James Crawford
Biographic Data
| ID | 3598680 |
|---|---|
| NAME | James Crawford |
| GIVEN NAMES | James |
| FAMILY NAME | Crawford |
| SIGNATURE | CRAWFORD J |
| AFFILIATIONS | University of Cambridge |
| VERIFIED | No |
| TOTAL WORKS | 75 |
| TOTAL CITATIONS | 179 |
| AUTHOR COUNT | 72 |
| EDITOR COUNT | 3 |
| FIRST PUBLICATION YEAR | 1925 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 7 |
“Because Representation Matters”: Supporting Black Males to and Through STEM Graduate School
Evaluation of the emission inventory for large point emission sources in South Korea by applying measured data from the Nasa/Nier Korus-AQ aircraft field campaign
One of the major issues in determining a region’s air quality is the uncertainty of large point sources (LPSs) emissions, which significantly affect the local-regional air quality. In this study, the SO2 and NOx emissions of 5 major LPSs in South Korea were evaluated by comparing the emissions-based concentrations employing a Gaussian dispersion model with aircraft-based measurements from DC-8 “around-the-stack” flights through the National Aeron…
Edge of the Plain: How Borders Make and Break Our World
A Necessary Pairing: Using Academic Outcomes and Critical Consciousness to Dismantle Curriculum as the Property of Whiteness in K-12 Ethnic Studies
Using Critical Race Theory, the authors explore how K-12 Ethnic Studies attempts to dismantle curriculum as the property of Whiteness by replacing it with a social justice education curriculum that centers the lived experiences and epistemologies of people of color. The authors assert that when Ethnic Studies programs cultivate a dual focus on developing critical consciousness and academic skills, these programs can de-center Whiteness and better…
Interpretation of the human rights treaties by the International Court of Justice
The subject of this article is the role of the International Court of Justice (ICJ or Court) in interpreting human rights treaties. The article first sets out the limits of the Court’s jurisdiction on human rights questions. Second, it analyses the ICJ’s interpretive techniques, based also on cases concerning general treaty interpretation, in order to examine whether the Court has adopted an interpretive methodology comparable to some of the tech…
The Current Political Discourse Concerning International Law
Reading current statements of world leaders on subjects relevant to international law is liable to cause confusion, even distress to those for whom the 1945 regulatory arrangements, as completed in the post‐Cold War era, have become the norm. On occasions international law is invoked, but in what seems an increasingly antagonistic way, amounting often to a dialogue of the deaf. At other times it is apparently or even transparently ignored. This t…
State Responsibility: The General Part
International Human Rights
This chapter begins with a brief history of the emergence of human rights in the sphere of international law and organization, and then discusses the sources of human rights standards, non-discrimination and collective rights, scope of human rights standards, and the protection and enforcement of human rights.
The Use or Threat of Force by States
This chapter discusses international law governing the use or threat of force by states. The UN Security Council has primary responsibility for enforcement action to deal with breaches of the peace, threats to the peace, or acts of aggression. Individual member states have the right of individual or collective self-defence, but only ‘until the Security Council has taken measures necessary to maintain international peace and security’. Enforcement…
Status of Territory: Further Problems
This chapter, which begins with a discussion of international procedures of territorial disposition, covers agreement between the states concerned, joint decision of the principal powers, and action by United Nations organs. It then turns to the issue of sovereignty displaced or in abeyance, covering territory sub iudice , territory title to which is undetermined, terra nullius , res communis , territorial entities (other than states) enjoying le…
Forms of Governmental Authority over Territory
This chapter begins with a brief discussion of the concept of territory. It then explains key terms and distinctions, including sovereignty and jurisdiction, sovereignty and ownership, sovereignty and administration, and ‘sovereign rights’ beyond state territory. This is followed by discussions of territorial administration separated from state sovereignty and restrictions on disposition of territory.
Third-Party Settlement of International Disputes
This chapter discusses the settlement of international disputes. It covers arbitration and the origins of international dispute settlement; the idea of judicial settlement of international disputes; the International Court of Justice, interstate arbitration, dispute settlement under UNCLOS, the WTO dispute settlement body, and international investment tribunals.
