bluuebunny/crossref_metadata_2025 huggingface dataset:
Interim Measures of Protection in the International Court of Justice
Authors: Goldsworthy Peter J.
Published: April 2006

Two recent cases in the International Court of Justice have given new
prominence to the role of interim measures of protection in international controversies. The circumstances of both the Icelandic fisheries litigation and the Australian and New Zealand application to prevent the holding of French nuclear tests in the Pacific Ocean were such as to promise an enhanced role for interim measures in interstate conflicts. First, the jealousy with which states guard their natural resources and the continuing competition for those resources, especially in the high seas, have occasioned disputes in which a potential conflict management role for interim measures has been foreshadowed. The classic award of interim measures of protection, the Anglo-Iranian Oil Company Case (Interim Measures o f Protection) (United Kingdom v. Iran) 1 was made in this context, as was the order in Fisheries Jurisdiction (United Kingdom v.Iceland), Interim Protection.2 Secondly, in both cases, the indication of interim measures was disregarded. The effective role of interim measures is thus related to the general problem of improving the acceptability of the Court to states. Interim measures of protection, as an adjunct of the ,judicial process, reflect the perennial judicial concern for effective decisionmaking.The present debate on the role of the International Court of Justice has, to a large extent, concentrated on the lack of confidence shown by states in the Court. The length of time which elapses before final judgment has constituted a serious objection to the proceedings of the Court. Interim measures may have a role to play in ameliorating this situation3 for the duration of proceedings is of less concern when the rights of the parties receive interim protection. Thirdly, interim measures, may prove a unique means of preventing abuses of the human environment at the international level. The current emphasis on problems of the environment, especially pollution in international areas such as the high seas and pollution transcending state borders, has given rise to a growing demand that environmental abuses be nipped in the bud. States are unlikely to be satisfied with final judgments after irreparable damage to the environment has been caused. Increasing awareness of the global dimensions of these problems, the greater consciousness of the interdependence of states and of the inevitable impact of natural activities upon the environments of other states, should lead to a strengthening of the preventive role of the international judicial process. In this area, the institution of interim measures of protection, such as the injunction, has a potential role of great significance.
The Function of the Oath in the Ancient Near Eastern International Treaty
Authors: Magnetti Donald L.
Published: April 2006

Few areas of the world have had such a profound effect upon history as that of the Near East. Egypt, Babylonia, Assyria, the Hittite Empire, Phoenicia, Syria, ancient Israel and Judah, and the smaller kingdoms and states of the area interacted through three thousand years until Rome occupied almost the entire area. The Fertile Crescent is not a vast area, so the various civilizations and cultures were in frequent contact.
Destination Embargo of Arab Oil: Its Legality Under International Law
Authors: Shihata Ibrahim F. I.
Published: April 2006

The use of Arab oil as an instrument of pressure for the revival of dormant efforts to restore peace in the Middle East was already a popular demand in many Arab countries before the outbreak of Arab-Israeli hostilities in October 1973. The political argument was simple. Production of oil beyond certain limits did not make economic sense for many Arab countries. Their depleting crude was increasingly converted into depreciating dollars and pounds yielding in fact a lower economic return than that achieved by simply keeping it in the ground. Worse still, this conversion was taking place in countries with few alternative resources and with a rather limited absorption capacity for the generated funds. Unchecked production was thus an economic sacrifice that could only be interpreted as a political favor to the consuming countries. Instead of responding positively to such a favor, the United States and most of its Western allies continued to ignore the vital interests of the Arab states. In particular, they either acquiesced in or actually encouraged the continuation of Israel's territorial expansion at the expense of its neighboring Arab states,1 and of its refusal to implement the United Nations resolutions on the rights of the Arab Palestinian people
Public Debt and Sovereign Immunity: The Foreign Sovereign Immunities Act of 1976
Authors: Delaume Georges R.
Published: April 2006

The Foreign Sovereign Immunities Act of 1976 (the Act) took effect on January 19, 1977, some six months after the entry into force of the European Convention on State Immunity (the Convention). Both instruments are of direct interest to the financial community since they dispel vestigial fictions concerning the public debt of foreign sovereigns and extend to the borrowings of foreign sovereigns the restrictive doctrine of immunity generally applicable to contracts concluded by foreign states.
Territorial Sovereignty and the Problem of Transnational Pollution
Authors: Handl Günther
Published: April 2006

In the case concerning the legality of French atmospheric nuclear testing in the South Pacific presently before the ICJ, an issue has been raised of far-reaching implications for the general law of state responsibility for environmental damage.
The 1974 Diplomatic Conference on Humanitarian Law: Some Observations
Authors: Forsythe David P.
Published: April 2006

