- Title Pages
- For Terence, a promise kept
- Acknowledgments
- Preface
- Detailed Table of Contents and Copyright Acknowledgements
- Table of Cases
- Table of Legislation
- Introductory Chapter
- Part 1 International Legal Theory
- 1.1 Policy Considerations and the International Judicial Process
- 1.2 Policy and Impartiality: The Uneasy Relationship in International Law*
- 1.3 The United Nations and Law-making: The Political Organs
- 1.4 Conceptual Thinking about the Individual in International Law*
- 1.5 The Identity of International Law
- 1.6 Fundamentals of International Law
- 1.7 The Concept of ‘The State’: Variable Geometry and Dualist Perceptions*
- 1.8 Our ‘Virtuous Trilogy’
- Part 2 United Nations Law
- 2.1 The Development of International Law by the Political Organs of the United Nations
- 2.2 United Nations Peace keeping—Political and Financial Problems*
- 2.3 The Place of International Law in the Settlement of Disputes by the Security Council*
- 2.4 The Advisory Opinion on Namibia*: Which UN Resolutions are Binding Under Article 25 of the Charter?
- 2.5 The New United Nations: Appearance and Reality
- 2.6 The New United Nations and Former Yugoslavia
- 2.7 The UN Security Council and the Individual State1
- 2.8 Some Thoughts on the Evolving Relationship between the Security Council and NATO*
- Part 3 Use of Force
- 3.1 Intervention and International Law
- 3.2 Second-Generation Peacekeeping
- 3.3 Peace and Security: Achievements and Failures
- 3.4 The New Challenges and the Role of the International Court of Justice
- Part 4 State and Diplomatic Immunities
- 4.1 Recent Developments in the Law of Sovereign Immunity in the United Kingdom
- 4.2 The Death Throes of Absolute Immunity: The Government of Uganda Before the English Courts
- 4.3 Execution of State Property: United Kingdom Practice*
- 4.4 Certain Unresolved Aspects of the Law of State Immunity
- 4.5 The Abuse of Diplomatic Privileges and Immunities: Recent United Kingdom Experience
- 4.6 Execution of State Property in English Law
- 4.7 After Pinochet: Developments on Head of State and Ministerial Immunities
- Part 5 International Legal Theory
- 5.1 The Soblen Case
- 5.2 The Right in International Law of an Individual to Enter, Stay in and Leave a Country*
- 5.3 Derogations Under Human Rights Treaties*
- 5.4 Encouraging Human Rights*
- 5.5 The United Nations: Still a Force for Peace
- 5.6 Liberty of Movement within the Territory of a State: The Contribution of the Committee on Human Rights*
- 5.7 The Relationship Between International and Regional Human Rights Norms and Domestic Law
- 5.8 Minority Rights: Discrepancies and Divergencies Between the International Covenant and the Council of Europe System
- 5.9 Foreword* in The International Covenant on Civil and Political Rights and United Kingdom Law
- 5.10 Ten Years on the UN Human Rights Committee: Some Thoughts upon Parting
- 5.11 Introduction* From Human Rights as General Norms and a State’s Right to Opt Out, Reservations and Objections to Human Rights Conventions
- 5.12 Interim Measures for the Protection of Human Rights*
- 5.13 The Role of Domestic Courts in the Enforcement of International Human Rights: The United Kingdom1
- 5.14 The International Court of Justice and Human Rights
- 5.15 The Continuing Universality of the Universal Declaration
- 5.16 Extradition, the Right to Life, and the Prohibition Against Cruel and Inhuman Punishment and Treatment
- 5.17 Dispersal and Coalescence in International Human Rights Law
- Part 6 International Petroleum Law
- 6.1 Legal Preconditions of Foreign Investment
- 6.2 Abandonment of Energy Sites and Structures: Relevant International Law*
- 6.3 Natural Resources in the Case Law of the International Court
- Part 7 General
- 7.1 Legal Problems Arising from the Dissolution of the Mali Federation*
- 7.2 The International Court and South West Africa The Implications of the Judgment
- 7.3 International Law and the Reasonable Nee of Governments to Govern Inaugural Lecture, London School of Economics and Political Science 22nd November, 1982
- 7.4 The Legal Bases of Jurisdiction