Diplomatic and Consular Relations
The rules of international law governing diplomatic relations are at the most formal end of the spectrum of international communication, and are the product of long-established state practice reflected in treaties, national legislation, and judicial decisions. The law has now been codified substantially in the Vienna Convention on Diplomatic Relations. This chapter discusses the general legal aspects of diplomatic relations; staff, premises, and …
Subjects of International Law
This chapter on subjects of international law discusses established legal persons and special types of personality. Established legal persons cover states, entities legally proximate to states, entities recognized as belligerents, international administration of territories prior to independence, international organizations, and individuals. Special types of personality cover public and private corporations, non-self-governing peoples, and entiti…
The Relations of International and National Law
This chapter, which explores the relationship between international and national law, discusses international law in the common law tradition and international law in the civil law tradition. It suggests that each system is supreme in its own field; neither has hegemony over the other. And yet any generalities offered can only provide a background to the complex relations between the national and international systems. Three factors operate. The …
Recognition of States and Governments
This chapter begins with a discussion of the ‘declaratory’ and ‘constitutive’ views of recognition. The declaratory theory of recognition is opposed to the constitutive view, according to which the political act of recognition is a precondition of the existence of legal rights: in its extreme form this implies that the very personality of a state depends on the political decision of other states. The discussions then turn to the recognition of st…
The International Minimum Standard: Persons and Property
This chapter argues that the law which has developed under the rubric of diplomatic protection is now affected by the jurisprudence of tribunals sitting under bilateral and multilateral investment treaties. It considers two discrete streams of authority – one based on the practice and jurisprudence of diplomatic protection, the other based on the generic standards in over 2,500 bilateral investment treaties, as applied in some 300 reported or unr…
International Criminal Justice
This chapter discusses the development of international criminal law and institutions, international criminal courts and tribunals, and international criminal justice in national courts. It argues that these developments are no cause for celebration: they reflect repeated failures to prevent serious violations of human rights and international humanitarian law. The deterrent effect of international prosecutions is unclear, and probably always wil…
Legal Aspects of the Protection of the Environment
This chapter begins with a discussion of the role of international law in addressing environmental problems. It then reviews the following legal principles: the preventive principle, the precautionary principle, the concept of sustainable development, the polluter-pays principle, the sic utere tuo principle, and the obligation of environmental impact assessment. Next, the chapter details the development of multilateral standard-setting convention…
The Territorial Sea and Other Maritime Zones
This chapter discusses international law governing the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone/fisheries zone, and other zones for special purposes.
Unilateral Acts; Estoppel
This chapter discusses the concepts of unilateral acts and estoppel, and the relation between the two. The two institutions were imported in international law from the systems of civil and common law respectively, and grew up separately, shading into each other. While both are rooted in the principle of good faith, unilateral acts are in their essence statements or representations intended to be binding and publicly manifested as such, whereas es…
Common Spaces and Co-operation in the Use of Natural Resources
This chapter discusses some legal issues that can arise in connection with the use of shared resources; the generation and use of energy and other uses of transboundary water resources; and other forms of transboundary co-operation, as well as issues specific to the polar regions and outer space.
Creation and Incidence of Statehood
The state is a type of legal person recognized by international law. Yet, since there are other types of legal persons so recognized, the possession of legal personality is not in itself a sufficient mark of statehood. This chapter discusses the legal criteria of statehood, some issues of statehood, secession and self-determination, and identity and continuity of states.
Multilateral Public Order and Issues of Responsibility
This chapter begins with a discussion of how international law has remained imprecise with respect to the scope and consequences of serious, systemic illegality, and considers developments that have made collective action under law possible. It also reviews the objective consequences of illegal acts, covering peremptory norms ( ius cogens ), the obligation not to recognize a situation as lawful, and the obligation of putting an end to an unlawful…
The Conditions for International Responsibility
This chapter discusses international law governing responsibility. It covers the basis and character of state responsibility, attribution to the state, breach of an international obligation, and circumstances precluding wrongfulness.