The 1974 Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts was the first attempt by a full-fledged diplomatic conference in 25 years to create new law for the protection of victims of wars. It was also the first time in some 40 years that a diplomatic conference has taken up the question of restricting the use of conventional weapons. And it was the first time since before World War I that an international conference had looked extensively at the question of methods of attack and had weighed their impact on the civilian population.
The Dispute between Greece and Turkey Concerning the Continental Shelf in the Aegean
Authors: Gros Leo
Published: April 2006

On August 10, 1976, Greece addressed a communication to the President of the Security Council requesting an urgent meeting of the Council on the ground that “following recent repeated flagrant violations by Turkey of the sovereign rights of Greece in the continental shelf in the Aegean, a dangerous situation has been created threatening international peace and security.” On the same day, by unilateral application, Greece instituted proceedings in the International Court of Justice against Turkey in “a dispute concerning the delimitation of the continental shelf appertaining to Greece and Turkey in the Aegean Sea, and concerning the respective legal rights of those States to explore and exploit the continental shelf of the Aegean.” Also on the same day Greece filed a request for interim measures of protection asking the Court to direct that both Greece and Turkey
The Revised OAS Charter and the Protection of Human Rights
Authors: Buergenthal Thomas
Published: April 2006

The “Protocol of Buenos Aires,” which revised the Charter of the Organization of American States, entered into force in 1970. It changed the legal status of the Inter-American Commission on Human Rights in a number of important respects and strengthened the normative character of the American Declaration of the Rights and Duties of Man. These are most significant developments, and yet they have gone largely unnoticed in the literature.
Flags of Convenience Vessels: Recent Developments
Authors: Osieke Ebere
Published: April 2006

The phenomenon to which the expression “flags of convenience” is applied dates back to the end of the First World War when certain nontraditional maritime countries, especially Panama, Liberia, and Honduras, started to register foreign-owned vessels under their flags for economic reasons and exercised minimal control over the activities and operations of these vessels. This practice aroused considerable controversy and opposition. The seafarers’ unions were concerned about the low standards alleged to prevail on these vessels and about the loss of job opportunities for seamen from traditional maritime countries. The shipowners from certain European countries, supported by their governments, saw the practice as one that generated serious competition against them, especially because of the virtual tax-free concessions accorded to the owners of flags of convenience vessels.
The Egyptian-Israeli Peace Treaty and Access to the Gulf of Aqaba: A New Legal Regime
Authors: ElBaradei Mohamed
Published: April 2006

The Gulf of Aqaba is a long, narrow body of water on the eastern side of the Sinai Peninsula. The western shore is Egyptian, the eastern shore is Saudi Arabian, and the head of the Gulf is Israeli and Jordanian territory. The islands of Tiran and Sanafir front the entrance and have been under Egyptian occupation since 1950. Saudi Arabia, however, maintains the claim that the two islands are Saudi Arabian territory. The length of the Gulf is about 96 miles; the breadth at the entrance to the Gulf is 5¾ miles; at its widest the Gulf measures 14½ miles. The entrance to the Gulf is through the Strait of Tiran (about 3 miles wide), between Tiran Island and the Egyptian coast. There are two passages in the Strait; Enterprise Passage and Grafton Passage, 1,300 and 950 yards wide, respectively. Enterprise Passage, which lies close to the Sinai Peninsula coast, is the principal navigation channel into the Gulf, and the only channel that can be navigated safely by vessels of substantial size. On the coastline, Egypt and Saudi Arabia each have over 100 miles of territory; also Jordanian territory encompasses about 3½ miles and the territory of Israel about 6 miles.
The Regime of Straits and the Third United Nations Conference on the Law of the Sea
Authors: Moore John Norton
Published: April 2006

The negotiations at the Third United Nations Conference on the Law of the Sea have been the most important catalyst of this century for a new legal and political order for the oceans. The conference, together with its preparatory work within the “Seabeds Committee,” has indelibly stamped ocean perspectives. Even without a widely acceptable, comprehensive treaty the influence of these perspectives on state practice will be profound—indeed, it already has been, for example, in legitimizing 200-mile coastal fisheries jurisdiction. If the conference is able to clear the remaining hurdles, particularly that of deep seabed mining, the new treaty is likely to govern oceans law for the foreseeable future.
The Law of the Sea Convention and Third States
Authors: Lee Luke T.
Published: April 2006

The decision of the United States and 22 other countries not to sign the Law of the Sea Convention in Montego Bay, Jamaica, on December 10, 1982, raises the important question of the legal effects of the. Convention upon nonsignatories (hereinafter referred to as “third states”). Will the latter be entitled to claim and enjoy treaty provisions beneficial to them, such as those pertaining to military or commercial navigation through international straits, including submerged passage and overflight rights, or will these rights be considered as contractual in nature, exercisable only by states parties? Clearly, the question is of critical importance to the regime of the law of the sea. Since there has been to date no systematic legal analysis of this important question in debates surrounding the Law of the Sea Convention, this essentially legal question has been consigned to general policy pronouncements.
The Proposed Iran Claims Act of the United States
Authors: Leich Marian Nash
Published: April 2006

