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Research Handbook on International Solidarity and the Law

Edited by: Cecilia M. Bailliet

ISBN13: 9781803923741
To be Published: April 2024
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £220.00



This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.

The Research Handbook on International Solidarity and the Law analyzes the scope of international solidarity in relation to human rights and duties, in particular the need to safeguard transnational civic spaces to promote emancipatory strategies for marginalized groups. Contributors examine Third World Approaches to International Law (TWAIL) and gender perspectives, explore regional interpretations and applications, and address topical areas such as peace, development, trade law, migration, anti-corruption, corporate sustainability, law of the sea, digital technology law, and energy law. In addition, the Research Handbook highlights how the phenomenon of polarization and decoupling across the world underscores the need for institutional reform to build international solidarity.

Providing discussions on this Research Handbook will be an essential resource for students, scholars, policymakers, and practitioners of human rights law, international affairs, public international law, and peace and security law.

Subjects:
Public International Law
Contents:
1. Introduction: researching international law and international solidarity 1
Cecilia M Bailliet
2. A right of peoples and individuals to international solidarity? Analyzing its suitability, provenance, character and orientation 50
Obiora Chinedu Okafor and Maxwel Miyawa
3. Peace and solidarity: dilemmas in an age of polarization and decoupling 80
Cecilia M Bailliet
4. In view of our common humanity: international solidarity and international cooperation in an interdependent world 101
Shyami Puvimanasinghe
5. The right to international solidarity and the right to development 122
Mihir Kanade
6. Solidarity and corruption—the responsibility of foreign investors’ home states 143
Ole Kristian Fauchald
7. International trade solidarity governance split: Bretton Woods solidarity vs Bandung solidarity 178
Harrison Otieno Mbori
8. Solidarity, sustainability and the role of business 203
Beate Sjåfjell
9. The globalization of public health and the right to solidarity 223
Obijiofor Aginam
10. Climate justice and the right to solidarity 241
Usha Natarajan
11. Forging solidarity 259
Amy Chin-Arroyo and Jaya Ramji-Nogales
12. The increasing role of solidarity in the Inter-American system: from founding principle to a legal obligation? 277
Elizabeth Salmón
13. Examining the dynamics of muslim solidarity: a comparison of the organization of islamic cooperation and the arab league 297
Khurram Abbas and Zahid Shahab Ahmed
14. Solidarity rights as duty and Ubuntu consciousness 312
Sylvia Bawa
15. The African Union two-dimensional solidarity normative agenda: between contestation and cooperation 325
John-Mark Iyi
16. Solidarity in the International Court of Justice: defining “legal interest” in the South-West Africa cases 348
Vasuki Nesiah
17. Transformation of the law of the sea into an equitable legal order: international solidarity for ocean commons 366
Alla Pozdnakova
18. Legal mechanisms to ensure energy solidarity in international and EU law 399
Catherine Banet
19. Solidarity in a digitalised world: the need for a new operating system? 421
Karin M Frodé
20. Conclusion to the Research Handbook on International Solidarity and the Law 440
Cecilia M Bailliet