Iain Scobbie
Biographic Data
| ID | 5699610 |
|---|---|
| NAME | Iain Scobbie |
| GIVEN NAMES | Iain |
| FAMILY NAME | Scobbie |
| SIGNATURE | SCOBBIE I |
| AFFILIATIONS | SOAS University of London |
| ORCID | 0000-0002-5291-0079 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 9 |
| WORKS AS AUTHOR | 15 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1992 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 2 |
Violence against women’s health in international law
Premise and main argument: elaborating the new notion of violence against women's health Background Violence against women: the knowledge so far The reasons underlying the choice of the right to health and the right to reproductive health Why human rights and why women's rights? Perspective: the Hippocratic medical paradigm Structure of the book 1 The anamnesis: 'case history' on violence against women, and against women's rights to health and to…
Israeli Settlements, U.S. Foreign Policy, and International Law
U.S. Secretary of State Mike Pompeo’s statement that Israel’s settlements are not contrary to international law caused international outrage as it marked a dramatic departure from previous U.S. statements on the legality of Israel’s West Bank settlements. This paper argues that the announcement was connected to developments at the International Criminal Court (ICC) where the Prosecutor, a month later, announced that there is a reasonable basis to…
Legal Theory As a Source of International Law
This chapter argues that legal theory provides conceptions of the sources of international law that differ according to time and place. It employs Neil MacCormick’s explanation of institutional order to argue that conceptual understandings of law, including international law, are socially constructed. The chapter starts from John Austin’s denial that international law possesses the quality of law and then considers the function that sovereignty h…
International Law and the Prolonged Occupation of Palestine
All right, Mr. DeMille, I'm ready for my close-up
In his essay, 'The International Court of Justice: It is High Time to Restyle the Respected Old Lady', Professor Cassese argues that in order to maintain its position as the principal international tribunal and be attractive to potential parties, lest it lose business to others, the practice and procedure of the ICJ should be reformed in order to make it a true court of law fit for the 21st century. He sets out various changes which he thinks sho…
International Law and the Israeli-Palestinian Conflict
Introduction Susan Akram, Michael Dumper, Michael Lynk and Iain Scobbie Part I: Core Issues: Refugees and Jerusalem 1. The Palestinian Refugees: Protection and Assistance Scott Custer 2. The Palestinian Refugees: Durable Solutions Susan Akram 3. The Palestinian Refugees: Restitution and Compensation Terry Rempel and Paul Prettitore 4. Jerusalem Michael Dumper Part II: Security 5. The ICJ Advisory Opinion: Decolonization and the Law Stephanie Khou…
Regarding/Disregarding
In Mara'abe v. Prime Minister of Israel (September 2005), Israel's High Court addressed the effect which it should give to the International Court's Legal consequences of the construction of a wall in Occupied Palestinian Territory advisory opinion. This had declared the wall illegal but, while affirming that it shared the International Court of Justice's normative rulings, the High Court reiterated that it thought the wall a lawful security meas…
Slouching towards the Holy City
Slouches towards Bethlehem to be born? W.B. Yeats, The Second Coming (1921
Unchart(er)ed Waters
EJIL (2005), Vol. 16 No. 5, 941–961 doi: 10.1093/ejil/chi150 Unchart(er)ed Waters?: Consequences of the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory for the Responsibility of the UN for Palestine
Words my Mother Never Taught Me—“In Defense of the International Court”
Israel has justified the construction of its barrier wall as a nonforcible measure taken in selfdefense to protect its citizens against terrorist attacks emanating from the occupied Palestinian territory. This essay addresses two issues. First, was the International Court of Justice’s conclusion in paragraph 139 of the advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory that “Article 51 of the C…
The Invocation of Responsibility for the Breach of 'Obligations under Peremptory Norms of General International Law
The invocation of responsibility for the breach of an international obligation is a matter involving numerous substantive issues. This paper examines only two — the law of diplomatic protection and the process of international adjudication. Both these issues raise particular problems where the obligation in question is a peremptory norm of international law. All states have a legal interest in ensuring compliance with peremptory norms, whether or…