On September 14, 1982, the Department of State submitted proposed legislation (S. 2967) to Congress that would authorize the Foreign Claims Settlement Commission to adjudicate “small” claims of U.S. nationals against Iran, i.e., those for less than $250,000, in the event of an agreement between the United States and Iran for an en bloc settlement to cover such claims. The Commission’s adjudications would be made in accordance with the provisions and procedures of the International Claims Settlement Act of 1949, as amended, subject to the provisions of the relevant claims settlement agreements (the Claims Settlement Agreement of the Algiers Accords and any lump sum settlement agreement negotiated with Iran).
The Panama Canal Treaty and Jurisdiction of U.S. Courts
Authors: Leich Marian Nash
Published: April 2006

In Egle v. Egle, an action for child custody, the U.S. Court of Appeals for the Fifth Circuit on June 17, 1982 requested that the Legal Adviser of the Department of State file by letter or amicus curiae brief the executive branch’s view as to whether the court retained jurisdiction to consider an application for rehearing of an appeal in which it had affirmed the former District Court for the District of the Canal Zone on March 31, 1982, the last day of that court’s existence.
The Third United Nations Conference on the Law of The Sea: The Seventh Session (1978)
Authors: Oxman Bernard H.
Published: April 2006

The seventh session of the Third United Nations Conference on the Law of the Sea met in Geneva from March 28 to May 19, 1978, and resumed in New York from August 21 to September 15, 1978.
Equitable Delimitation of Continental Shelf
Authors: Blecher M. D.
Published: April 2006

The fons et origo of much law concerning the continental shelf, the Truman Proclamation of September 28, 1945, declared that in cases where the continental shelf off the coast of the United States extended to the shores of another state or was shared with an adjacent state, the boundary should be determined by the United States and the state concerned “in accordance with equitable principles.” A number of subsequent declarations, such as those of Saudi Arabia and the various coastal sheikhdoms on the Arabian Peninsula, have contained similar statements. In the North Sea Continental Shelf case the International Court of Justice, having found the delimitation provisions of the 1958 Geneva Convention on the Continental Shelf to be inapplicable as between the parties, began its exposition of the basic rules and principles to be applied as follows: “(1) delimitation is to be effected by agreement in accordance with equitable principles.” Although the 1958 Geneva Convention did not explicitly require delimitation to be made in accordance with equitable principles, it has been interpreted as requiring such delimitations. Article 83, paragraph 1 of the Informal Composite Negotiating Text of the Third United Nations Law of the Sea Conference expressly states that the delimitation of the continental shelf between adjacent or opposite states shall be effected by agreement in accordance with equitable principles. Whether or not Article 83, paragraph 1 is eventually accepted, it would seem that notions of equity are likely to continue to play an important part in the determination of continental shelf boundaries.
State Contracts and Transnational Arbitration
Authors: Delaume Georges R.
Published: April 2006

Agreements providing for the arbitral settlement of disputes arising out of contracts between foreign sovereigns and private contracting parties have become a permanent feature of transnational commerce.

This particular favor for the arbitral, as opposed to the judicial, settlement of state contract disputes is attributable to a number of reasons, some of which are conventional and others the consequence of contemporary developments. Traditionally, arbitration has proved attractive because of the special expertise that it may provide and lack of publicity, which may increase the willingness of the losing party to comply with the award.
Execution of Judgments and Foreign Sovereign Immunity
Authors: Crawford James
Published: April 2006

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. Indeed, it has been denied that there is any international law rule at all on the subject, a view that would presumably leave each state free to formulate, or negotiate, its own rule.
Extraterritorial Application of the U.S. Iranian Assets Control Regulations
Authors: Edwards Richard W.
Published: April 2006

After American diplomatic and consular personnel in Iran were taken hostage in that country, the United States Treasury on November 14, 1979 promulgated the Iranian Assets Control Regulations. The regulations were of a sweeping character and, among other things, prohibited the Government of Iran, Iranian governmental entities, and Iran’s central bank from transferring or withdrawing dollar-denominated deposits held with foreign branches and subsidiaries of U.S. commercial banks (as well as deposits with domestic offices) without authorization by the Treasury. Iran’s central bank, Bank Markazi Iran, instituted suits in London and Paris to obtain court orders for withdrawal of its funds, notwithstanding the U.S. “freeze.” Those suits were essentially mooted by the Algeria-United States-Iran declarations and agreements of January 19 and 20, 1981, which provided for transfer of these funds as part of the arrangement to release the American hostages held by the Iranian authorities. While the litigation in London and Paris is now inactive, it raised issues that deserve thought because they are not necessarily unique and may arise again in other situations.
Discontinuance of International Proceedings: The Hostages Case
Authors: Wegen Gerhard
Published: April 2006

