bluuebunny/crossref_metadata_2025 huggingface dataset:
Exit, Voice and Values in Economic Institutions
Authors: Dawson Graham
Published: July 2009

Are there worthwhile values and ideals which flourish in the procedures of the state but wither in the transactions of the market? Are there equitable and fulfilling social relationships which are nurtured in the economic sphere but crumble in the political world? There is clearly some truth in the claim that at least in certain circumstances market systems inculcate in people not only ‘honesty and diligence, but also sensitivity to the needs and preferences of others’ (Gray, 1992, p. 24). On the other hand, it is difficult to deny the appeal of a tradition of thought which attaches moral superiority to the non-market ideals and values epitomised in the gift relationship. Titmuss (1970), for example, objected to treating blood as a commodity in part because it undermined the sense of fraternity or community which a system of voluntary blood donors enhanced. A contemporary statement of this position holds that gift values differ from commodity values in being ‘tokens of love, admiration, respect, honor, and so forth, and consequently lose their value when they are provided for merely self-interested reasons’ (Anderson, 1990, p. 203).
The Law of Damages and the Prisoners' Dilemma: A Comment on ‘Pure and Utilitarian Prisoners' Dilemmas’
Authors: Stewart Hamish
Published: July 2009

Kuhn and Moresi (1995) (henceforth, K&M) have proposed a useful taxonomy for classifying prisoners' dilemmas (henceforth, PDs). This comment is concerned with K&M's observation that legal penalties for defection can transform PDs into cooperative games, and their argument that the role of the law may vary depending on how the PD is classified by their taxonomy. The purpose of this note is to support K&M's analysis by demonstrating that the law of damages, as understood by economic analysis, already performs the function that K&M assign to legal penalties for defection.
Distributive Considerations in Smith's Conception of Economic Justice
Authors: Witztum Amos
Published: July 2009

In spite of the numerous occasions on which Adam Smith expresses his reservations regarding the morality of commercial societies, there seems to be an agreement that he believed such systems to be fundamentally just. To some, this is so because they attribute to Smith a concept of justice which is narrowly confined to the ‘right to have [one's] body free from injury, and [one's] liberty free from infringement’ (Lectures on Jurisprudence, p. 401). In a world where people have an interest in the fortune of others regardless of how selfish their motives for action might be, injuring someone else's body or restricting someone else's liberty is unlikely to be the behavioural norm.

To others, natural liberty in the sphere of economic activity is just not only because individuals behind the system naturally comply with justice in its commutative sense, but also because the system itself generates justice in the distributive sense. Such arguments are based on either the working of the invisible hand — which produces the ‘same distribution of the necessities of life, which would have been made, had the earth been divided into equal portions among all its inhabitants …’ (TMS, p. 185) — or on the approval of the ‘impartial spectator’ of the distribution which is associated with the natural price (Young, 1986).
Liability of international organizations
Authors: Schermers Henry G.
Published: July 2009

When in 1985 the International Tin Council was unable to meet its financial obligations, various legal questions arose. It appears that the question of liability of international organizations has, up till now, not been adequately addressed. The article written by Professor Henry G. Schemers is a first attempt in legal literature to examine the liability of international organizations from a theoretical point of view. The author concludes that the principle that everybody is liable for his debts does not apply to international governmental organizations. The liability of governments is, in the eyes of the author, not limited when they perform some of their tasks through an international organization, unless there is an express provision to this effect. However, in general international law is insufficiently developed with respect to the payment of debts of international organizations.
International legal measures against terrorism
Authors: Schreuder Willemijn
Published: July 2009

In the international combat against terrorism, several legal instruments are considered. The author starts with a review of the various conventions and resolutions concerning terrorism. Despite all efforts, however, the international community has not been able to adopt a satisfactory definition of terrorism. Consequently, the extradition of terrorists still appears to be the most effective instrument available. The author discusses the conditions that must be fulfilled before extradition is granted, the grounds on which a state can assume jurisdiction over individuals, as well as specific reasons to refuse a request for extradition. Among these exceptions to extradition, the principle that political offenders will not be extradited plays an important role.
Male Captus, Bene Judicatus: disguised extradition and other practices.
Authors: Poort Tineke
Published: July 2009