A reply to Richard Falk
The Theorist as Judge
An Introduction For British international lawyers, Hersch Lauterpacht is still a dominant presence. His work is a benchmark, an intellectual paradigm encapsulating an approach to international law which has been profoundly influential and which continues to exert a sway in British institutions. The thesis of this paper is that Lauterpacht's discharge of the judicial function constituted the implementation of his theory of international law.1 Unli…
Self-Determination Undetermined
On 22 February 1991, Portugal filed a case against Australia in the Registry of the International Court of Justice (ICJ) instituting proceedings in a dispute concerning “certain activities of Australia with regard to East Timor”. The impetus behind the case was the conclusion of the Timor Gap Treaty between Australia and Indonesia in December 1989. The application alleged that Australia's conduct had caused “particularly serious legal and moral d…
Case Concerning Certain Phosphate Lands in Nauru ( Nauru v. Australia ), Preliminary Objections Judgment
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
Discontinuance in the International Court
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
Words my Mother Never Taught Me—“In Defense of the International Court”
Israel has justified the construction of its barrier wall as a nonforcible measure taken in selfdefense to protect its citizens against terrorist attacks emanating from the occupied Palestinian territory. This essay addresses two issues. First, was the International Court of Justice’s conclusion in paragraph 139 of the advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory that “Article 51 of the C…
Self-Determination Undetermined
On 22 February 1991, Portugal filed a case against Australia in the Registry of the International Court of Justice (ICJ) instituting proceedings in a dispute concerning “certain activities of Australia with regard to East Timor”. The impetus behind the case was the conclusion of the Timor Gap Treaty between Australia and Indonesia in December 1989. The application alleged that Australia's conduct had caused “particularly serious legal and moral d…
Case Concerning Certain Phosphate Lands in Nauru ( Nauru v. Australia ), Preliminary Objections Judgment
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
Unchart(er)ed Waters
EJIL (2005), Vol. 16 No. 5, 941–961 doi: 10.1093/ejil/chi150 Unchart(er)ed Waters?: Consequences of the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory for the Responsibility of the UN for Palestine
The Invocation of Responsibility for the Breach of 'Obligations under Peremptory Norms of General International Law
The invocation of responsibility for the breach of an international obligation is a matter involving numerous substantive issues. This paper examines only two — the law of diplomatic protection and the process of international adjudication. Both these issues raise particular problems where the obligation in question is a peremptory norm of international law. All states have a legal interest in ensuring compliance with peremptory norms, whether or…
The Theorist as Judge
An Introduction For British international lawyers, Hersch Lauterpacht is still a dominant presence. His work is a benchmark, an intellectual paradigm encapsulating an approach to international law which has been profoundly influential and which continues to exert a sway in British institutions. The thesis of this paper is that Lauterpacht's discharge of the judicial function constituted the implementation of his theory of international law.1 Unli…
Discontinuance in the International Court
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
Case Concerning Certain Phosphate Lands in Nauru ( Nauru v. Australia ), Preliminary Objections Judgment
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
Self-Determination Undetermined
On 22 February 1991, Portugal filed a case against Australia in the Registry of the International Court of Justice (ICJ) instituting proceedings in a dispute concerning “certain activities of Australia with regard to East Timor”. The impetus behind the case was the conclusion of the Timor Gap Treaty between Australia and Indonesia in December 1989. The application alleged that Australia's conduct had caused “particularly serious legal and moral d…
The Theorist as Judge
An Introduction For British international lawyers, Hersch Lauterpacht is still a dominant presence. His work is a benchmark, an intellectual paradigm encapsulating an approach to international law which has been profoundly influential and which continues to exert a sway in British institutions. The thesis of this paper is that Lauterpacht's discharge of the judicial function constituted the implementation of his theory of international law.1 Unli…
