Suchergebnisse

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).

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.