On the basis of four ‘irregular’ extradition cases, the author demonstrates that states sometimes violate generally accepted rules of extradition law. Legitimate grounds for the refusal of, as well as procedural impediments to extradition are evaded -for instance by simply kidnapping the individual involved. Also, the so-called ‘disguised extradition’ is used by states, when expelling a person in stead of extraditing him, but in fact accomplishing the same result. Despite such apparent failures in the procedure of obtaining an individual (‘male captus’), states maintain that the individuals can nevertheless be legitimately tried (‘bene judicatus’). According to the author, these practices are incompatible with certain general principles of international law.
Towards a pre-merger control in the European Community?
Authors: Hoyng W.A. , Biesheuvel M.B.W.
Published: July 2009

The Treaty of Rome, establishing the European Economic Community (hereinafter: the Treaty), does not provide for a system of Community-wide merger control and authorization.The anti-trust provisions of the Treaty are only concerned with distortion of competition resulting from certain restrictive agreements (Article 85) and with abusive behavior of undertakings in a dominant position within the common market (Article 86);concentrations like mergers, which may as well affect the internal European market, are not explicitly mentioned. To a certain extent however, the European Commission has in fact won the power to control large-scale mergers as a result of the European Court's decision in Continental Can (1973).
Mergers and Antitrust Regulation in the United States
Authors: Cohn Stuart R.
Published: July 2009

In his article on mergers and antitrust regulation in the United States, Professor Cohn describes the intricate relationship between the two concepts. Antitrust law is analyzed along the lines of the Sherman Act, the Clayton Act and the Hart-Scott-Rodino Act. Furthermore, Professor Cohn frequently refers to relevant jurisprudence in his efforts to clarify the present-day legal situation in the United States with respect to horizontal and vertical mergers. He concludes that merger law in the United States is an amalgam of state and federal law which does not account for a ‘unified set of rules governing mergers’.
The Antarctic Minerals Regime and its Environmental Impact
Authors: Visser Aukje
Published: July 2009

On June 2, 1988, the Convention on the Regulation of Antarctic Mineral Activities was concluded after several years of negotiations. Starting with a review of the 1959 Antarctic Treaty, the author discusses the new Convention and the organs it has created. Special attention is paid to the possible impact of mineral activities to the unique environment of Antarctica, and the safeguards which are offered by the Convention in this respect. According to the author, it can be doubted whether the regime's institutions will adequately account for the environmental consequences of mineral activities.
Measures to Prevent Collisions with Offshore Installations on the Dutch Continental Shelf
Authors: Der Meer Mohr Pauline F.M.Van
Published: July 2009

1. INTRODUCTION

On February 1988, the M.S. Cape, a 2,000 ton coaster sailing under the Honduran flag, passed the K14 FA 1 production platform belonging to the Nederlandsche Aardolie Maatschappij (NAM) at a distance of 25 meters. The ship had been drifting because of an engine failure but did not communicate this fact until it had reached an adjacent production platform, by which time it had successfully solved its engine problem. As a result of this incident, the production of gas was halted for some time and the operator of the platform suffered considerable losses. On 28 February 1988, the Swedish ferry M.S. “Vinca Gorthon” entered a field with severe weather conditions, ran into trouble, sent a MAY-DAY call, listed and sunk right on top of a Unocal pipeline, which was damaged. Oil transport through this pipeline had to be stopped immediately. The daily loss suffered by the operator was approximately Dfl.1,5 million.
Palestine: A State in Embryo
Authors: Geesteranus G.W. Maas
Published: July 2009

Although states are no longer the sole subject of international law, they are in any event still its principal subject in (he current phase of development. And they will inevitably remain so for as long as the world community is organized in the form of a community of states.
The Hague Evidence Convention: Practice in the Netherlands
Authors: Keyzer Eric P. A. , Nijhuis Marion Th.
Published: July 2009

The Hague Evidence Convention – officially the Convention On the Taking of Evidence Abroad in Civil or Commercial Matters – was realized in 1970 by The Hague Conference for Private International Law. The Convention gave rise to several differences of opinion between Europe and the United States. The European countries and the United States, in particular, disagree about the (optional or obligatory) character of the convention-procedures. This article will, among other things, deal with the consequences to be expected in The Netherlands of a recent American Supreme Court judgement on this issue: The Aérospatiale case1. The subject will be treated in five sections: 1.The Hague Evidence Convention; 2.The Netherlands and The Hague Evidence Convention; 3.Consequences of the Aérospatiale-case for The Netherlands; 4.Consequences of the Aérospatiale-case for Dutch parties involved in litigation in the UnitedStates; 5.Aérospatiale and conclusion.
The Legal Status and Functioning of the United Nations Council for Namibia
Authors: Arts Karin
Published: July 2009