Brownlie's Principles of Public International Law
Serving as a single-volume introduction to the field as a whole, Brownlie’s Principles of Public International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It aims to identify the constituent elements of that system in a clear way. This eighth edition has been completely updated to take account of the many areas of expansion and deve…
The Campaign Against Proposition 227: A Post Mortem
The so-called “English for the Children” initiative signals a new phase of English-only activism, broader in its appeal and more direct in its assault on educational programs. Its lopsided victory in California shows that advocates for language-minority students have yet to develop an effective response. As the campaign to dismantle bilingual programs moves to other states, there is an opportunity to learn from mistakes made in opposing Propositi…
The ILC’s Articles on Responsibility of States for Internationally Wrongful Acts: A Retrospect
The development of the articles on state responsibility of the International Law Commission (ILC) has been described elsewhere, in particular in the ILC’s Yearbook . The phases of development of the first (1955-1996) andsecond (1998-2001) readings are well enough known, and there is little point in repeating this material. Whatever the trials and longueurs of their production, the articles with their commentaries now exist and may be assessed as …
The Significance of the Archaeological Discoveries at Hopefield, South Africa
THE GENERAL LOCATION AND APPEARANCE of the four square miles of fossiliferous and implementiferous sands on the farm 'Elandsfontein', ten miles from Hopefield and ioo miles from Cape Town, have previously been referred to (Drennan I954; Singer I954), and a fairly comprehensive report on the surface geology has now been published (Mabbutt I956). Since the location of the site by one of us (R.S.) in I95I, approximately i,ooo artifacts and over 6oo …
Execution of Judgments and Foreign Sovereign Immunity
The extent to which foreign sovereigns are entitled to immunity in municipal courts has attracted a vast literature, in recent years especially. The majority view now seems to be that immunity need not extend to commercial transactions entered into by the state, although the precise scope of this “exception” remains unsettled, and the role of international law in “extending” or “withholding” immunity has not yet, perhaps, been clearly analyzed. I…
Teacher Autonomy and Accountability in Charter Schools
Endangered Native American Languages: What is to be Done, and Why
Language loss, a global phenomenon, is accelerating among indigenous groups in the United States. A large majority of Native American vernaculars are spoken only by elders and the remainder are fast approaching that status, as growing numbers of children speak only English. Inevitably comparisons are drawn between the threat to language diversity and the (better-publicized) threat to biological diversity. Yet biomorphic metaphors—e.g. "language m…
The ILC Adopts a Statute for an International Criminal Court
As an offshoot of its work on a Code of Crimes against the Peace and Security of Mankind, the International Law Commission has for the past several years been working on the idea of an international criminal court. At its forty-fourth session in 1992, the Commission established a working group, which laid down basic parameters for a Draft Statute. The general approach of the working group was endorsed by the Commission and by the General Assembly…
Revising the draft articles on state responsibility
This article reviews some major issues involved in revising Part 1 of the 1980 draft on state responsibility and responds to comments made in this symposium. In the author's view: (a) there is no single principle of fault as a basis for state responsibility in international law, nor is the possibility of no-fault responsibility a priori excluded. The debate is thus a false one. Retaining Articles 1 and 3 recognizes that the particular standard of…
The Continuing Debate on a un Convention on State Responsibility
At its 59th session in 2004, the General Assembly revisited the question of what should be done with the Articles on Responsibility of States for Internationally Wrongful Acts (‘the Articles’), adopted by the International Law Commission (‘ILC’) in 2001. By Resolution 59/35, adopted by consensus on 2 December 2004 on the recommendation of the Sixth Committee, the General Assembly once again resolved to defer further consideration and any decision…
The ILC’s Draft Statute for an International Criminal Tribunal
At its forty-fifth session in 1993, the International Law Commission took note of the report of a working group containing a Draft Statute for an International Criminal Tribunal, and transmitted that report to the General Assembly for comment. This is the second stage in a process that began in 1992, when the Commission established a Working Group on an International Criminal Court, which laid down the basic parameters for a draft statute. Its ge…
The Creation of the State of Palestine: Too Much Too Soon
Journal Article The Creation of the State of Palestine: Too Much Too Soon? Get access James Crawford James Crawford * Challis Professor of International Law, Dean, Faculty of Law, University of Sydney; Associi, Institut de Droil International Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 1, Issue 1, 1990, Pages 307–313, https://doi.org/10.1093/oxfordjournals.ejil.a035774 Pub…
The ILC’s Draft Articles on State Responsibility: Toward Completion of a Second Reading
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Current Political Discourse Concerning International Law
Reading current statements of world leaders on subjects relevant to international law is liable to cause confusion, even distress to those for whom the 1945 regulatory arrangements, as completed in the post‐Cold War era, have become the norm. On occasions international law is invoked, but in what seems an increasingly antagonistic way, amounting often to a dialogue of the deaf. At other times it is apparently or even transparently ignored. This t…
Drug education: Pushing or preventing