On May 12, 1981, the President of the International Court of Justice ordered the discontinuance of the Case concerning United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran) (Hostages case). Following the indication of provisional measures in December 1979 and the Judgment in May 1980, the present Order ended the proceedings in the case. This is the first order to apply the (Revised) Rules of Court of 1978 concerning the discontinuance of proceedings. It therefore appears to be an appropriate time to comment on this topic of international procedure.
Third-Party Intervention Before the International Court of Justice
Authors: Chinkin C. M.
Published: April 2006

Until lately, the procedure of third-party intervention before the International Court of Justice provided for by Articles 62 and 63 of the Statute of the Court had been underutilized; as a result, there was scant judicial authority and comparatively little academic discussion on its use and limitations. This situation has now dramatically changed, as three recent cases before the Court have involved claims of third-party intervention: that between Tunisia and Libya, where Malta made the request to intervene; that between Libya and Malta, where Italy was the requesting state; and, most recently, the case between Nicaragua and the United States, where El Salvador made a declaration of intervention.
Indigenous Peoples: An Emerging Object of International Law
Authors: Barsh Russel Lawrence
Published: April 2006

The Working Group on Indigenous Populations, an organ of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, ended its fourth annual session last August by distributing seven “draft principles” to governments and nongovernmental organizations (NGOs) for comment as the first step in preparing “a draft declaration on indigenous rights, which may be proclaimed by the General Assembly.” For the first time since indigenous organizations took their concerns to the international level in 1977, a formal commitment has been made to the development of new law, probably in time for the “cinquecentennial” in 1992 of the “discovery” of the Americas and a proposed international indigenous year.
The President and International Law
Authors: Henkin Louis
Published: April 2006

In Garcia-Mir, the district court found that prolonged detention of the undocumented aliens was, in the circumstances, “arbitrary,” and therefore a violation of international law. But it also held that even though it was in violation of international law, the courts would not order an end to the detention because it had been authorized by the Attorney General. The court of appeals affirmed.
Discretion to Decline to Exercise Jurisdiction
Authors: Gordon Edward
Published: April 2006

The Nicaragua case raises anew long-unresolved questions about the circumstances in which the Court may or should decline to exercise its jurisdiction. It is far from self-evident, of course, that in the absence of a specific grant of discretionary authority the Court is entitled to abstain from judging the merits of a contentious case, once it is satisfied that its jurisdiction has been established. Its judgments, however, and some supportive scholarly writings, suggest variously that discretionary authority is inherent in the Court as a judicial institution; that it is to be inferred from language contained in Articles 36 and 38 of the Statute; that it is implicit in the nature of international law or the remedies available to the Court to fashion relief for violations of it; or that unless otherwise indicated it should be deemed implicit in, even coextensive with, express grants of jurisdiction. In this brief survey, I will suggest that as a general rule the discretionary authority of the Court derives principally from the political community’s tacit acceptance of the Court’s assertions of discretion; that this validation is ambiguous and tenuous, at best; and that it is in the institutional best interests of the Court to justify its exercise of discretion, in each instance, in a more candidly principled way than it has done in the past.
Le Peuple, c’est moi! The World Court and Human Rights
Authors: Tesón Fernando R.
Published: April 2006

This essay examines the discussion of human rights and domestic jurisdiction by the International Court of Justice in the Nicaragua case. Independently of the final verdict about the lawfulness of U.S. help to the contras under principles of either self-defense or humanitarian intervention, the Court’s views on the relationship among human rights, domestic jurisdiction and intervention are wrong in law. Furthermore, the philosophical assumptions of the Judgment are profoundly disturbing. For the reasons set forth below, I submit that the Court’s approach embodies a backward view of international law and justice that was totally unnecessary to the resolution of the case.
Foreign Warships and Immunity for Espionage
Authors: Delupis Ingrid
Published: April 2006

On October 27, 1981, a Soviet submarine 137 surfaced in Swedish internal waters, well inside the military protection area of the naval base of Karlskrona. The submarine had grounded on a shoal and was unable to move without assistance. The Swedish Government refused a request from the USSR to salvage the ship itself and demanded that, in return for assistance by Swedish vessels, the commander submit to interrogation by Swedish authorities. The Soviet Union acceded to this by a formal agreement. The submarine was eventually escorted out of Swedish territorial waters.
Constitutive Questions in the Negotiations for Namibian Independence
Authors: Richardson Henry J.
Published: April 2006

Namibia, a territory in southwest Africa adjacent in the west to South Africa and Botswana, derives its notoriety from the fact that its history is a major component of the history and oppression of South African apartheid. But for this fact, the current guerrilla warfare there would perhaps be dismissed as another obscure conflict in some distant land. Few persons on the outside would know about it in detail, and absent special circumstances overtly involving the superpowers or some spreading of the war, fewer still would care.
Court-Ordered Provisional Measures under the New York Convention
Authors: Brower Charles N. , Tupman W. Michael
Published: April 2006