In 1966 the General Assembly of the United Nations revoked the Mandate over South West Africa (Namibia) and thus terminated South Africa's right to administer the territory. It furthermore placed Namibia under the direct responsibility of the United Nations. Administration of the territory was delegated by the General Assembly to a subsidiary organ, the UnitedNations Council for Namibia (UNCN). The author briefly describes the establishment, the structure, the functions and the powers of the Council. Special attention will be paid to questions concerning the legal status of the UNCN. Finally the major activities of the Council will be reviewed and appraised
Torture In Emergency Situations
Authors: Blanco Ester
Published: July 2009

As is well known, states may take measures derogating from their obligations under the human rights treaties during proclaimed states of emergency. They remain, however, bound to respect certain inalienable human rights, the ‘hard core’, at all times and in all circumstances. The right to life, the prohibition of torture, slavery and retroactive penal measures are thus considered as being a ‘minimum safeguard’ against human rights violations. They are generally accepted as being customary international law, one may even speak of jus cogens. Moreover, one may argue that common Article 3 of the Geneva Conventions, which contains a larger list of human rights than the abovementioned four, should also be respected in situations which are below the threshold of an armed conflict. In the importantCase of Military and Paramilitary Activities in and against Nicaraguain 1986 the International Court of Justice held that the rules in common Article 3 are fundamental principles of Humanitarian Law, which are customary law and constitute a minimum, applicable in all circumstances. Even so state practice seems to indicate the opposite; experience has shown that it is during emergency situations that flagrant abuses of human rights are most common, especially in the treatment of persons who have been detained or deprived of their liberty.
A Non-Aligned Crusade for International Law?
Authors: Brus Marcel
Published: July 2009

From 26 to 29 June the Ministers of Foreign Affairs of the Movement of Non-Aligned Countries convened at the premisses of the Peace Palace in The Hague to discuss the issue of peace and the rule of law in international affairs. This meeting was the start of a campaign for aDecade of International Law. This was the first occasion that an extraordinary ministerial conference of the Non-Aligned Movement was not held in one of its member countries. The Hague was chosen to underline the historic ties between this city and the (early) development of international law. This year it will be 90 years ago that the First Hague Peace Conference was held on the initiative of Emperor Nicholas II of Russia. This conference (together with the Second Hague Peace Conference of 1907) became a landmark in the history of the codification of international law and especially the development of mechanisms for the peaceful settlement of international disputes between states. The two most important conventions that were adopted at that conference were the Convention with Respect to the Law and Customs of War on Land and the Convention for the Pacific Settlement of International Disputes.
The Principles of a New International Economic Order and the Law of the General Agreement on Tariffs and Trade (GATT)
Authors: Verwey Wil D.
Published: July 2009

The principles of classical international economic law, as it developed during the 19th and the first part of the 20th century, were based upon the three fundamentals of freedom, legal equality, and reciprocity. UNGA resolutions 3201(S-VI) and 3281(XX1X) of 1974 embody the legal principles upon which a new international economic order (NIEO) should be based. These principles in their turn are based upon the three N1EO fundamentals of protection of the economic interests of developing countries, preferential treatment of developing countries, and non-reciprocity in the relationship between developed and developing countries. The present study investigates to what extent these three NIEO fundamentals have become implemented in the legal practice of a notorious classical institution, the GATT, and have thereby passed the border between UNGA recommendations and binding law. It concludes that, although GATT practice reveals a substantial effort to give implementation to the NIEO fundamentals, so far it has provided developing contracting parties with only few true preferential rights.
Challenges and Opportunities: The European Communities and the Conference on Security and Cooperation in Europe
Authors: von der Dunk F.G.
Published: July 2009

The astonishing sequence of events during the past twelve months which have completely turned Eastern Europe upside down and mark the beginning of a new era of which nobody yet knows the outlines, has turned out to be of crucial importance for the future of the European Communities as well. One of the international fora where this is obvious, is the Conference on Security and Cooperation in Europe. With Soviet President Gorbachov calling for a follow-up Conference this November, American President Bush willing to give Western Europe -read the E.C.- primary responsibility for the economic resurrection and political integration within the West of Eastern Europe; West German Chancellor Kohl totally preoccupied by German unification, British Prime Minister, Thatcher, and French President, Mitterand, unable to give Western Europe the lead, necessary and desired, the European Communites have a unique political opportunity to take some decisive steps towards the proclaimed ultimate goal of a European Union by further tightening the Communities and enforcing their autonomous role, inter alia within the CSCE. At the same time, those steps not only seem legally desirable, but e.g. with respect to that same CSCE, perhaps also necessary for purposes of international law!
A Hard Look at the Effects Doctrine of Jurisdiction in Public International Law
Authors: Coppel Jason
Published: July 2009

