Contemporary Issues in International Law:A Collection of the by David Freestone

By David Freestone

Seeing that 1985, the legislation college on the college of Hull has hosted an annual lecture - the Josephine Onoh Memorial Lecture - given by way of a wonderful foreign attorney. those annual lectures are funded by way of the Josephine Onoh Memorial Fund, proven in 1984 via the friends and family of Josephine Onoh who was once tragically killed in an air crash at Enugu, Nigeria, in November 1983. Josephine used to be a Hull legislations graduate, and on the time of her dying was once registered on the college for a study measure within the box of overseas legislation. This e-book encompasses a selection of those annual lectures. the 1st lecture in 1985 was once given by way of the past due pass judgement on Taslim Elias, at the moment President of the foreign court docket of Justice. next lectures were given by means of either top practitioners and professors of foreign legislations, together with Sir Robert Jennings, Bin Cheng, Sir Ian Sinclair, Philip Allott, Henry Schermers, Lord Mackenzie-Stuart, Alexandre-Charles Kiss, Dame Rosalyn Higgins, Peter Sand, Ian Brownlie, Christopher Greenwood, Marti Koskenniemi, and Ralph Zacklin. The lectures mirror probably the most major overseas issues of the final 20 years. the themes they deal with contain new tendencies in foreign legislations, overseas courts and politics, the practitioner's view of overseas legislations, overseas legislation and revolution, the eu conference of Human Rights, ecu neighborhood legislation recommendations, the worldwide setting and overseas legislations, the present position of the United international locations, foreign environmental belief cash, overseas boundary legislations, foreign legislation and imperialism, and humanitarian intervention. this significant number of essays through many of the best overseas legislations figures of our iteration can be of equivalent worth to all drawn to foreign legislation, no matter if the educational or the practitioner.

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Here 'reduced' is the word which does introduce a crucial distinction between disputes that have been reduced to a justiciable form that courts can deal with, and those that have not. In this sense there clearly is a valid and important distinction between justiciable disputes and non-justiciable disputes. And though it may well be true that 'all' or at any rate most, 'conflicts in the sphere of international polities' could be so reduced to a justiciable form, it should not be supposed that this can be done without some change in the very nature and substance of the dispute.

The parallels with the Falkland (Malvinas) Islands dispute are manifest. Nor is this problem confined to disputes about territory. One need go no further than the sort of legal questions which come before the European Commission, and the Court of Human Rights: matters such as immigration, the place of trade unions, police powers, are all clear legal problems, yet they are also intensely political. This is far from being a new problem. 2 Yet today the problem has new dimensions in a world so divided between east and west and north and south, and when there is a tendency to politicise almost any question.

First, the Soviets soon learnt to their cost that total rejection of traditional international law would deny the Soviet Union the benefits of traditional international law, including respect for its territorial integrity. Secondly, since at the time the Soviet Union was the only socialist country in the world, which was looked upon mostly with suspicion by the others, it made sense for it to insist as much as possible on the principle of sovereignty and the need for consent. By then, the Family of Nations had lost a great deal of its pre-WW-I ideological, economic and political homogeneity.

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