- 7.5 United Kingdom From The Effect of Treaties in Domestic Law
- 7.6 Postmodern Tribalism and the Right to Secession
- 7.7 Report for Institute de Droit International, The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations Toward Third Parties
- 7.8 Some Observations on the Inter-Temporal Rule in International Law
- 7.9 Time and the Law: International Perspectives on an Old Problem
- 7.10 Remedies and the International Court of Justice: An Introduction
- 7.11 International Law in a Changing International System*
- 7.12 The Responsibility of States Members for the Defaults of International Organizations: Continuing the Dialogue*
- 7.13 Dualism in the Face of a Changing Legal Culture
- 7.14 The ICJ, the ECJ, and the Integrity of International Law1
- 7.15 Self-Determination and Secession
- Part 8 Tributes to Colleagues
- 8.1 Myres Smith McDougal (1906–1998)
- 8.2 Foreword
- 8.3 Words of Personal Appreciation to Erica-Irene Daes
- 8.4 Fleischhauer Leaves the Court
- 8.5 On Vojin Dimitrijevic
- 8.6 In Memoriam Oscar Schachter: 1915–2003
- 8.7 Sir Robert Yewdall Jennings 1913–2004*
- 8.8 The Benign First Mate
- 8.9 Final Remarks
- 8.10 ‘National Courts and the International Court of Justice’, in: The Transformation of the Law. A Liber Amicorum for Lord Bingham, (eds. Mads Andenas and Duncan Fairgrieve), Oxford University Press, 2009*
- 8.11 Contribution to: Individual Rights and International Justice, Liber Fausto Pocar (eds. Gabriella Venturini and Stefania Bariatti), Giuffré, 2009
- 8.12 Speech at the Lauterpacht Centre 25th Anniversary Celebrations also marking the 80th birthday of the Centre’s founder, Sir Elihu Lauterpacht
- Part 9 The Judicial Years
- Academic Writing
- 9.1 A Comment on the Current Health of Advisory Opinions From 50 years of the International Court of Justice: Essays in honour of Sir Robert Jennings
- 9.2 The International Court of Justice and Africa†*
- 9.3 Respecting Sovereign States and Running a Tight Courtroom*
- 9.4 Issues of State Responsibility before the International Court of Justice
- 9.5 The International Court of Justice: Selected Issues of State Responsibility*
- 9.6 Alternative Perspectives on the Independence of International Courts: Remarks From the Proceedings of the 99th Annual Meeting of the American Society of International law Washington, DC, March 30-April 2, 2005
- 9.7 Reflections from the International Court
- Judicial Work
- 9.8 Dissenting Opinion of Judge Higgins Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion
- 9.9 Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Preliminary Objection, Judgment
- 9.10 Separate Opinion of Judge Higgins Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria), Preliminary Objections, Judgment
- 9.11 Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Counter-Claim, Order of 10 March 1998
- 9.12 Separate Opinion of Judge Higgins Legality of Use of Force (Serbia and Montenegro v Belgium) (Serbia and Montenegro v Canada) (Serbia and Montenegro v Netherlands) (Serbia and Montenegro v Portugal) (Yugoslavia v Spain) (Serbia and Montenegro v United Kingdom), Provisional Measures, Order of 2 June 1999
- 9.13 Declaration of Judge Higgins Kasikili/Sedudu Island (Botswana/Namibia), Judgment
- 9.14 Declaration of Judge Higgins Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v Bahrain), Judgment
- 9.15 Joint Separate Opinion of Judges Higgins, Kooijmans, and Buergenthal Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), Judgment
- 9.16 Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Judgment
- 9.17 Separate Opinion of Judge Higgins Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory, Advisory Opinion
- 9.18 International Court of Justice Joint Declaration of Vice-Président Ranjeva, Judges Guillaume, Higgins, Kooijmans, Al-Khasawneh, Buergenthal, and Elaraby
- 9.19 Separate Opinion of Judge Higgins
- 9.20 Joint Separate Opinion of Judge Higgins, Judge Kooijmans, Judge Elaraby, Judge Owada, and Judge Simma Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda), Jurisdiction and Admissibility, Judgment