There is a body of evidence accumulating which indicates that drug abuse among high school and college students is an increasing social phenomenon.' This trend has caused widespread concern among parents and educators who feel something should be done to stem the tide of drug abuse. The most popular response to this problem has been to establish some type of drug education program that will inform the youth of the inherent dangers associated with…
Interpretation of the human rights treaties by the International Court of Justice
The subject of this article is the role of the International Court of Justice (ICJ or Court) in interpreting human rights treaties. The article first sets out the limits of the Court’s jurisdiction on human rights questions. Second, it analyses the ICJ’s interpretive techniques, based also on cases concerning general treaty interpretation, in order to examine whether the Court has adopted an interpretive methodology comparable to some of the tech…
Islands as Sovereign Nations
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Australian Law Reform Commission ́s Reference on the Recognition of Aboriginal Customary Law
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
The International Law Standard in the Statutes of Australia and the United Kingdom
In a series of articles in this Journal , Professor Robert Wilson drew attention to the incorporation of references to international law in United States statutes, a technique designed to allow recourse to international law by the courts in interpreting and implementing those statutes, and, consequently, to help ensure conformity between international and U.S. law. The purpose of this article is to survey the references, direct and indirect, to i…
Photo-Mechanical Processes of Map Production: Discussion
The Significance of the Archaeological Discoveries at Hopefield, South Africa
THE GENERAL LOCATION AND APPEARANCE of the four square miles of fossiliferous and implementiferous sands on the farm 'Elandsfontein', ten miles from Hopefield and ioo miles from Cape Town, have previously been referred to (Drennan I954; Singer I954), and a fairly comprehensive report on the surface geology has now been published (Mabbutt I956). Since the location of the site by one of us (R.S.) in I95I, approximately i,ooo artifacts and over 6oo …
Spanish Drama Before Lope de Vega
Drug education: Pushing or preventing
There is a body of evidence accumulating which indicates that drug abuse among high school and college students is an increasing social phenomenon.' This trend has caused widespread concern among parents and educators who feel something should be done to stem the tide of drug abuse. The most popular response to this problem has been to establish some type of drug education program that will inform the youth of the inherent dangers associated with…
The International Law Standard in the Statutes of Australia and the United Kingdom
In a series of articles in this Journal , Professor Robert Wilson drew attention to the incorporation of references to international law in United States statutes, a technique designed to allow recourse to international law by the courts in interpreting and implementing those statutes, and, consequently, to help ensure conformity between international and U.S. law. The purpose of this article is to survey the references, direct and indirect, to i…
Execution of Judgments and Foreign Sovereign Immunity
The extent to which foreign sovereigns are entitled to immunity in municipal courts has attracted a vast literature, in recent years especially. The majority view now seems to be that immunity need not extend to commercial transactions entered into by the state, although the precise scope of this “exception” remains unsettled, and the role of international law in “extending” or “withholding” immunity has not yet, perhaps, been clearly analyzed. I…
The Australian Law Reform Commission ́s Reference on the Recognition of Aboriginal Customary Law
Law and Politics in Africa, Asia and Latin America" analyses legal and constitutional developments in all states or regions outside of Europe as well as their regional and international integration. Founded in 1968 and inspired by decolonization and the idea of a cooperative new beginning, the Journal also promotes a special interest in contributions on 'Law and development'. The journal aims to provide a forum for a variety of perspectives on th…
Three Heresies in the Application of the Refugee Convention
This article examines three heresies current in the treatment of refugees and the determination of refugee status: that to be a refugee requires a ‘singling out’ or individualization; that no obligations are owed to refugees destined to another country, or who are regarded as another State's responsibility; and that non-Ttfoulement does not apply to persons in detention, where the local law ‘deems’ such persons not to have entered the country. Th…
Islands as Sovereign Nations
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Australian Immigration Law and Refugees: The 1989 Amendments
In 1989, major amendments were made to the Australian Migration Act 1958, and a new set of Migration Regulations, and accompanying administrative directions, followed. Replacing a system based on discretionary administrative decisions, the amendments sought to reduce the process to the application of formulae, to restrict the scope for entry on humanitarian grounds, and to introduce a system of mandatory deportation of illegal immigrants. However…
The Creation of the State of Palestine: Too Much Too Soon
Journal Article The Creation of the State of Palestine: Too Much Too Soon? Get access James Crawford James Crawford * Challis Professor of International Law, Dean, Faculty of Law, University of Sydney; Associi, Institut de Droil International Search for other works by this author on: Oxford Academic Google Scholar European Journal of International Law, Volume 1, Issue 1, 1990, Pages 307–313, https://doi.org/10.1093/oxfordjournals.ejil.a035774 Pub…
Bilingual education: History, Politics, Theory, and Practice
The Rights of peoples
The Rights of Peoples: ‘Peoples’ or ‘Governments’?
