Research Handbook on International Solidarity and the Law

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Research Handbook on International Solidarity and the Law

9781803923741 Edward Elgar Publishing
Edited by Cecilia M. Bailliet, Professor, Department of Public and International Law, University of Oslo, Norway, and UN Independent Expert on Human Rights and International Solidarity
Publication Date: April 2024 ISBN: 978 1 80392 374 1 Extent: c 496 pp
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.

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Critical Acclaim
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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.
Critical Acclaim
‘This masterfully insightful Research Handbook powerfully shows that solidarity is now quickly replacing notions such as cooperation and conflict as ways of understanding the nature of international governance. Solidarity, this Research Handbook shows, foregrounds egalitarian values that center the rights and interests of oppressed individuals and groups and comprehensively makes the overdue case for continuing to solidify solidarity as a norm in international law.’
– James Gathii, Loyola University Chicago School of Law, US

‘The concept of solidarity has often been invoked in international law and relations. This rich collection of essays is pioneering in demonstrating and exploring the potential of this concept. These essays explore historical and conceptual dimensions of solidarity, as well as how it might be used to address so many of the crises we face. This is an important and compelling volume.’
– Antony Anghie, National University of Singapore and University of Utah, US
Contributors
Contributors include: Khurram Abbas, Obijiofor Aginam, Zahid Shahab Ahmed, Cecilia M. Bailliet, Catherine Banet, Sylvia Bawa, Amy Chin-Arroyo, Ole Kristian Fauchald, Karin M. Frodé, Mihir Kanade, John-Mark Iyi, Harrison Otieno Mbori, Maxwel Miyawa, Usha Natarajan, Vasuki Nesiah, Obiora Chinedu Okafor, Alla Pozdnakova, Shyami Puvimanasinghe, Jaya Ramji-Nogales, Elizabeth Salmón, Beate Sjåfjell
Contents
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
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