The Case Concerning East Timor and Self-determination
AbstractThe author analyses the Case Concerning East Timor heard by the International Court of Justice in 1995 and comments on the legal and political implications of the result. He argues that the Court's rigid and formalistic approach side-stepped the substantive questions and in so doing, let Portugal's legitimate political grievance and East Timorese's rights become obscured by the misapplication of procedural requirements. The author also suggests that the "non-decision" failed to enhance the stature of the Court or to contribute to the development of principles of international law. |