From the perspective of international law, the key feature of the phrase ‘rights of peoples’ is not the term ‘rights’, but the term ‘peoples’. From a philosophical point of view, no doubt, the term ‘rights’ is itself problematic. But lawyers, including international lawyers, are used to talking about rights, and so long as one accepts Hohfeld’s point that one person’s right must mean another person’s duty, the term seems unremarkable even in the …
The ILC’s Draft Statute for an International Criminal Tribunal
At its forty-fifth session in 1993, the International Law Commission took note of the report of a working group containing a Draft Statute for an International Criminal Tribunal, and transmitted that report to the General Assembly for comment. This is the second stage in a process that began in 1992, when the Commission established a Working Group on an International Criminal Court, which laid down the basic parameters for a draft statute. Its ge…
Endangered Native American Languages: What is to be Done, and Why
Language loss, a global phenomenon, is accelerating among indigenous groups in the United States. A large majority of Native American vernaculars are spoken only by elders and the remainder are fast approaching that status, as growing numbers of children speak only English. Inevitably comparisons are drawn between the threat to language diversity and the (better-publicized) threat to biological diversity. Yet biomorphic metaphors—e.g. "language m…
The ILC Adopts a Statute for an International Criminal Court
As an offshoot of its work on a Code of Crimes against the Peace and Security of Mankind, the International Law Commission has for the past several years been working on the idea of an international criminal court. At its forty-fourth session in 1992, the Commission established a working group, which laid down basic parameters for a Draft Statute. The general approach of the working group was endorsed by the Commission and by the General Assembly…
Negotiating Global Security Threats in a World of Nation States: Issues and Problems of Sovereignty
The Campaign Against Proposition 227: A Post Mortem
The so-called “English for the Children” initiative signals a new phase of English-only activism, broader in its appeal and more direct in its assault on educational programs. Its lopsided victory in California shows that advocates for language-minority students have yet to develop an effective response. As the campaign to dismantle bilingual programs moves to other states, there is an opportunity to learn from mistakes made in opposing Propositi…
Israel (1948–1949) and Palestine (1998–1999): Two Studies in the Creation of States
This chapter examines the history of the creation of the states of Israel in 1948 and Palestine in 1998. Thus far, international law has distinguished between the right to self-determination and the actual achievement of statehood. It can be argued that the position is different when the requirement in favour of the statehood of a given territory is imposed by general international law, and in particular by a peremptory norm such as the right to …
Revising the draft articles on state responsibility
This article reviews some major issues involved in revising Part 1 of the 1980 draft on state responsibility and responds to comments made in this symposium. In the author's view: (a) there is no single principle of fault as a basis for state responsibility in international law, nor is the possibility of no-fault responsibility a priori excluded. The debate is thus a false one. Retaining Articles 1 and 3 recognizes that the particular standard of…
At War with Diversity: U.S. Language Policy in an Age of Anxiety
Bilingualism is a reality that many Americans still find difficult to accept; hence the prominence of English-only activism in U.S. politics. This collection of essays analyzes the sources of the anti-bilingual movement, its changing directions, and its impact on education policy. The book also explores efforts to resist the English-only trend, including projects to revitalize Native American languages
The ILC’s Draft Articles on State Responsibility: Toward Completion of a Second Reading
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Teacher Autonomy and Accountability in Charter Schools
At War with Diversity: U.S. Language Policy in an Age of Anxiety
Political science (50 works) · Law (40 works) · International Law and Human Rights (28 works) · Sociology (20 works) · Law (16 works) · Psychology (15 works) · Computer Science (14 works) · International law (14 works) · Business (13 works) · International Arbitration and Investment Law (13 works)