In recent years, several courts in the United States have denied requests for pre-award attachments on the ground that such remedies were contrary to the parties’ agreement to arbitrate, and thus to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention or Convention). Despite these decisions, pre-award attachment is an available remedy in certain jurisdictions in the United States. Furthermore, pre-award remedies to secure assets located outside the United States can be obtained through the courts in other countries.
The Secret War in Central America and the Future of World Order
Authors: Moore John Norton
Published: April 2006

The core principle of modern world order is that aggressive attack is prohibited in international relations and that necessary and proportional force may be used in response to such an attack. This dual principle is embodied in Articles 2(4) and 51 of the United Nations Charter, Articles 21 and 22 of the revised Charter of the Organization of American States (OAS) and virtually every modern normative statement about the use of force in international relations. Indeed, it is the most important principle to emerge in more than two thousand years of human thought about the prevention of war. In the contemporary world of conflicting ideologies and nuclear threat, no task is more important for international lawyers and statesmen than to maintain the integrity of this principle in both its critical—and reciprocal—dimensions: prohibition of aggression and maintenance of the right of effective defense.
The General Admission of Aliens under International Law
Authors: Nafziger James A. R.
Published: April 2006

One often reads or hears that a state has a right to exclude all aliens from its territory unless a treaty obligation requires admission. Frequently, that proposition prefaces discussion of such issues as immigration quotas, expulsion and deportation of aliens, justiciability and procedural due process in litigation involving immigration questions, and the duty of states to protect aliens. Sometimes the proposition is colored by such words as “of course,” “no longer open to serious question,” or “unquestionably”—clues, at least, that some questions and doubts may be in order.
Applicable Law in International Arbitration: The Iran-U.S. Claims Tribunal Experience
Authors: Crook John R.
Published: April 2006

International commercial arbitration is being enthusiastically promoted throughout the international legal community. Congresses and conferences abound; over three hundred delegates attended the 1988 Tokyo conference of the International Council for Commercial Arbitration. New arbitration journals proliferate. New international arbitration centers compete for business, particularly around the Pacific Rim in such locations as Hong Kong (opened in 1985), Los Angeles (1985), Melbourne (1985) and Vancouver (1986).
The 1871 London Declaration, Rebus Sic Stantibus and A Primitivist View of the Law of Nations
Authors: Bederman David J.
Published: April 2006

International law is the most rarefied of social sciences. Even so, it has scarcely any sense of its intellectual history. International law is finely articulated, oblique in its analysis, and respectful of its position as an arbiter of national competition and conflict. But aside from the casual citation to an ancient arbitration or the consultation of a famous publicist for an essential principle, little credence has been given to its historical development as either a collection of doctrines or a learned study. This article offers both an intellectual history of an international law doctrine and a tour d’horizon of the nature of discourse in our discipline.
Has International Law Failed the Elephant?
Authors: Glennon Michael J.
Published: April 2006

Are we no longer capable of respecting nature, or of defending a living beauty that has no earning power, no utility, no object except to let itself be seen from time to time?

Romain Gary

If, as Lao-tse said, nature is not anthropomorphic, some fellow creatures nonetheless seem to share the better angels of our character; among these animals, none is grander than the African elephant. Elephants live in close-knit “families” of about ten members that seem to do just about everything synchronously—feeding, walking, resting, drinking or mud wallowing. Each unit has a matriarchal structure: it is headed by the oldest female and consists of younger females and their calves, as male calves tend to leave the family and strike out on their own when they reach sexual maturity between the ages of 10 and 15. Fighting is rare.
A Declaration of Minimum Humanitarian Standards
Authors: Meron Theodor , Rosas Allan
Published: April 2006

The readers of this Journal are familiar with the difficulties experienced in protecting human dignity in situations of internal violence that fall below the thresholds of applicability of international humanitarian instruments but within the margin of public emergency; the governments directly concerned often promote this interpretation of such situations, enabling them to invoke the derogations clauses of international human rights instruments. These difficulties are compounded by the inadequacy of the nonderogable provisions of human rights instruments, the weakness of international monitoring and control procedures, and the need to define the character of the conflict situations (the applicability of certain norms of humanitarian law depends on such characterization, which is usually difficult and contested). Experience indicates that in situations of internal violence, normal constitutional and other legal checks and balances are singularly ineffective. Efforts have already been made to address some of the abuses typical of these situations, but the abuses continue unabated.
A Law of the Future or A Law of the Past? Modern Tribunals and the International Law of Expropriation
Authors: Norton Patrick M.
Published: April 2006

One precedent creates another. They soon accumulate and constitute law. What yesterday was fact, today is doctrine.

