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Hilary Charlesworth and Christine Chinkin

their territorial sovereignty is sublimated. 44 Such rhetoric has undermined, for example, attempts in the UN to accommodate the claims to self-determination of indigenous peoples, 45 or to resolve territorial disputes. It is the basis of the nostalgia about an era of strong, impermeable boundaries (now seen to be undermined by increasing global interdependence) found in the modern literature of

in The boundaries of international law
Hilary Charlesworth and Christine Chinkin

, diminishing resources, shared access to resources, the interdependence of trade and economic interests, trans-boundary health risks and the potential consequences of conflict all indicate the need for a problem-solving approach to international disputes. Arbitration and adjudication are distinguished from the negotiatory processes by their adversarial nature and legally binding outcomes. Although settlement of

in The boundaries of international law
Hilary Charlesworth and Christine Chinkin

recent academic revival of interest in the potential of article 38(l)(c) which had largely become a ‘historical remnant’. 101 For example, M. Cherif Bassiouni has argued that increasing global interdependence has exposed the inadequacies of customary international law and treaties in responding to major issues such as human rights, the environment, economic development and international criminality. 102 He has contended that

in The boundaries of international law
Abstract only
Hilary Charlesworth and Christine Chinkin

are not simply economic growth but are primarily social and human, and it emphasises the interdependence of social justice at the national and international levels. The right to development is defined as an individual right ‘by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social and cultural and political development, in which

in The boundaries of international law