- List of Cases on Which Judge Higgins has Sat*
- Part 10 The Years as President of the International Court of Justice
- 10.1 A Babel of Judicial Voices? Ruminations from the Bench
- 10.2 A Conversation with Secretary of State Condoleezza Rice
- 10.3 ‘A Just World Under Law’ Plenary Address
- 10.4 Inaugural Address Given at the Opening Ceremony of the Asian Society of International Law 7 April 2007
- 10.5 The International Court of Justice and Private International Law Thoughts The Lalive Lecture Series 9 July 2007
- 10.6 The 1907 Hague Peace Conference as a Milestone in the Development of International Law Speech Given at The Hague Academy of International Law Colloquium 6 September 2007
- 10.7 ‘The Rule of Law: Some Sceptical Thoughts’ Lecture Given at the British Institute for International and Comparative Law 16 October 2007
- 10.8 The Changing Position of Domestic Courts in the International Legal Order Speech Given at the First International Law in Domestic Courts Colloquium 27 March 2008
- 10.9 Keynote Address Given at the 60th Anniversary of the International Law Commission 19 May 2008
- 10.10 Remedies in the International Court of Justice Speech to the Sixth Committee (Legal) of the General Assembly 27 October 2006
- 10.11 Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the 61st Session of the General Assembly, 26 October 2006
- 10.12 The Judicial Determination of Relevant Facts, Speech to the Sixth Committee of the General Assembly, 2 November 2007
- 10.13 Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the 62nd Session of the General Assembly 1 November 2007
- 10.14 Jurisdiction at the International Court of Justice Speech to the Sixth Committee (Legal) of the General Assembly 31 October 2008
- 10.15 Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the 63rd Session of the General Assembly 30 October 2008
- Index
Words of Personal Appreciation to Erica-Irene Daes
From Justice pending: indigenous people and other good causes
- Chapter:
- (p.985) 8.3 Words of Personal Appreciation to Erica-Irene Daes
- Source:
- Themes and Theories
- Author(s):
Rosalyn Higgins Dbe Qc
- Publisher:
- Oxford University Press
DOI:10.1093/acprof:oso/9780198262350.003.0066
This chapter is a tribute to Erica-Irene Daes. Dr. Daes’ place in the United Nations human rights system remains unique. Although she is perhaps particularly associated with her pioneering work on minorities, and on indigenous peoples, her works and interests are in fact of extremely wide range. In recent years they have included, in addition to all the prolific activity on minorities and indigenous peoples, important oeuvre on the individual in international law, duties to the community and limitation of rights, the protection of persons detained on grounds of mental ill-health, and new types of war crimes, among others.
Keywords: Erica-Irene Daes, United Nations, human rights, minorities, indigenous peoples, international law, war crimes
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- Title Pages
- For Terence, a promise kept
- Acknowledgments
- Preface
- Detailed Table of Contents and Copyright Acknowledgements
- Table of Cases
- Table of Legislation
- Introductory Chapter
- Part 1 International Legal Theory
- 1.1 Policy Considerations and the International Judicial Process
- 1.2 Policy and Impartiality: The Uneasy Relationship in International Law*
- 1.3 The United Nations and Law-making: The Political Organs
- 1.4 Conceptual Thinking about the Individual in International Law*
- 1.5 The Identity of International Law
- 1.6 Fundamentals of International Law
- 1.7 The Concept of ‘The State’: Variable Geometry and Dualist Perceptions*
- 1.8 Our ‘Virtuous Trilogy’
- Part 2 United Nations Law
- 2.1 The Development of International Law by the Political Organs of the United Nations
- 2.2 United Nations Peace keeping—Political and Financial Problems*
- 2.3 The Place of International Law in the Settlement of Disputes by the Security Council*
- 2.4 The Advisory Opinion on Namibia*: Which UN Resolutions are Binding Under Article 25 of the Charter?