The extraterritorial application of competition law on the basis of the effects doctrine of jurisdiction has long been controversial. An analysis of the assumptions which underlie the discourse of jurisdictional assertion leads, however, to the conclusion that the effects doctrine is the only principle on which competition law jurisdiction can reasonably be based.

Moreover, a form of qualified effects principle, founded upon the consent of the undertakings involved, would be supported by most, if not all, of the leading players in the competition law arena.
Humanitarian Intervention under International Law: the Strife for Humanity
Authors: Schweigman David
Published: July 2009

Is the concept of humanitarian intervention part and parcel of customary law? In order to answer this question the or gins of the concept, (alleged) pre- and post-Charter state practice and the relation with the principles of non-interference in the domestic jurisdiction and the non-use of force will be considered. It will be concluded that the aforementioned question must be answered in the negative, notwithstanding the fact that genuine humanitarian interventions tend to be tolerated by the international community.
The International and American Law Implications of the Bijlmer Air Disaster
Authors: de Leon P. Mendes , Mirmina S.
Published: July 2009

Air crashes usually attract a lot of attention. One of the reasons lies in the fact that,ifan accident occurs, the damage is substantial. This damage may involve loss of life, bodily injury, mental distress and material damage.
The Kalshoven Commission
Authors: de Zayas Alfred
Published: July 2009

By Resolution 780 of October 6, 1992 the United Nations Security Council requested the Secretary-General

to establish, as a matter of urgency, an impartial Commission of Experts to examine and analyse the information submitted […] together with such further information as the Commission of Experts may obtain through its own investigations or efforts […] with a view to providing the Secretary-General with its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of international law committed in the territory of the former Yugoslavia.
Trademark Delimitation Agreements and the EEC Rules on Free Movements of Goods and Competition
Authors: Glazener P. , Smulders B.M.P.
Published: July 2009

Trademark delimitation agreements are entered into for the purpose of avoiding or settling disputes between owners of conflicting trademarks by defining the spheres within which trademarks may be used. The authors of this article treat the relevant case law and literature on the conflict between trademark delimitation agreements and the Treaty provisions on the free movement of goods and competition in an analytical and critical manner. They propose that the Commission and the ECJ accept delimitation agreements that cause fewer restrictions on trade and competition than would have existed in the absence of the agreement as compatible with Article 85 of the EEC Treaty, in so far as the restrictions flowing from the agreement are covered by the specific subject matter of the trademarks.
A New Regime to Protect the Antarctic Environment
Authors: van Bennekom Sander
Published: July 2009

On October 4,1991 the parties to the Antarctic Treaty adopted the Protocol on Environmental Protection to the Antarctic Treaty. This Protocol contains a prohibition for the duration of fifty years of all exploration and exploitation of mineral resources in the Antarctic. The Wellington Convention, which was adopted in 1988 and was intended toregulate the exploitation of minerals,can now be considered dead and buried. Apart from the prohibition on minerals activities, the Protocol sets out a number of rules and regulations to control the activities in Antarctica in a more stringent way than before. This article analyses the Protocol and compares the ‘severeness’ of the rules with the degree of control in the Wellington Convention. It seems likely that states are less willing to accept heavy bureaucratic measures if the road to minerals development is cut off. For issues like dispute settlement, environmental impact assessment, the creation of new institutions and liability, the articles in the Protocol are compared with the corresponding articles of the Minerals Convention. Furthermore this article contains some suggestions on how the current plans to protect the Antarctic environment can be improved.
The Policy of the EEC on Concentrative Joint Ventures
Authors: Nava D.S.
Published: July 2009

The EEC Treaty contains no specific provisions for the control of concentrations. Only the competition rules. Articles 85 and 86 EEC, could be considered as possible legal instruments for regulating concentrations. The Commission has had to examine whether and to what extent these provisions could be used to this end.

