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International Law

2017

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The Bandung Ethic And International Human Rights Praxis: Yesterday, Today And Tomorrow, Obiora C. Okafor Oct 2017

The Bandung Ethic And International Human Rights Praxis: Yesterday, Today And Tomorrow, Obiora C. Okafor

Articles & Book Chapters

Between April 18 and 24, 1955, a group of twenty-nine African and Asian states gathered in Bandung, Indonesia, for the very first Afro-Asian summit in recorded human history. Almost every single African and Asian state that was independent at the time was represented at Bandung. It is no wonder then that this moment is widely regarded in the literature as “the foundational moment of the Third World.” Issued on April 24, 1955, the Conference’s Final Communiqué captured what I refer to in this chapter as the Bandung ethic. This conference also inspired a long line of subsequent meetings of the …


The International Law Of Secession And The Protection Of The Human Rights Of Oppressed Sub-State Groups: Yesterday, Today And Tomorrow, Obiora C. Okafor Jan 2017

The International Law Of Secession And The Protection Of The Human Rights Of Oppressed Sub-State Groups: Yesterday, Today And Tomorrow, Obiora C. Okafor

Articles & Book Chapters

This paper focuses on significant patterns/features in the historical development of the international law of secession and its contribution over time (or the lack thereof) to the struggle to afford greater protection to oppressed sub-state groups the world over. It was Crawford Young who once observed that “the state as an analytical quarry is an elusive and complex prey.” With the necessary modifications, this observation applies with almost equal force to the international law of secession. Complexity and confusion loom too large in this area of international law. For example, there is, at best, little clarity in the literature of …


Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai Jan 2017

Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai

Articles & Book Chapters

Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both …