- 2.5 The New United Nations: Appearance and Reality
- 2.6 The New United Nations and Former Yugoslavia
- 2.7 The UN Security Council and the Individual State1
- 2.8 Some Thoughts on the Evolving Relationship between the Security Council and NATO*
- Part 3 Use of Force
- 3.1 Intervention and International Law
- 3.2 Second-Generation Peacekeeping
- 3.3 Peace and Security: Achievements and Failures
- 3.4 The New Challenges and the Role of the International Court of Justice
- Part 4 State and Diplomatic Immunities
- 4.1 Recent Developments in the Law of Sovereign Immunity in the United Kingdom
- 4.2 The Death Throes of Absolute Immunity: The Government of Uganda Before the English Courts
- 4.3 Execution of State Property: United Kingdom Practice*
- 4.4 Certain Unresolved Aspects of the Law of State Immunity
- 4.5 The Abuse of Diplomatic Privileges and Immunities: Recent United Kingdom Experience
- 4.6 Execution of State Property in English Law
- 4.7 After Pinochet: Developments on Head of State and Ministerial Immunities
- Part 5 International Legal Theory
- 5.1 The Soblen Case
- 5.2 The Right in International Law of an Individual to Enter, Stay in and Leave a Country*
- 5.3 Derogations Under Human Rights Treaties*
- 5.4 Encouraging Human Rights*
- 5.5 The United Nations: Still a Force for Peace
- 5.6 Liberty of Movement within the Territory of a State: The Contribution of the Committee on Human Rights*
- 5.7 The Relationship Between International and Regional Human Rights Norms and Domestic Law
- 5.8 Minority Rights: Discrepancies and Divergencies Between the International Covenant and the Council of Europe System
- 5.9 Foreword* in The International Covenant on Civil and Political Rights and United Kingdom Law
- 5.10 Ten Years on the UN Human Rights Committee: Some Thoughts upon Parting
- 5.11 Introduction* From Human Rights as General Norms and a State’s Right to Opt Out, Reservations and Objections to Human Rights Conventions
- 5.12 Interim Measures for the Protection of Human Rights*
- 5.13 The Role of Domestic Courts in the Enforcement of International Human Rights: The United Kingdom1
- 5.14 The International Court of Justice and Human Rights
- 5.15 The Continuing Universality of the Universal Declaration
- 5.16 Extradition, the Right to Life, and the Prohibition Against Cruel and Inhuman Punishment and Treatment
- 5.17 Dispersal and Coalescence in International Human Rights Law
- Part 6 International Petroleum Law
- 6.1 Legal Preconditions of Foreign Investment
- 6.2 Abandonment of Energy Sites and Structures: Relevant International Law*
- 6.3 Natural Resources in the Case Law of the International Court
- Part 7 General
- 7.1 Legal Problems Arising from the Dissolution of the Mali Federation*
- 7.2 The International Court and South West Africa The Implications of the Judgment
- 7.3 International Law and the Reasonable Nee of Governments to Govern Inaugural Lecture, London School of Economics and Political Science 22nd November, 1982
- 7.4 The Legal Bases of Jurisdiction
- 7.5 United Kingdom From The Effect of Treaties in Domestic Law
- 7.6 Postmodern Tribalism and the Right to Secession
- 7.7 Report for Institute de Droit International, The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations Toward Third Parties
- 7.8 Some Observations on the Inter-Temporal Rule in International Law
- 7.9 Time and the Law: International Perspectives on an Old Problem
- 7.10 Remedies and the International Court of Justice: An Introduction
- 7.11 International Law in a Changing International System*
- 7.12 The Responsibility of States Members for the Defaults of International Organizations: Continuing the Dialogue*
- 7.13 Dualism in the Face of a Changing Legal Culture
- 7.14 The ICJ, the ECJ, and the Integrity of International Law1
- 7.15 Self-Determination and Secession
- Part 8 Tributes to Colleagues
- 8.1 Myres Smith McDougal (1906–1998)
- 8.2 Foreword
- 8.3 Words of Personal Appreciation to Erica-Irene Daes
- 8.4 Fleischhauer Leaves the Court
- 8.5 On Vojin Dimitrijevic
- 8.6 In Memoriam Oscar Schachter: 1915–2003
- 8.7 Sir Robert Yewdall Jennings 1913–2004*
- 8.8 The Benign First Mate
- 8.9 Final Remarks
- 8.10 ‘National Courts and the International Court of Justice’, in: The Transformation of the Law. A Liber Amicorum for Lord Bingham, (eds. Mads Andenas and Duncan Fairgrieve), Oxford University Press, 2009*
- 8.11 Contribution to: Individual Rights and International Justice, Liber Fausto Pocar (eds. Gabriella Venturini and Stefania Bariatti), Giuffré, 2009
