New book!
‘A work that is original and timely, inviting the reader to re-think classical approaches to the nature and functioning of the international legal order and bring it into a new reality. A rare work, one that captures the zeitgeist, is finely written, beautifully structured, and should be a point of significant reference on roads yet to be travelled.’
Philippe Sands - Professor of the Public Understanding of Law, University College London, Barrister (King’s Counsel), 11KBW
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The cornerstone of the World Court's identity is its resolution of inter-state disputes. This insightful critique challenges the implication that individuals have little importance in such disputes as a result. Arguing for individuals' enhanced integration, it reveals their relevance in a myriad of disputes beyond those centred on violations of multilateral human rights treaties and unveils a multitude of procedural practices with unquenched potential. It also carefully unpacks and interrogates the Court's legal reasoning in various contexts such as territorial and maritime disputes, amongst others. Finally, it critically analyses and evaluates the legal and political underpinnings for the Court's approaches and state litigants' choices from a lens of social idealism. This pioneering study sheds light on the imbalance between individuals as key stakeholders in inter-state disputes and their treatment in law and practice.
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‘What an intriguing book! I would recommend this book to anyone working on (a) the place of the individual in international law, (b) the work of the International Court of Justice (c) the intersection of the areas.’
Dire Tladi - Judge, International Court of Justice, Former Member and Chair of the UN International Law Commission
‘Her work, through its thorough research and compelling legal analysis, pushes the frontiers of international law in the right direction. It should be warmly welcomed by academics and practitioners alike.’
Abdulqawi Ahmed Yusuf - Judge and Former President, International Court of Justice
‘Eye-opening’
Laurence Boisson de Chazournes - Professor of International Law, University of Geneva
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In a world of growing public interest in global matters and criticisms of multilateralism to adequately address them, the role of international courts and tribunals in the resolution of disputes is shifting. A central aspect of this shift is whether and how international courts and tribunals can be used to resolve such disputes in the public interest. This practice, referred to as public interest litigation, is the object of this collection, which identifies some recent developments, trends and prospects in this growing practice. Its aim is to assess the degree to which the bilateral design of international courts and tribunals can adapt to the shift towards a public approach to international litigation. Engaging with various fields where public interest litigation exists – such as human rights, climate change, global health and criminal law – it identifies recent developments, trends and prospects in this practice. The selected pieces provide a flavour of the types of issues that have arisen before international judicial bodies – for instance, the International Court of Justice, the International Tribunal for the Law of the Sea, international arbitral tribunals, regional human rights bodies or criminal courts – and explores issues that may arise in the future.