Junius†

Less than twenty years ago, a large majority of the United Nations General Assembly declared the customary international law of expropriation dead. Eighty-six governments supported a resolution holding that a state expropriating foreign property “is entitled to determine the amount of possible compensation and the mode of payment, and … any disputes which might arise should be settled in accordance with the national legislation of [that] State.” Scholars cited this and other General Assembly resolutions as evidence that international law no longer required full compensation for the expropriation of foreign property. This view had sufficient support to precipitate an acrimonious dispute in the preparation of the Restatement (Third) of the Foreign Relations Law of the United States, which reaffirmed only in its later drafts the traditional “Hull formula.”
Security Council Resolution 678 and Persian Gulf Decision Making: Precarious Legitimacy
Authors: Weston Burns H.
Published: April 2006

In his recent book The Power of Legitimacy Among Nations, Thomas Franck defines “legitimacy” as it applies to the rules applicable among states. “Legitimacy,” he writes, “is a property of a rule or rule-making institution which itself exerts a pull toward compliance on those addressed normatively because those addressed believe that the rule or institution has come into being and operates in accordance with generally accepted principles of right process.

In adopting Resolution 678 of November 29, 1990, implicitly authorizing the use of force against Iraq in response to Iraq’s August 2, 1990 invasion and subsequent occupation of Kuwait, the United Nations Security Council made light of fundamental UN Charter precepts and thereby flirted precariously with “generally accepted principles of right process.” It eschewed direct UN responsibility and accountability for the military force that ultimately was deployed, favoring, instead, a delegated, essentially unilateralist determination and orchestration of world policy, coordinated and controlled almost exclusively by the United States. And, in so doing, it encouraged a too-hasty retreat from the preeminently peaceful and humanitarian purposes and principles of the United Nations. As a consequence, it set a dubious precedent, both for the United Nations as it stands today and for the “new world order” that is claimed for tomorrow.
New Ways to Make International Environmental Law
Authors: Palmer Geoffrey
Published: April 2006

The purpose of this article is to suggest new ways to make international law for the environment. The existing methods are slow, cumbersome, expensive, uncoordinated and uncertain. Something better must be found if the environmental challenges the world faces are to be dealt with successfully. Nearly twenty years after the Stockholm Declaration, we still lack the institutional and legal mechanisms to deal effectively with transboundary and biospheric environmental degradation. The 1992 United Nations Conference on Environment and Development presents an opportunity to make progress. Unfortunately, my reading of the situation in late 1991 suggests that there is no political will to take decisions that will give us the tools to do the job.
Judicial Deference in Foreign Relations
Authors: Charney Jonathan I.
Published: April 2006

Disputes with foreign policy implications have often been brought to the federal courts. These cases call attention to the tension between the authority of the political branches to conduct the foreign relations of the United States and the authority of the courts to render judgments according to the law. How this tension is resolved, in turn, bears directly on the commitment of the United States to the rule of law.
Phillips Petroleum Co. Iran v. Islamic Republic of Iran
Authors: Stewart David P.
Published: April 2006

Phillips Petroleum Co. Iran, a wholly owned subsidiary of Phillips Petroleum Co., brought a claim before the Iran-United States Claims Tribunal against the Islamic Republic of Iran and the National Iranian Oil Co. (NIOC) seeking compensation for the alleged taking of its rights under a joint agreement for the exploration and exploitation of petroleum resources in the Persian Gulf. Chamber Two of the Tribunal concluded that the claimant had been deprived of its property interests during the Iranian Revolution by conduct attributable to the Government of Iran for which respondents were liable to provide compensation. Affirming earlier decisions that the 1955 Treaty of Amity between the United States and Iran requires payment of “just compensation” representing the full equivalent of the property taken, the Tribunal accepted “discounted cash flow” analysis as a central method of determining that value. After making significant adjustments to claimant’s calculations, and considering “all relevant circumstances,” the Tribunal awarded claimant $55 million as the value of the expropriated property, with simple interest at the rate of 10 percent per annum from the date of loss to the date of payment from the Security Account.
Proportionality and Force in International Law
Authors: Gardam Judith Gail
Published: April 2006

Proportionality is a fundamental component of the law on the use of force and the law of armed conflict—the jus ad bellum and the jus in bello. In the former, it refers to a belligerent’s response to a grievance and, in the latter, to the balance to be struck between the achievement of a military goal and the cost in terms of lives. The legitimate resort to force under the United Nations system is regarded by most commentators as restricted to the use of force in self-defense under Article 51 and collective security action under chapter VII of the UN Charter. The resort to force in both these situations is limited by the customary law requirement that it be proportionate to the unlawful aggression that gave rise to the right. In the law of armed conflict, the notion of proportionality is based on the fundamental principle that belligerents do not enjoy an unlimited choice of means to inflict damage on the enemy. Since the entry into force of Protocol I to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, proportionality has been both a conventional and a customary principle of the law of armed conflict.
WTO Dispute Procedures, Standard of Review, and Deference to National Governments
Authors: Croley Steven P. , Jackson John H.
Published: April 2006

