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The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law incre...
In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.
While many have explored the law governing the rights of indigenous peoples through an examination of relevant instruments and institutions, this book demonstrates that international indigenous rights can be best understood through the study of two questions: What is meant by 'peoples' and 'equality' under international law? Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume explains that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination and sets out the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.
Although most international lawyers assumed that the distribution of the land surface of the earth between States was more or less final after the end of decolonization, recent practice has disproved this assumption. Eritrea separated from Ethiopia and new States were created out of the former Soviet Union, the former Yugoslavia and the former Czechoslovakia. There is no reason to believe that these events form the end of the creation of new States. Numerous communities within existing States claim a right to full separate statehood on the basis of their entitlement to an alleged right to self-determination. However, in most cases, the international community rejected such claims to statehoo...
See international law in action with FUNDAMENTAL PERSPECTIVES ON INTERNATIONAL LAW! Comprehensive yet easy-to-understand, this political science text enhances your understanding of key topics in international law through a mix of cases, articles, documents, text, charts, tables, and questions. Edited cases followed by notes and questions illustrate major concepts and help you understand cases from many countries. The author's continually updated website contains recent cases, maps, career opportunities, links to documents, and a research guide making it easy for you stay on top of recent updates in the field.
This book deals with international organisations and the tension between their legal nature and the system of state-based international law.