- 8.12 Speech at the Lauterpacht Centre 25th Anniversary Celebrations also marking the 80th birthday of the Centre’s founder, Sir Elihu Lauterpacht
- Part 9 The Judicial Years
- Academic Writing
- 9.1 A Comment on the Current Health of Advisory Opinions From 50 years of the International Court of Justice: Essays in honour of Sir Robert Jennings
- 9.2 The International Court of Justice and Africa†*
- 9.3 Respecting Sovereign States and Running a Tight Courtroom*
- 9.4 Issues of State Responsibility before the International Court of Justice
- 9.5 The International Court of Justice: Selected Issues of State Responsibility*
- 9.6 Alternative Perspectives on the Independence of International Courts: Remarks From the Proceedings of the 99th Annual Meeting of the American Society of International law Washington, DC, March 30-April 2, 2005
- 9.7 Reflections from the International Court
- Judicial Work
- 9.8 Dissenting Opinion of Judge Higgins Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion
- 9.9 Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Preliminary Objection, Judgment
- 9.10 Separate Opinion of Judge Higgins Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v Nigeria), Preliminary Objections, Judgment
- 9.11 Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Counter-Claim, Order of 10 March 1998
- 9.12 Separate Opinion of Judge Higgins Legality of Use of Force (Serbia and Montenegro v Belgium) (Serbia and Montenegro v Canada) (Serbia and Montenegro v Netherlands) (Serbia and Montenegro v Portugal) (Yugoslavia v Spain) (Serbia and Montenegro v United Kingdom), Provisional Measures, Order of 2 June 1999
- 9.13 Declaration of Judge Higgins Kasikili/Sedudu Island (Botswana/Namibia), Judgment
- 9.14 Declaration of Judge Higgins Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v Bahrain), Judgment
- 9.15 Joint Separate Opinion of Judges Higgins, Kooijmans, and Buergenthal Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), Judgment
- 9.16 Separate Opinion of Judge Higgins Oil Platforms (Islamic Republic of Iran v United States of America), Judgment
- 9.17 Separate Opinion of Judge Higgins Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory, Advisory Opinion
- 9.18 International Court of Justice Joint Declaration of Vice-Président Ranjeva, Judges Guillaume, Higgins, Kooijmans, Al-Khasawneh, Buergenthal, and Elaraby
- 9.19 Separate Opinion of Judge Higgins
- 9.20 Joint Separate Opinion of Judge Higgins, Judge Kooijmans, Judge Elaraby, Judge Owada, and Judge Simma Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v Rwanda), Jurisdiction and Admissibility, Judgment
- List of Cases on Which Judge Higgins has Sat*
- Part 10 The Years as President of the International Court of Justice
- 10.1 A Babel of Judicial Voices? Ruminations from the Bench
- 10.2 A Conversation with Secretary of State Condoleezza Rice
- 10.3 ‘A Just World Under Law’ Plenary Address
- 10.4 Inaugural Address Given at the Opening Ceremony of the Asian Society of International Law 7 April 2007
- 10.5 The International Court of Justice and Private International Law Thoughts The Lalive Lecture Series 9 July 2007
- 10.6 The 1907 Hague Peace Conference as a Milestone in the Development of International Law Speech Given at The Hague Academy of International Law Colloquium 6 September 2007
- 10.7 ‘The Rule of Law: Some Sceptical Thoughts’ Lecture Given at the British Institute for International and Comparative Law 16 October 2007
- 10.8 The Changing Position of Domestic Courts in the International Legal Order Speech Given at the First International Law in Domestic Courts Colloquium 27 March 2008
- 10.9 Keynote Address Given at the 60th Anniversary of the International Law Commission 19 May 2008
- 10.10 Remedies in the International Court of Justice Speech to the Sixth Committee (Legal) of the General Assembly 27 October 2006
- 10.11 Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the 61st Session of the General Assembly, 26 October 2006
- 10.12 The Judicial Determination of Relevant Facts, Speech to the Sixth Committee of the General Assembly, 2 November 2007
- 10.13 Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the 62nd Session of the General Assembly 1 November 2007
- 10.14 Jurisdiction at the International Court of Justice Speech to the Sixth Committee (Legal) of the General Assembly 31 October 2008
- 10.15 Speech by H.E. Judge Rosalyn Higgins, President of the International Court of Justice, to the 63rd Session of the General Assembly 30 October 2008
- Index