Increasing international economic interdependence is obviously becoming a growing challenge to governments, which are frustrated by their limited capacities to regulate or control cross-border economic activities. Many subjects trigger this frustration, including interest rates, various fraudulent or criminal activities, product standards, consumer protection, environmental issues and prudential concerns for financial services. Although it has been said that “all politics is local,” it has also been said, with considerable justification, that “all economics is international.”
International Law in Internal Law: Toward Internationalization of Central-Eastern European Constitutions?
Authors: Stein Eric
Published: April 2006

United States Secretary of State George Marshall told the General Assembly of the United Nations in 1948 that “[g]overnments which systematically disregarded the rights of their own people were not likely to respect the rights of other nations and other people, and were likely to seek their objectives by coercion and force in the international field.”
The Chemical Weapons Convention Implementation Act: United States Control Over Exports
Authors: Zedalis Rex J.
Published: April 2006

During 1994, the total sales value of chemicals exported from the United States exceeded $51 billion, up 15 percent over the previous year and resulting in the chemical sector outpacing all other sectors that finished the year with favorable trade balances. Chemicals leaving the United States were shipped under the control provisions of both the Department of Commerce's Export Administration Regulations (EAR), and the Department of State's International Traffic in Arms Regulations (ITAR). Though this is something of an oversimplification, the EAR basically concerns itself with products that have civilian application, and the ITAR with products of use to the military. Currently, the Commodity Control List of the EAR, overseen by Commerce's Office of Export Licensing within the Bureau of Export Administration, identifies fifty-four chemicals and ten toxins as intermediate agents and precursors to chemical weapons subject to export regulation. The Munitions List of the ITAR, administered by the Office of Defense Trade Controls of the State Department's Bureau of Politico-Military Affairs, identifies twenty-two chemicals as subject to regulation and cautions that this listing is merely illustrative, as any “chemical agent,” defined as “a substance having military application,” is subject to export control.
State-Sponsored Abduction: A Comment on United States v. Alvarez-Machain
Authors: Glennon Michael J.
Published: April 2006

On June 15, 1992, the United States Supreme Court confronted what the Permanent Court of International Justice termed in The Lotus to be “the first and foremost restriction imposed by international law upon a State: … that—failing the existence of a permissive rule to the contrary—it may not exercise its power in any form in the territory of another State.” Contrary to popular criticism, the Court did not challenge that proposition. But it did apply, without adequate analysis, an antiquated doctrine that permits a defendant to be tried regardless of the unlawfulness of the seizure. In so doing, it ignored altogether the issue of presidential constitutional power to conduct such seizures. And it placed the issue squarely before Congress.
The International Response to the Dissolution of the Socialist Federal Republic of Yugoslavia
Authors: Weller Marc
Published: April 2006

The Socialist Federal Republic of Yugoslavia consisted of six republics (Slovenia, Croatia, Serbia, Bosnia-Hercegovina, Montenegro and Macedonia) and two autonomous regions (Kosovo and Vojvodina). Its overall population was recently estimated as 23.69 million. There were 8.14 million Serbs, 4.43 million Croats, 1.75 million Slovenes, 1.73 million Albanians, 1.34 million Macedonians and 1.22 million “Yugoslavs,” as well as a variety of other minorities.

Slovenia has a population of 1.94 million, 90 percent of whom are ethnic Slovenes. There are small minorities of ethnic Serbs, Croats and Hungarians.
The Foreign Sovereign Immunities Act and Public Debt Litigation: Some Fifteen Years Later
Authors: Delaume Georges R.
Published: April 2006

The decision of the United States Supreme Court in Republic of Argentina v. Weltover, Inc. is an invitation to reassess the impact of the Foreign Sovereign Immunities Act (FSIA) upon public debt litigation. In contrast with other activities of foreign states, which have been the object of extensive and continuing litigation, barely two dozen cases involving public debt disputes have been reported since the FSIA took effect. Whether this situation is attributable to the care with which transnational loan documents are usually drafted or to some other reasons, including possibly the contemporary tendency to rely on debt rescheduling as a means of remedying difficult situations, is an interesting matter of speculation. Whatever the explanation for the relatively limited number of public debt cases, Weltover can be expected to have a decisive impact upon future litigation.
Trade Law and Quality of Life—Dispute Resolution under the NAFTA Side Accords on Labor and the Environment
Authors: Garvey Jack I.
Published: April 2006

