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| Author | : Thomas Burri |
| Publisher | : Cambridge University Press |
| Total Pages | : 331 |
| Release | : 2021-03-04 |
| Genre | : Law |
| ISBN | : 1108841279 |
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
| Author | : Everisto Benyera |
| Publisher | : Routledge |
| Total Pages | : 196 |
| Release | : 2022-05-18 |
| Genre | : Law |
| ISBN | : 1000589722 |
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.
| Author | : Jochen von Bernstorff |
| Publisher | : Oxford University Press |
| Total Pages | : 464 |
| Release | : 2019-10-22 |
| Genre | : Law |
| ISBN | : 0192589474 |
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.
| Author | : Thomas Burri |
| Publisher | : Cambridge University Press |
| Total Pages | : 331 |
| Release | : 2021-03-04 |
| Genre | : Law |
| ISBN | : 1108896898 |
The 2019 Chagos Advisory Opinion of the International Court of Justice is a decision of profound legal and political significance. Presented with a rare opportunity to pronounce on the right to self-determination and the rules governing decolonization, the ICJ responded with remarkable directness. The contributions to this book examine the Court's reasoning, the importance of the decision for the international system, and its consequences for the situation in the Chagos Archipelago in particular. Apart from bringing the Chagossians closer to the prospect of returning to the islands from which they were covertly expelled half a century ago, the decision and its political context may be understood as part of a broader shift in North/South relations, in which formerly dominant powers like the UK must come to terms with their waning influence on the world stage, and in which voices from former colonies are increasingly shaping the institutional and normative landscape.
| Author | : Edward McWhinney |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 186 |
| Release | : 1987-08-25 |
| Genre | : Political Science |
| ISBN | : 9789024735242 |
| Author | : Umut Özsu |
| Publisher | : Cambridge University Press |
| Total Pages | : 353 |
| Release | : 2023-10-31 |
| Genre | : Law |
| ISBN | : 1108427693 |
Examines the history of the rise and fall of the twentieth century's last major attempt to decolonize international law.
| Author | : Edward McWhinney |
| Publisher | : BRILL |
| Total Pages | : 209 |
| Release | : 2023-11-27 |
| Genre | : Business & Economics |
| ISBN | : 900464072X |
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.
| Author | : Edward J. McWhinney |
| Publisher | : Springer |
| Total Pages | : 206 |
| Release | : 2013-11-27 |
| Genre | : Law |
| ISBN | : 9401767963 |
| Author | : T O Elias |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 384 |
| Release | : 1983-05 |
| Genre | : Business & Economics |
| ISBN | : 9004634495 |
| Author | : Taslim Elias |
| Publisher | : Springer |
| Total Pages | : 374 |
| Release | : 1983-01-01 |
| Genre | : Law |
| ISBN | : 9789024730445 |
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.
