Suchergebnisse

AbstractIn its Chagos Advisory Opinion, the International Court of Justice (ICJ) ruled that the UK's detachment of the Chagos Archipelago from the colony of Mauritius on the eve of independence constituted a violation of customary international law (CIL). This article analyses the Court's approach to establishing the emergence and content of the right to self-determination in this frustrated case of decolonisation. It goes on to examine the argument that self-determination's peremptory character has decisive consequences in this specific context—a contention which found favour with several judges in their Separate Opinions. The article explores the extent to which the claims and counterclaims, made during the advisory proceedings, turned on countervailing readings of not only the key sources of custom but also of the principle of inter-temporal law. The final sections consider the significance of the Chagos Opinion for the Chagossians, both in relation to the Archipelago's resettlement and for their outstanding appeal in the UK courts (where the European Convention on Human Rights performs a pivotal role).

In its Chagos Advisory Opinion, the International Court of Justice (ICJ) addressed two questions posed in a request from the UN General Assembly. First, had Mauritius's decolonization been completed when it gained independence in 1968, after the excision of the Chagos Archipelago? Second, what were the legal consequences flowing from the United Kingdom's continued administration of the Archipelago? It was thought that the Court might shy away from giving an Opinion in this case as, arguably, it concerned a bilateral sovereignty dispute that the United Kingdom had not agreed to have resolved by judicial decision. However, as it turned out, the Court delivered surprisingly robust responses to the questions posed. The Opinion—and the numerous Separate Opinions that accompanied it—offer a thorough re-evaluation of the customary international law (CIL) concerning the right to self-determination in cases of decolonization.

On February 8, 2018, the U.K. Supreme Court delivered its judgment in R (Bancoult No 3) v. Secretary of State for Foreign and Commonwealth Affairs. The case concerned a challenge to the validity of a Marine Protected Area (MPA) extending 250,000 square miles around the British Indian Ocean Territory (BIOT or Chagos Archipelago). Declared in 2010, the MPA was justified on the ground of environmental protection and resulted in a ban on all commercial fishing in this zone. The appellant alleged that the MPA had been established for an improper purpose—to prevent the Chagos Islanders from resettling the Archipelago. He claimed that this was evidenced by a diplomatic cable sent from the U.S. embassy in London. It recorded a 2009 meeting in which U.S. and British officials discussed the reasons behind the MPA. The cable was subsequently leaked via the WikiLeaks website and published in two national newspapers. Accordingly, as Lady Hale rightly observed, "[t]he crucial legal issue in this case is therefore the admissibility of the cable."

This select committee report scrutinised and influenced the government's 'electricity market reform' programme.

Appendix (v. 2, p. 359-615): Code of Hammurabi.--Laws of XII tables.--Code of Manu.--Assyrian law code.--Institutes of Justinian.--Penal code of China.--Civil code of France.--Civil code of Germany.--Magna Charta.--Constitution of Poland.--Constitution of Czecho-Slovakia.--Constitution of the United States.--Constitution of the German republic. ; "Published August, 1916. Revised edition, August 1922." ; Includes bibliographies. ; Mode of access: Internet.

The difficulties in establishing and delivering reliable clinical hematology and laboratory services in resource-limited settings are well recognized. However, much can be achieved by better use of existing resources through a concerted quality improvement approach. The recommendations of this chapter are based in part upon work in the thalassemias, inherited disorders of hemoglobin that are widely prevalent in Asia, which may serve as a model that is applicable to other common, chronic disorders in resource-poor settings. Resources are highlighted and recommendations made regarding approaches to improving services. Over the last few years, a number of low and middle-income countries, obtaining support from appropriate governmental sources, have assessed and overcome difficulties and significantly improved clinical services for patients with thalassemia.

This paper critiques the two-dimensional (hierarchical–spatial) focus on scales evident in management and organizational studies, and the capitalist ecological modernization (CEM) paradigm that dominates current corporate and governmental approaches to sustainability. Our contribution is to propose a more complex and nuanced understanding of scale, which incorporates social, political, temporal and material dimensions. We propose a heuristic framework from Harvey, in order to evaluate different paradigms of socio-ecological organizing: specifically, the dominant paradigm of CEM against a social ecology (SE) alternative. We explore the divergent conceptions of, and relative importance placed upon, concepts of scale, grain, level and field in these two contrasting paradigms. Our analysis highlights the limitations and contradictions of the CEM expression of scale, namely its predominant focus on measurement and expansion through 'economies of scale'. By offering an alternative conception of the links between scales, grains, levels and social fields, we show how this enriches the conceptualization of potential forms of socio-ecological organizing and opens up the potential for alternative modes of organizing socio-ecological sustainability.