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This volume examines the role and influence of multiculturalism in general theories of international law; in the composition and functioning of international organizations such as the ICJ, the ILC, the UN, and the ICC; and in the progressive development of substantive international law regarding issues such as anti-terrorism, cultural identity, the Danish cartoons controversy, indigenous peoples, and cultural exemptions at the WTO. With Forewords from Boutros Boutros-Ghali and Shigeru Oda, this authoritative volume contains contributions from 36 distinguished scholars from every continent of the world tackling multiculturalism and international law—an ever more topical issue—in honour of, appropriately, Edward McWhinney, an eminent scholar who has spent a substantial part of his life promoting multiculturalism.
This is the third edition of a comparative analysis of the constitution of the United Kingdom, the Commonwealth, and the United States, giving particular attention to the effect of judicial interpretation of legislation in each of these countries. Professor McWhinney has added a new Preface and a new final chapter on "Judicial Policymaking in an Era of Revolution." To his task Professor McWhinney brings a wide experience as teacher, lawyer, and consultant in some of these countries, and further experience in teacher and research supervisor for a number of years to students from all the countries covered by the survey. There are of course, many works that deal with judicial review in Canada, ...
Since Canada may be faced with a period of minority governments, it has become increasingly important to understand the role of the Head-of-State - the Governor General - in facing the challenge of dysfunctionality. Edward McWhinney clearly lays out the present powers and responsibilities of the office, advising the country on what to expect from the Governor General and Prime Ministers. He does so within an historical frame, revealing how the office has evolved from a time when the Governor General was the appointee and representative of the imperial government to today when the office has become part of Canada's constitutional checks and balances. McWhinney suggests how it is now possible ...
The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.
In analysing the contemporary International Law principles as to Self-determination of Peoples, Dr. Edward McWhinney gives a special attention to the crisis today of multinational states put together, usually hurriedly and without proper regard for foreseeable later problems in establishing a plural-constitutional order system, by the military victors in World War I in the imposed Peace treaties of 1919. The key to successful exercise of a claimed right to self-determination is Recognition by other, existing states in the World Community and today also admission to the United Nations. In examining the classical rules on Recognition of States and the recent developed practice as to U.N. Membe...
The International Tribunal for the Law of the Sea is an independent judicial body established by the United Nations Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and application of the Convention. The Tribunal is open to States, international organizations and other entities. The "Yearbook" will give lawyers, scholars, students as well as the general public easy access to information about the jurisdiction, procedure and organization of the Tribunal and also about its composition and activities in 2002. The "Yearbook" was prepared by the Registry of the Tribunal. The "Yearbook" is also available in French (Annuaire).
This book provides expert analysis of the impact of international and national courts on the development of international law applying to armed conflicts.
The first part of this book deals with the general principles relating to international disputes settlement. It starts by looking at the nature of an international dispute in contemporary international law, and by discussing the principles governing the ascertainment of the existence of an international dispute. It then moves on to a consideration of the diplomatic means of an international dispute settlement. The book not only focuses on the peaceful means, but also considers other means, in particular countermeasures. A separate chapter is devoted to the International Court of Justice, enabling in-depth treatment of the issues. The book critically analyses the cases in which Australia and New Zealand have been involved, first as applicants, and then as respondents, thereby assessing the contributions made by these two countries to the development of the law relating to international disputes settlement.