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It gathers a varied group of international legal academics; ranging
from world-renowned authorities in the field (e.g. Karen Alter
(Northwestern), Bill Bowring (Birkbeck) and Armand de Mestral
(McGill)), other well-established academics from institutions such
as Cambridge and Copenhagen, UN officials, and early-career
academics. The authors hail from all over the world. It is a
diverse group of contributors, each with a unique set of expertise
and an original perspective on the work of international courts.
The end of World War II marked the beginning of a new golden era in
international law. Treaties and international organisations
proliferated at an unprecedented rate, and many courts and
tribunals were established with a view to ensuring the smooth
operation of this new universe of international relations. The
network of courts and tribunals that exists today is an important
feature of our global society. It serves as an alternative to
other, sometimes more violent, forms of dispute settlement. The
process of international adjudication is constantly evolving,
sometimes in unexpected ways. Through contributions from
world-renowned experts and emerging voices, this book considers the
future of international courts from a diverse range of
perspectives. It examines some of the regional, institutional and
procedural challenges that international courts face: the rising
influence of powerful states, the turn to populism, the interplay
between courts, the involvement of non-state actors and third
parties in international proceedings, and more. The book offers a
timely discussion of these challenges, with the future of several
international courts hanging in the balance and the legitimacy of
international adjudication being called constantly into question.
It should also serve as a reminder of the importance of
international courts for the functioning of a rules-based
international order. 'The Future of International Courts' is
essential reading for academics, practitioners and students who are
interested in international law, including those who are interested
in the role international courts play in international relations.
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.
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.
Self-Determination in Disputed Colonial Territories addresses the
relationship between self-determination and territorial integrity
in some of the most difficult decolonization cases in international
law. It investigates historical cases, such as Hong Kong and the
French and Portuguese territories in India, as well as cases that
remain very much alive today, such as the Western Sahara,
Gibraltar, the Falkland Islands and the Chagos Islands. This book
provides a comprehensive analysis of colonial territories that are,
or have been, the subject of adverse third-party claims, invariably
by their neighbouring states. Self-Determination in Disputed
Colonial Territories takes a contextual, historical approach to
mapping the existing law and will be of interest to international
lawyers, as well as scholars of international relations and
students of the history of decolonization.
Self-Determination in Disputed Colonial Territories addresses the
relationship between self-determination and territorial integrity
in some of the most difficult decolonization cases in international
law. It investigates historical cases, such as Hong Kong and the
French and Portuguese territories in India, as well as cases that
remain very much alive today, such as the Western Sahara,
Gibraltar, the Falkland Islands and the Chagos Islands. This book
provides a comprehensive analysis of colonial territories that are,
or have been, the subject of adverse third-party claims, invariably
by their neighbouring states. Self-Determination in Disputed
Colonial Territories takes a contextual, historical approach to
mapping the existing law and will be of interest to international
lawyers, as well as scholars of international relations and
students of the history of decolonization.
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