A reply to Richard Falk
The Invocation of Responsibility for the Breach of 'Obligations under Peremptory Norms of General International Law
The invocation of responsibility for the breach of an international obligation is a matter involving numerous substantive issues. This paper examines only two — the law of diplomatic protection and the process of international adjudication. Both these issues raise particular problems where the obligation in question is a peremptory norm of international law. All states have a legal interest in ensuring compliance with peremptory norms, whether or…
Slouching towards the Holy City
Slouches towards Bethlehem to be born? W.B. Yeats, The Second Coming (1921
Unchart(er)ed Waters
EJIL (2005), Vol. 16 No. 5, 941–961 doi: 10.1093/ejil/chi150 Unchart(er)ed Waters?: Consequences of the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory for the Responsibility of the UN for Palestine
Words my Mother Never Taught Me—“In Defense of the International Court”
Israel has justified the construction of its barrier wall as a nonforcible measure taken in selfdefense to protect its citizens against terrorist attacks emanating from the occupied Palestinian territory. This essay addresses two issues. First, was the International Court of Justice’s conclusion in paragraph 139 of the advisory opinion Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory that “Article 51 of the C…
Regarding/Disregarding
In Mara'abe v. Prime Minister of Israel (September 2005), Israel's High Court addressed the effect which it should give to the International Court's Legal consequences of the construction of a wall in Occupied Palestinian Territory advisory opinion. This had declared the wall illegal but, while affirming that it shared the International Court of Justice's normative rulings, the High Court reiterated that it thought the wall a lawful security meas…
International Law and the Israeli-Palestinian Conflict
Introduction Susan Akram, Michael Dumper, Michael Lynk and Iain Scobbie Part I: Core Issues: Refugees and Jerusalem 1. The Palestinian Refugees: Protection and Assistance Scott Custer 2. The Palestinian Refugees: Durable Solutions Susan Akram 3. The Palestinian Refugees: Restitution and Compensation Terry Rempel and Paul Prettitore 4. Jerusalem Michael Dumper Part II: Security 5. The ICJ Advisory Opinion: Decolonization and the Law Stephanie Khou…
All right, Mr. DeMille, I'm ready for my close-up
In his essay, 'The International Court of Justice: It is High Time to Restyle the Respected Old Lady', Professor Cassese argues that in order to maintain its position as the principal international tribunal and be attractive to potential parties, lest it lose business to others, the practice and procedure of the ICJ should be reformed in order to make it a true court of law fit for the 21st century. He sets out various changes which he thinks sho…
International Law and the Prolonged Occupation of Palestine
Legal Theory As a Source of International Law
This chapter argues that legal theory provides conceptions of the sources of international law that differ according to time and place. It employs Neil MacCormick’s explanation of institutional order to argue that conceptual understandings of law, including international law, are socially constructed. The chapter starts from John Austin’s denial that international law possesses the quality of law and then considers the function that sovereignty h…
Violence against women’s health in international law
Premise and main argument: elaborating the new notion of violence against women's health Background Violence against women: the knowledge so far The reasons underlying the choice of the right to health and the right to reproductive health Why human rights and why women's rights? Perspective: the Hippocratic medical paradigm Structure of the book 1 The anamnesis: 'case history' on violence against women, and against women's rights to health and to…
Israeli Settlements, U.S. Foreign Policy, and International Law
U.S. Secretary of State Mike Pompeo’s statement that Israel’s settlements are not contrary to international law caused international outrage as it marked a dramatic departure from previous U.S. statements on the legality of Israel’s West Bank settlements. This paper argues that the announcement was connected to developments at the International Criminal Court (ICC) where the Prosecutor, a month later, announced that there is a reasonable basis to…
Political science (16 works) · International Law and Human Rights (13 works) · International law (10 works) · Law (10 works) · Law (9 works) · Sociology (7 works) · Public international law (6 works) · Jewish and Middle Eastern Studies (5 works) · Economic Justice (4 works) · International court (4 works)