Manual JM, la raison des plus forts... laffaire McDonalds (French Edition)

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HEAD, supra.

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However, the government itself has never taken a very clear and consistent position on this theory. William D. The sturdy veteran of 10 seasons in the Arctic freed the Manhattan from ice on at least 12 occasions. I 24 octobre p. Pharand, supra note 57, p. Selon D. Pour une analyse approfondie de cet aspect de la revendication canadienne, voy.


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La carte est reproduite par D. CDI, , p. ROACH, supra note 82, pp. SMITH, supra note 83, p. ROACH, supra note 82, p. This information and these assurances have satisfied the Government of Canada that appropriate measures have been taken by and under the authority of the Government of the United States to ensure that the Polar Sea substantially complies with the required standards for navigation in the waters of the Arctic archipelago and that in all other respects reasonable precautions have been taken to reduce the danger of pollution arising from this voyage.

CRC, ch. ACDI, , p. ROACH, supra. The United States position is that there is no basis in international law to support the Canadian claim. Muslims were not concerned that their holy places would be demolished or access to them denied; their real concern was for Islamic [political] sovereignty without which Islam itself and its mosques could not be safe. This is why most Muslims in the world passionately cling to the Turkish state and consider it as representative of the Caliphate although it lacks al the Caliphate conditions except power and independence.

Thus although the Mandate period was seminal in the Arab consciousness, it only directly touches on one case in the book, Palestine as discussed in Chapter Six. Rather than explore the period for its direct link with the cases, this section considers its symbolic legacy for Arab states on gaining independence. What legacies of territoriality and international law did Arabs draw on after their independence?


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  • Why has the state been such a contested model across the region? Aside from Arab experiences under numerous Islamic empires, particularly the Ottomans, it was the encounter with European control, either directly in the form of colonialism or indirectly with the Mandate, that was seminal in shaping the contours of Arab international legal personality. Given the many, interrelated experiences of international legal governance at hand, how have Arab states negotiated their place in international society and the international legal system? Is there a continuing role for Islamic principles, and how can these be realized in a postcolonial era?

    Although self-determination was granted to European peoples of the former German and Hourani, A History of the Arab Peoples, supra n. Crawford shows that the dominant narrative distinguished colonial rule from the Mandates; France and Britain did not possess sovereignty over these territories. Generally, see Crawford, ibid.

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    The relevant text of Article 22 reads: To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant. The peculiar cycle thus creates a situation whereby international institutions present themselves as a solution to a problem of which they are an integral part.

    Second, it was under French and British rule that lines on maps were drawn, and these borders — despite many challengers — have remained largely unchanged. Numerous violations of territorial borders, external interference and non-state actor violence all occur on a regular basis. The wishes of these communities must be a principal consideration in the selection of the Mandatory. Anghie, supra n. Some other important factors to note from the Mandate period would be its impact on the shape of Arab legal systems today, languages of instruction and school curriculum, as well as persisting commercial and personal ties.

    Until European rule, most Arabs were content to live under a fragmentary political system; being part of the qawm, or Arab people was a belief carried only by a small elite. Once independence was gained by most of the Arab world after World War II, Arab heads of state nominally ruled their assigned states but were expected to work in the interests of the Arab people as a whole and not only their citizens.

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    For example, although Africa remains embroiled in its own struggles over statehood, most of its rulers chose to reject any systematic reevaluation of the colonial legacy from as early as with the Cairo Declaration. Politically, the fallout took a little longer to materialise, but it was profound. Like Barnett, Nahas suggests that we need to view that moment of in the development of Arab nationalism through the prism of normative institutions vying for predominance. In his study of the Arab state system, Owen suggests that in fact the territorial state was the main reference point from the colonial period onwards.

    Gause, supra n. The UAR only lasted until Just as important, any scheme for greater interstate co-operation was underpinned by a basic Arabism, a sense of kinship between the Arabic-speaking peoples, which remained a central fact of Middle Eastern life whatever else might be going on.

