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Boundaries of Discourse in the International Court of by Michelle Leanne Burgis PDF

By Michelle Leanne Burgis

ISBN-10: 900417463X

ISBN-13: 9789004174634

How can 3rd global reports of colonialism and statehood be expressed in the confines of the overseas courtroom of Justice? How has the discourse of foreign legislations constructed to mirror postcolonial realities of 'universal' statehood? In an in depth and significant studying of 4 territorial disputes spanning the Arab global, Burgis explores the level to which foreign legislations can be utilized to talk for and contact non-European reports of authority over territory. The e-book attracts on fresh, serious foreign criminal scholarship to question the power of latest, foreign adjudication to deal with 3rd global grievances from the previous. A comparative research of the instances means that foreign legislations is still a discourse basically able to taking pictures a restricted diversity of non-European stories in the course of and after colonialism.

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Koskenniemi, ‘L’Affaire du Différend Territorial ( Jamahiriya Arabe Libyenne c. Tchad) Arrêt de la Cour Internationale de Justice du 3 février 1994’ (1994) 40 Annuaire français de droit international 442. Knop also offers a close reading of the pleadings in the Western Sahara Advisory Opinion as discussed in Chapter Five: K. Knop, Diversity and Self-Determination in International Law (Cambridge: Cambridge University Press, 2002). Berman’s insightful consideration of a PCIJ case is exceptional and indicates that much fruitful work remains even with PCIJ jurisprudence: N.

Harland, ‘International Court of Justice Elections: A Report on the First Fifty Years’ (1996) 34 Canadian Yearbook of International Law 303. For more recent statistics, see Romano, ‘International Justice and Developing Countries’, supra n. 5. Anghie, ‘C. G. Weeramantry’, supra n. 28, at 844–845. For an interesting study about the problems faced by Third World judges and lawyers in their municipal jurisdictions, see R. L. Abel, ‘The Underdevelopment of Legal Professions: A Review Article on Third World Lawyers’ (1982) American Bar Foundation Research Journal 871.

In his study of public spheres in Jordan, Lynch is aware of balancing these two concerns. 18 Such research cannot rise above specificity unless general theories applied elsewhere are used for the Arab world as well. Thus it is useful to develop an awareness of Arab cultural specificities, but a constant juggling act is required between appreciating regional social institutions on the one hand and local diversity at the political and legal level on the other. 19 Typically, mainstream attention has perpetuated Orientalist discourses 15 16 17 18 19 Article 9, Statute of the International Court of Justice.

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Boundaries of Discourse in the International Court of Justice : Mapping Arguments in Arab Territorial Disputes by Michelle Leanne Burgis


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