The Commission's view has been that Article 85 does not apply to operations resulting in structural change, as is the case of concentrations and concentrative joint ventures. Cooperative operations, such as cooperative joint ventures, on the other hand fall to be assessed under Article 85. The Philip Morris case has made this position uncertain. According to the extensive interpretation of this judgement Article 85 is now applicable to certain concentrations and thus to concentrative joint ventures.

There is no such uncertainty regarding the role of Article 86 in controlling concentrative joint ventures, for the Court has established in the Continental Can case that concentrations can be caught by Article 86.

With the adoption in 1989 of the Regulation on concentration control the Commission finally has a legal instrument specifically designed to regulate concentrations. However, only concentrations and concentrative joint ventures which comply with certain turnover thresholds (the so-called concentrations or concentrative joint ventures with a Community dimension) can be assessed by the Commission under the Regulation. This means that the provisions of the Regulation can not be applied to concentrative joint ventures beneath the threshold.

Because of the difficulty in distinguishing concentrative operations from cooperative ones, the Commission published the Notice regarding the concentrative and cooperative operations under the Regulation on the control of concentrations.
Human Rights in Europe – Part II The European Court of Justice and Human Rights
Authors: Lawson Rick
Published: July 2009

In a previous contribution on the protection of human rights in Europe, I discussed some developments taking place in the Conference on Security and Cooperation in Europe (CSCE). Despite the major changes that have occurred in the CSCE during the last year, I would like to address the matter this time from quite a different perspective.2 This short note will focus on the importance of human rights in the legal order of the European Communities – cynical as it may seem to address this rather ‘sophisticated’ issue at a time that in the Yugoslavian civil war human rights are violated with a harshness that has been unknown to Europe for decades.
International Cooperation in Competition Law Enforcement
Authors: Cross Eugene D.
Published: July 2009

On September 23,1991, an agreement was signed by the Commission of the European Communities and the United States government to promote cooperation and coordination of theircompetition law enforcement efforts. This is the fourth such bilateral agreement to which the United States is a party, and the first for the Commission. Previous US agreements are in force with Canada, the Federal Republic of Germany, and Australia.
Inter-State Dispute Settlement in the Field of Human Rights
Authors: Kooijmans P. H.
Published: July 2009

Inter-state disputes on human rights issues have been a far from exceptional phenomenon. During the Cold War the human rights question deeply divided the countries belonging to the Western and the communist blocs. Relations between developed and developing countries quite often have been heavily strained by controversies on human rights. But even within a group of countries belonging to an alliance or a homogeneous regional organization, human rights issues from time to time have been the cause of serious difficulties; e.g., the human rights record of Greece and Portugal within NATO and that of Greece and Turkey within the Council of Europe. Hardly ever have such disputes been subjected to third party dispute settlement machinery, even if such machinery was available. Most human rights treaties have a so-called procedure for state complaints, although in most cases acceptance of such a procedure is optional for the state parties. Only under two treaties, the European Convention on Human Rights and the UN Convention on the Elimination of All Forms of Racial Discrimination, it is mandatory for any state party against which a complaint by another state party is made, to submit itself to such a procedure. In most cases the procedures are of a fact-finding and mediatory character.Again, only under two (regional) treaties, the European and the American Convention on Human Rights, the initiating of such a procedure may lead to a binding decision.
Energy and Environmental Policy in the European Community and Canada
Authors: Lucas Alastair R.
Published: July 2009

European Community and Canadian federal environmental laws as they affect the energy sector -oil and gas, and non-nuclear electricity generation- are reviewed and comparatively analyzed. The study concludes that it is appropriate to consider the development of both the Canadian and European environmental law in terms of a federal model and that there are legal federalism lessons to be learned from both sides. While from an energy sector perspective EC and Canadian environmental policy and law have developed in a broadly similar manner, the study shows important differences in timing and pace of implementation. Canadian energy industries were required to respond earlier to strengthening and harmonizing of air quality standards, and to the scientific and public review demands of environmental assessment than their European counterparts. EC air pollution measures targeted the energy sector more directly and explicitly than is the case in Canada. The EC has also been more successful in coordinating and integrating environmental and energy policy, and is closer to implementing economic pollution control instruments such as tradeable permits and taxes. Canada has placed greater emphasis on civil and criminal liability, including personal liability ofcorporate officers and directors, and the energy sector hasresponded with environmental audits and improvements in compliance and corporate environmental planning. The Canadian energy sector has, to a greater extent than the European imdustry, been required to deal with increasingly extensive rights of the public to participate in environmental decisions.
The Convention on the Rights of the Child
Authors: LeBlanc Lawrence J.
Published: July 2009

