Suchergebnisse

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Preface -- Acknowledgements -- Chapter 1 Introduction -- Chapter 2 Self-Determination and the Western Sahara Question -- A. UN and ICJ Involvement up to the Creation of the SADR in 1976 -- (i) The General Assembly's Early Involvement (1963-1974) -- (ii) The UN's Visiting Mission and the Western Sahara Advisory Opinion -- (iii) Overview of the UN's Subsequent Involvement in the Western Sahara Question -- B. The SADR's Struggle for Recognition as a State -- Chapter 3 The Doctrine of Recognition and Morocco's Claim to Western Sahara -- A. The Duty of Non-Recognition -- B. The Discretionary Character of Acts of Recognition -- C. Formalism and Implied Recognition -- (i) EU/Morocco Trade and Fishing Agreements and Implied Recognition -- D. The Consequences of the Duty of Non-Recognition -- (i) Persistent Illegal Situations and Territorial Claims -- (ii) The African Court's Judgment in the Bernard Mornah Case -- Chapter 4 Recent Developments in UN Practice Concerning Western Sahara -- A. The Security Council's Approach to the Western Sahara Question Since 2018 -- B. The General Assembly and Western Sahara in Recent Years -- (i) C24 and Fourth Committee Meetings Since 2020 -- (ii) Recent General Assembly Resolutions on Western Sahara -- Chapter 5 Implications of Growing Support for the Moroccan Position on Western Sahara -- A. Growing Support for the Moroccan Autonomy Plan: Has a Tipping Point Been Reached? -- B. Establishing Consulates in Western Sahara and Implied Recognition -- The Territorial Foundations of Consular Representation -- Chapter 6 Conclusion: The Future of Western Sahara and the Future of International Law -- Index.

This book analyses recent developments concerning the application of the international legal doctrines of recognition and self-determination in relation to the Western Sahara Question. It investigates the emergent shift in favour of Morocco's sovereignty claim to Western Sahara as apparent from the positions adopted by an increasing number of third States in the United Nations and the recent spate of third States establishing consulates in Western Sahara, with Morocco's encouragement. It reflects on what the functioning of the doctrines of recognition and self-determination in this situation reveals about contemporary international law in practice more generally. The work will be of interest to scholars, researchers, and postgraduate students as well as practitioners of public international law who have a particular interest in decolonisation, self-determination disputes, and/or conflicts about natural resource entitlements. It will also appeal to readers with an interest in the work of International Organisations, including the United Nations, the European Union, and the African Union, and to specialists in international relations and regional politics.

Intro -- Contents -- About the Contributors -- Chapter 1: Introduction -- 1.1 Introduction -- 1.2 The Aim of This Collection -- 1.3 The Contributors -- References -- Chapter 2: Justifying Bancoult (No 2): Why Justice Hercules Must Sometimes Disappoint Us -- 2.1 Introduction -- 2.2 Bancoult (No 2) and Its Critics -- 2.2.1 Was the Prerogative Power of Colonial Governance Limited by a Fundamental Right? -- 2.2.2 Did the Formulation 'Peace, Order and Good Government' Connote a Limited or Plenary Prerogative Power? -- 2.2.3 Did Judges Have the Power to Review the Reasons Given by the Government for Removing the Chagossians Islanders? -- 2.3 Positivism and Pragmatism in Bancoult (No 2) -- 2.3.1 What's Wrong with Positivist Textual Analysis? -- 2.3.2 A Pragmatist Way Out? -- 2.4 Enter Justice Hercules -- 2.4.1 Interpreting Bancoult (No 2) -- 2.4.2 Two Competing Schemes of Principle: 'Moral No-Difference' and 'Moral Difference' -- 2.4.2.1 Moral No-Difference -- 2.4.2.2 Moral Difference -- 2.5 Isn't It Justice Hercules's Job to Do Justice? -- 2.6 Conclusion -- References -- Chapter 3: Environmental Protection v the Right of Abode: A Case-Study in the Misuse of Power -- 3.1 Introduction -- 3.2 The Legal Flaws in the 2009 Consultation -- 3.3 The Position Today -- References -- Chapter 4: How Public Law Has Not Been Able to Provide the Chagossians with a Remedy -- 4.1 Introduction -- 4.2 Background -- 4.3 First Attempts at a Remedy: The Vencatassen Case -- 4.3.1 Settlement Terms Are Mis-Described -- 4.3.2 Chagossians Are Misinformed -- 4.4 The Judicial Review in Bancoult (No. 1) and Its Evolution -- 4.4.1 Procedural Reform -- 4.4.2 Do Your Homework First -- 4.4.3 How Did the High Court Declare the Exile Unlawful? -- 4.5 The Group Litigation: Chagos Islanders v Attorney General and HM BIOT Commissioner [2003] EWHC 2222 (QB).

"The question of what rights might be afforded to Indigenous peoples has preoccupied the municipal legal systems of settler states since the earliest colonial encounters. As a result of sustained institutional initiatives, many national legal regimes and the international legal order accept that Indigenous peoples possess an extensive array of legal rights. However, despite this development, claims advanced by Indigenous peoples relating to rights to marine spaces have been largely opposed. This book offers the first sustained study of these rights and their reception within modern legal systems. Taking a three-part approach, it looks firstly at the international aspects of Indigenous entitlements in marine spaces. It then goes on to explore specific country examples, before looking at some interdisciplinary themes of crucial importance to the question of the recognition of the rights of Indigenous peoples in marine settings. Drawing on the expertise of leading scholars, this is a rigorous and long-overdue exploration of a significant gap in the literature."

This Handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.

This handbook provides an authoritative and comprehensive analysis of the concept of jurisdiction in international law. The authors undertake a thematic analysis of its history, its contemporary application, and how it needs to adapt to encompass future developments in international law.