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    Thus, although we have seen that much of the twentieth century was one of reaction against European models of statehood, it was also a period of consolidation of the state. Arabs had reacted against the colonial and Mandatory legacies Ibid. Yet we also saw that the Arab world could draw on its own tradition of territoriality that would feed into future models of the nation-state in the region. Once pan-Arabism was tested and defeated in , Islam increasingly became the main source of inspiration for alternative visions to the Arab predicament of statehood.

    Studying the Arab League provides a deeper appreciation of regional trends regarding statehood as well as mechanisms for dispute resolution. It also brought together member states culturally and linguistically closer than most other regions. Despite the appeal of pan-Arabism, particularly from the s onwards, the formation of the League took place in a context where state elites could advance parochial interests largely unhindered by the appeal of transnationalism. Foda, supra n.

    Italics added, Foda, supra n. For an excellent overview of some of these disputes and their adjudication in the colonial and postcolonial period, see J. Some examples include: The Buraimi dispute: J. For background to this dispute, see M. Foda supra n. Thus even though the Arab world could draw on planned arbitral institutions, a rich legal tradition as well as at least some support for arbitration, it seems that international adjudication bodies have come to serve as the only viable option for arbitration in the region. These organisations are discussed further in Chapter Five and Chapter Four respectively.

    For a comparative analysis of the two bodies, see M. For an interesting discussion of arbitration for private law matters in the Islamic world, see C. Between Faith and Place 93 the sovereignty norm and no real mechanisms for dispute resolution. Although the OIC can be characterised as a modern manifestation of the umma, the organisation has rejected this radical vision. The OIC is an international inter-governmental organization composed of sovereign states therefore working within the common structure of international law where member states are the main subjects.

    Perhaps like the Arab Court of Justice it will remain little more than a dream in the minds of Arab states when seeking the assistance of the ICJ. Is it possible for Arab states to introduce their particular heritage and experience of authority over territory, as will be shown in the cases?

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    Is the ICJ a forum capable of sustaining such inter-cultural debates? Are the experiences of Arab territoriality comprehensible inside the Peace Palace? See also S. Rehman, supra n. Later projections have overshadowed a complex interplay between cultures and faiths, particularly during the slow demise of the Sublime Porte. The story of the evolution of international law was more complex than the familiar narrative of exclusive European creation suggests.

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    Earlier too, despite a classical Islamic theory redolent of faith-based universalism, practice instead indicated a growing acceptance of territorially limited and delimited entities. Notwithstanding this tradition, the nature of international society today is far less variegated; the nation-state is the only model of membership available to political entities at the international level.

    It is therefore no surprise that Arab states have largely rejected the alternative of pan-Arabism in preference for well-demarcated nationhood and statehood. ICJ territorial cases have enabled a variety of Third World states, both Arab and non-Arab, to entrench their interests through the certainty provided by boundary delimitation. The practice of ICJ argumentation requires these states to construct particular narratives about not only their statehood but its relationship with norms relating to international legal personality more generally.

    To place the two cases studied in Part II into this context of historical and legal argumentation, the following discussion aims to provide the reader with an understanding about the nature of ICJ contentious cases as they relate to territory. This introductory section raises themes of relevance for both the contentious and advisory cases considered below. The following section will explore matters relating to history as well as boundary delimitation, especially the norm of uti possidetis juris.

    This might seem counter-intuitive at a conceptual level; the self precedes any relationship grounded in territory. It is uti possidetis which creates the ambit of the pertinent unit of self-determination, and which in that sense has a logical priority over self-determination. The choices confronting both African and Arab states at decolonisation are thus explored below in relation to borders and the role of the ICJ in this project.

    Because territorial adjudication relies on certain legal and historical interpretations, this section also overviews the relevant jurisprudence to highlight how limited the choices are for postcolonial states seeking selfhood.