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Pan-African Revolutionary
Maureen Isaacson

South West Africa, published in 1963, First was placed under house arrest on her return to Johannesburg. Namibia – then South West Africa – was under South African rule, although the League of Nations, responsible for handing the mandate to South Africa after the First World War (1914–18), had been replaced by the United Nations in 1945. The case was, at the time of her writing, before the International Court of Justice in the Hague. This first work on Namibia’s history from an anti-colonial perspective was well received. 39 Here were

in The Pan-African Pantheon
The logics underpining EU enlargement
Helene Sjursen and Karen E. Smith

report on enlargement, published in July 1997, the European Commission stated that it ‘considers that, before accession, applicants should make every effort to resolve any outstanding border dispute among themselves or involving third countries. Failing this they should agree that the dispute be referred to the International Court of Justice’ (European Commission 1997 : 51). The Helsinki European

in Rethinking European Union Foreign Policy
Iris Müller

– requires the presence of two elements. Its introduction noted: The Statute of the International Court of Justice describes customary international law as ‘a general practice accepted as law’. It is generally agreed that the existence of a rule of customary international law requires the presence of two elements, namely State practice ( usus ) and a belief that such practice is required, prohibited or allowed, depending on the nature of the rule, as a matter of law ( opinio juris sive necessitatis ). 21 This fundamental understanding has been reaffirmed by the

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Christine Byron

‘inhumane’ or ‘severe’ it is not necessary, unless indicated, ‘that the perpetrator personally completed a particular value judgement’. 52 Applicable law The law to be applied by the judges of the ICC when adjudicating cases and interpreting the definition of crimes is given in Article 21 of the Rome Statute. 53 Whilst the sources of general public international law according to Article 38 of the International Court of Justice Statute are well known, Article 21 ‘constitutes the first codification of the sources of

in War crimes and crimes against humanity in the Rome Statute of the International Criminal Court
The key to governance
Nigel D. White

nature, immediately binding and creating new norms addressed at general mischiefs as opposed to specific issues, is said to be lacking in international law, as there is no such mention in the list of sources contained in Article 38 of the Statute of the International Court of Justice, which has emerged as the ‘authoritative’ secondary rule on sources. 33 A number of states have strongly objected to Security Council acts of legislation, starting with Resolution 1373, and continuing through Resolution 1540 of 2004 that legislated on preventing the proliferation of

in The law of international organisations (third edition)
A new source of international law?
Nigel D. White

international law produced by states and, in fact, are compatible with the list of sources in Article 38 of the Statute of the International Court of Justice of 1945, either as treaty obligations, customs or general principles of law. It is true to say that many resolutions have passed into customary international law, but such an analysis disregards the potential normative value of the resolutions themselves, a value that reflects the autonomy of IGOs. This chapter explores institutional lawmaking in the modern era, with particular focus on General Assembly Resolutions on

in The law of international organisations (third edition)
Jean d’Aspremont

-based definition of international law in the nineteenth century, the correlation between subject-hood and the makers of the international law remained. As a result, an entity not qualifying as a subject could not claim to be participating in lawmaking and vice versa. Interestingly, it is this kinship between the prominent lawmaking role of states and subject-hood that long barred the recognition of an international legal personality to international organisations and other actors. 53 Such kinship was discontinued by the 1949 International Court of Justice advisory opinion on

in International organisations, non-State actors, and the formation of customary international law
Abstract only
Norman Geras

Enumerated in Article 38 (1) of the Statute of the International Court of Justice, these sources are: international conventions; international custom; the general principles of law recognized by civilized nations; and – as ‘subsidiary means for the determination of rules of law’ – judicial decisions and ‘the teachings of the most highly qualified publicists’. The latter rubric has been interpreted as being ‘synonymous with scholarly work, with a correspondingly greater deference to leading authorities in a field’; or as meaning ‘the doctrines developed by the most

in Crimes against humanity
Antal Berkes

resolutions imposed such a duty of non-recognition on States, it was doubtful whether States had to consider all conducts of de facto regimes as null and void. In the Legal consequences for States of the continued presence of South Africa in Namibia (South West Africa) notwithstanding Security Council resolution 276 (1970) advisory opinion, the International Court of Justice clarified those obligations. Whereas the Court confirmed that ‘official acts’ performed by South Africa concerning Namibia are ‘illegal and invalid’, it identified one exception of the absolute

in International organisations, non-State actors, and the formation of customary international law
Timothy Edmunds

particularly in relation to the issue of war crimes suspects, but also with regard to the continuing financial and organisational contacts between the VJ and the VRS. Finally, between 2000–4 the government in Belgrade pursued an ultimately unsuccessful case against eight NATO member countries in the International Court of Justice (ICJ) for their bombing of the country in 1999. 1 This

in Security sector reform in transforming societies