential for future wars of secession remains high. This book explores the relationship between recognition, statehood and self-determination, and shows how self-determination continues to be relevant beyond European decolonisation. The book considers how and why unresolved questions of self-determination have the potential to become violent. The book goes on to investigate whether the International Court of Justice, as the primary judicial organ of the United Nations, could successfully resolve questions of self-determination through the application of legal analysis and principles of international law. By evaluating the strengths, weaknesses and effectiveness of the Court’s advisory jurisdiction, Andrew Coleman asks whether the ICJ is a suitable forum for these questions, and asks what changes would be necessary to provide an effective means for the peaceful "birth" of States.
The Chagos Archipelago Case In The International Court Of Justice
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Author : Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel
language : en
Publisher: Lulu.com
Release Date : 2020-01-21
The Chagos Archipelago Case In The International Court Of Justice written by Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-21 with Law categories.
?Full implementation of Article 73 of the UN Charter is an obligation for the administrative states as well for the UK for the territorial integrity of Mauritius. The Lancaster House Undertakings is under the ex injuria jus non oritur principle, that unjust acts cannot create law. The UK did not fulfill in good faith the obligations assumed by Article 73 in accordance with Article 2 (2) of the UN`s Charter. The Advisory Opinion interpreted by the ICJ is Article 38 (1) (b) created a new colony;the ICJ should have used Article 38 (1) (a) as the source of law for its decision.The decision of the ICJ is under the definition of an internationally wrongful act of an international organization by interpreting Article 38 (1) (b) of its Statute as the source for the Advisory Opinion interpretation.
Completing Humanity
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Author : Umut Özsu
language : en
Publisher: Cambridge University Press
Release Date : 2023-10-31
Completing Humanity written by Umut Özsu and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-31 with Law categories.
Examines the history of the rise and fall of the twentieth century's last major attempt to decolonize international law.