- Tytuł:
- Krzysztof Skubiszewski and the Right to Self-determination: Past and Future
- Autorzy:
- Hilpold, Peter
- Powiązania:
- https://bibliotekanauki.pl/articles/706595.pdf
- Data publikacji:
- 2020-10-26
- Wydawca:
- Polska Akademia Nauk. Instytut Nauk Prawnych PAN
- Tematy:
-
Chagos Islands
East Timor
human rights
ICJ
International Court of Justice
self-determination
Skubiszewski
in memoriam - Opis:
- In 1995, Professor Krzysztof Skubiszewski added a Dissenting Opinion to the East Timor Judgment, wherein the ICJ declined jurisdiction in a proceeding started by Portugal against Australia for its having concluded the East Timor Gap treaty with Indonesia, in blatant violation of the East Timorese’s right to self-determination. Ad-hoc Judge Skubiszewski posited that the Court should have accepted jurisdiction and he presented a series of convincing arguments for this proposition. In 2019 the ICJ rendered an Opinion in the Chagos Islands case. The fact that the ICJ accepted jurisdiction in this case demonstrates that an impressive development has taken place since 1995, one whereby many of Professor Skubiszewski’s requests have been implemented. At the same time however, the Chagos Opinion is not fully satisfying as it neglects, to a considerable extent, the human rights issue. This contribution shows that Skubiszewski’s Dissenting Opinion would have provided guidance also for these questions and that it remains as topical today as it was in 1995.
- Źródło:
-
Polish Yearbook of International Law; 2019, 39; 21-35
0554-498X - Pojawia się w:
- Polish Yearbook of International Law
- Dostawca treści:
- Biblioteka Nauki
Artykuł