Law, like other forms of life, evolves in response to changing environments. When cosmic change alters environment, viability is tested. The North American Free Trade Agreement was born into a radically new social and political environment for the making of international trade agreements. Its viability has centered on a fundamental alteration in international trade law, appearing as the NAFTA Side Agreements on labor, health and environmental regulation; specifically, as the dispute resolution process of the Side Agreements.
A comparative anatomical and biochemical analysis in salsola (Chenopodiaceae) species with and without a kranz type leaf anatomy: a possible reversion of c4 to c3 photosynthesis
Authors: P’yankov Vladimir I. , Voznesenskaya Elena V. , Kondratschuk Alexandra V. , Black Clanton C.
Published: April 2006

Leaf anatomy was studied by light and electron microscopy and the leaf activities of RUBP carboxylase, PEP carboxylase, and malic enzyme were assayed in: Salsola australis and S. oreophila grown on the West Pamirs at 1800 m altitude; in S. australis grown on the East Pamirs at 3860 m; and in S. arbusculiformis grown in the Kisil‐Kum desert in Middle Asia near 500 m. Carbon isotope fractionation ratio values also were measured on whole leaf tissue for 18 Salsola species field collected in these and other regions of the former USSR. S. australis leaves are cylindrical and in cross section exhibit a peripheral ring of mesophyll and then an inner ring of bundle sheath type cells; and its biochemical characteristics and δ13C values are typical of a C4 species of the NADP‐malic enzyme malate‐forming group. These traits were expressed independent of the plant growth altitude up to 4000 m. C4 type δ13C values were obtained in 14 of the Salsola species.

Anatomical, structural, and biochemical features typical of the C4 syndrome were absent in S. oreophila and S. arbusculiformis. Four Salsola species, including these two, had C3‐type δ13C values. Their cylindrical leaves in cross section exhibited two to three peripheral rings as layers of palisade parenchyma. Although their vascular bundles were surrounded by green bundle sheath cells, their organelle numbers were comparable to those in mesophyll cells. Neither bundle sheath cell wall thickenings nor dimorphic chloroplasts in two leaf cell types were observed. In S. oreophila, there was a high activity of RuBP carboxylase, but a low activity of C4 cycle enzymes. Interpretation of these data lends evidence to the hypothesis that a small group of C3 Salsola species, including S. oreophila, S. arbusculiformis, S. montana, and S. pachyphylla, arose as the result of a reversion of a C4 to a C3 type of photosynthetic CO2 fixation in the cooler climates of Middle Asia.
Genetic structure of continental and island Populations of the Mediterranean Endemic Cyclamen Balearicum (Primulaceae)
Authors: Affre Laurence , Thompson John D. , Debussche Max
Published: April 2006

Cyclamen balearicum is a self‐compatible perennial herb endemic to the western Mediterranean Basin. This species occurs in five geographically isolated terrestrial islands in southern France and on four Balearic islands. In this study, we compare genetic variability and differentiation within and among 11 terrestrial island populations and 17 true island populations. Of nine readable enzyme loci, five were polymorphic in both terrestrial and true islands. F statistics showed a significant heterozygote deficiency in all populations, probably due to high levels of autonomous selfing, restricted gene flow, and subsequent genetic drift. Genetic diversity was higher in terrestrial islands than on the Balearic islands, suggesting that the Balearic islands were colonized when they were in contact with the continent. Population differentiation was greater among terrestrial islands (Fst = 0.417 and Gst = 0.344) than among true islands (Fst = 0.112 and Gst = 0.093). Furthermore, differentiation among populations on the Basses Cévennes terrestrial island was greater (Fst = 0.254) than among populations on the true island of Mallorca (Fst = 0.163). The greater genetic differentiation among terrestrial islands could have been caused by genetic bottlenecks associated with changes in climate and human land use that may have reduced population sizes more severely in terrestrial islands in southern France than on the Balearic islands.
Pollination biology of two columnar cacti (Neobuxbaumia mezcalaensis and Neobuxbaumia macrocephala) in the Tehuacan Valley, central Mexico
Authors: Valiente‐Banuet Alfonso , Rojas‐Martínez Alberto , Arizmendi María del Coro , Dávila Patricia
Published: April 2006

We document the pollination biology and mating systems of Neobuxbaumia mezcalaensis and Neobuxbaumia macrocephala, two Mexican giant columnar cacti. These two species form mixed forests in the western Tehuacan Valley, Mexico. The flowers of both N. mezcalaensis and N. macrocephala exhibit nocturnal anthesis, are self‐incompatible, and are pollinated primarily by three species of nectar‐feeding bats (Choeronycteris mexicana, Leptonycteris curasoae, and Leptonycteris nivalis). Neobuxbaumia mezcalaensis is androdioecious, a breeding system that appears to be uncommon among Cactaceae. Neobuxbaumia macrocephala is hermaphroditic. We hypothesize that columnar cacti show a geographical dichotomy in floral biology specialization that probably can be related to predictability in pollinator abundance.