The United Nations General Assembly adopted the Convention on the Rights of the Child in November, 1989, bringing to a close ten years of debate and discussion over the merits of the project as well as the content of its main provisions. Although some representatives expressed misgivings about the content of several articles of the convention, it was adopted by a broad consensus among the member states of the United Nations. In fact, in less than one year, by September, 1990, the convention had been ratified by more than twenty countries, the threshold figure established by Article 49 of the convention, and it entered into force. This set in motion the process for the election of the ten-member Committee on the Rights of the Child (CRC), the body that has been charged with implementing the convention, in February, 1991, and it is scheduled to begin functioning in the fall of 1991. As recently as March, 1991, the United Nations Secretary-General reported to the states parties that 71 states had either ratified or acceded to the convention and that almost 60 other states had signed it. By June, 1991, the ratification of the convention by Belgium brought the total of states parties to over 90.
The Commercial Exploitation of Outer Space: Issues of Intellectual Property Rights and Liability
Authors: van Traa-Engelman Hanneke
Published: July 2009

Rights and obligations connected with intellectual property and liability will influence the commercial exploitation of outer space by private entities. Whilst international space law facilitates private enterprise participation in space endeavour, additional action has been taken, on national as well as multi-national level, to provide the business community with the necessary incentives to play their role in the commercialization of space activities. The situation and legal developments described in this article mark the very beginning of a movement towards the consolidation and diversification of commercial space exploitation.
European Community Law in National Courts: a Continuing Contradiction
Authors: Boch Christine , Lane Robert
Published: July 2009

Unless the law is enforced, it cannot command respect. Securing proper observance and protection of Community rights has long been recognized to be a fundamental challenge for the Community. The burden falls principally to the national courts, guided by the European Court of Justice. However, the guidance offered appears at times at variance with itself. It seems in particular that, in some instances, the obligation of result laid down in directives simply cannot be achieved. This article looks at the case law on remedies developed by the European Court, seeks to identify inconsistencies therein and suggests how they might be cured.
The Public International Law Character of Transfrontier Agreements between Decentralized Authorities
Authors: Seerden Rene
Published: July 2009

It is submitted in this article that transfrontier agreements (of a publiclaw character) between decentralized authorities can be considered as a kind of international administrative agreements. After investigation of the power to conclude international (administrative) agreements and their (assumed) binding legal force in public international law, the article concludes that transfrontier agreements between decentralized authorities are in principle of a national and not of an international public law character. This article is also focussed on (overall) legal bases for transfrontier cooperation between decentralized authorities. In this respect the European Outline Convention on Transfrontier Cooperation Between Territorial Communities or Authorities is important and will be discussed. The purpose of this convention, in force in several European states, is to provide a legal basis for transfrontier cooperation (of a public law character) between decentralized authorities. However in this matter states still consider additional norms necessary. In this respect two additional treaties have been concluded and will be discussed. The article concludes that these treaties not really are overall legal bases for the conclusion of transfrontier agreements between decentralized authorities.
The Development of the United Nations Law Concerning Peace-Keeping Operations
Authors: Siekmann Robert
Published: July 2009

Especially as a consequence of the termination of the Cold War, the détente in the relations between East en West (Gorbachev's ‘new thinking’ in foreign policy matters) and, finally, the disappearance of the Soviet Union, the number of UN peace-keeping operations substantially increased in recent years. One could even speak of a ‘proliferation’. Until 1988 the number of operations was twelve (seven peace-keeping forces: UNEF ‘I’ and ‘II’, ONUC, UNHCYP, UNSF (West New Guinea), UNDOF AND UNIFIL; and five military observer missions: UNTSO, UNMOGIP, UNOGIL, UNYOM and UNIPOM). Now, three forces and seven observer missions can be added. The forces are MINURSO (West Sahara), UNTAC (Cambodia) and UNPROFOR (Yugoslavia); the observer groups: UNGOMAP (Afghanistan/Pakistan), UNIIMOG (Iran/Iraq), UNAVEM ‘I’ and ‘II’ (Angola), ONUCA (Central America), UNIKOM (Iraq/Kuwait) and ONUSAL (El Salvador). UNTAG (Namibia), which was established in 1978, could not become operational until 1989 as a result of the new political circumstances in the world. So, a total of twenty-three operations have been undertaken, of which almost fifty percent was established in the last five years, whereas the other half was the result of decisions taken by the United Nations in the preceding forty years (UNTSO dates back to 1949). In the meantime, some ‘classic’ operations are being continued (UNTSO, UNMOGIP, UNFICYP, UNDOF, and UNIFIL), whereas some ‘modern’ operations already have been terminated as planned (UNTAG, UNGOMAP, UNIIMOG, UNAVEM ‘I’ and ‘II’, and ONUCA). At the moment (July 1992) eleven operations are in action – the greatest number in the UN history ever.
The International Court of Justice and International Arbitration
Authors: Rosenne Shabtai
Published: July 2009

