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

By David Freestone

When you consider that 1985, the legislations institution on the college of Hull has hosted an annual lecture - the Josephine Onoh Memorial Lecture - given via a distinctive foreign legal professional. those annual lectures are funded by way of the Josephine Onoh Memorial Fund, demonstrated in 1984 by way of the friends and family of Josephine Onoh who was once tragically killed in an air crash at Enugu, Nigeria, in November 1983. Josephine was once a Hull legislations graduate, and on the time of her dying used to be registered on the college for a learn measure within the box of overseas legislations. This e-book encompasses a number of those annual lectures. the 1st lecture in 1985 was once given by means of the overdue pass judgement on Taslim Elias, at the moment President of the overseas courtroom of Justice. next lectures were given through either prime 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 the most major overseas issues of the final 20 years. the themes they deal with comprise new tendencies in foreign legislations, foreign courts and politics, the practitioner's view of foreign legislation, foreign legislation and revolution, the eu conference of Human Rights, ecu neighborhood legislations strategies, the worldwide setting and overseas legislations, the present function of the United international locations, overseas environmental belief cash, foreign boundary legislations, foreign legislations and imperialism, and humanitarian intervention. this significant number of essays by way of the various prime overseas legislation figures of our iteration can be of equivalent price to all drawn to foreign legislations, no matter if the educational or the practitioner.

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V. R. v. J. Reports 3. 19 Sir Robert Jennings juridical imperatives which must be observed, and which provide a kind of frame within which a court should operate in such matters. Let me try to state them, for I believe that a court ventures outside those limits at the peril of its authority and respect for its decision. What, then, are these limits? There is one thing that a court when making and writing its decision should have constantly in mind. It is this: that the quite particular authority and obligatory character that a court's decision has, and which distinguishes it from other more or less political modes of decision, derives from the quality it should always have, of being seen to be a pronouncement and application of existing law.

13 It is not without significance that this provision was virtually unused in the Permanent Court and has never been invoked before the present Court. Even where a judgment is innovatory these conditions can and should still be fulfilled. In a sense the Injuries14 case no doubt made new law; but it was based upon views and experience that went back to the days of the League of Nations. The new concept of the genuine link of nationality in the Nottebohm15 case was based firmly upon the rationale of the long established idea of master nationality in the case of dual nationals.

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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