The purpose of this article is to examine the attitude of the International Court of Justice toward questions concerning different aspects of the international arbitration process. This relates in particular to disputes over the obligation to submit an alleged dispute to arbitration, disputes over the validity or nullity of an award rendered in an international arbitration process, and appeals to the International Court from other bodies with a power of dispositive decision. These questions have arisen in many different circumstances. The matter is also important having regard to the presence of compromissory clauses in international treaties conferring jurisdiction on the International Court itself, but only after it is clear that a process of arbitration, as the preferred method of dispute settlement, is not going to be successful in the concrete case.
The 1992 Fishery Agreement Between the European Economic Community and the Argentine Republic
Authors: Daverede A.
Published: July 2009

The Fishery Agreement concluded in 1992 between the European Economic Communities and the Republic oj Argentina provides an excellent example of the negotiating process leading to the conclusion of a treaty in the field of international fisheries. The Agreement shows how widely diverging interests and seemingly opposing views can be reconciled by two parties prepared to negotiate constructively and to develop a new generation of agreements. This article should be considered against the background formed by developments in the law of the sea. Particularly in the fields of the protection of the environment, the administration of resources and development policy, and the diverging interests that coastal states and ‘distant water fishing states’ have in these matters. To place the conclusion of this Treaty in the appropriate context, an overview of the structural and economic conditions of the fishery sector in Argentina and the European Communities will be given. Finally, the innovative technicalities of the new treaty will be discussed against this background.
The Long and Difficult Road Towards Integration. The Legal Debate on the Maastricht Treaty in Germany and the Judgment of the Constitutional Court of October 12, 1993.
Authors: Hobe Stephan
Published: July 2009

At the end of 1992 the law ratifying the Maastricht Treaty was passed by the German Bundestag without much discussion. Yet a heated legal debate developed later when a number of individuals filed claims with the German Constitutional Court seeking to prevent the deposit of the instrument of ratification. They claimed a violation of their basic rights owing to the envisaged transfer of sovereign competence from the German State to the European Union, with the purported result of loss of democratic control. In its judgment of October 12, 1993, however, the German Constitutional Court gave its approval to ratification of the Maastricht Treaty. This article analyses and examines the arguments put forward in the claims, that raised questions of statehood and led to consideration of the scope and limits of European integration. The author concludes with a favourable appraisal of the judgment, although he comments that it leaves unanswered the question of how the concepts of European integration and ‘preservation of statehood’ are to be reconciled.
Public Energy Companies Under the EC Treaty: An Overview of Law and Policy
Authors: Papaioannou Anna , Slot P.J.
Published: July 2009

This article examines state intervention in the energy sector under the EC Treaty. The analysis focuses upon Articles 37, on state trading monopolies, and 90, on public undertakings, the conferment of exclusive rights and undertakings entrusted with the operation of services of general economic interest. All these forms of business organisation are very common in the energy sector. The Commission's wish to introduce more competition in the public utilities sector is well served by the application of the Treaty rules on a case-to-case basis. Secondarily, legislation has also been adopted for the energy sector pursuant to Article 100A EC. There is considerable public debate on new proposals for directives which aim at further liberalisation in the energy market.
Un Peace-Keeping Forces: The Conditions of Change
Authors: Meijer Iris C.
Published: July 2009

United Nations peace-keeping was invented as a creative response to the inability of the United Nations to utilise all the possibilities of the Charter mechanism for collective security. To cover its lack of legal basis, over the years a set of semi-legal conditions was developed for peace-keeping. The recent expansion of peace-keeping operations has caused some changes in these conditions, while some of the current peace-keeping forces have moved so far away from the established format that they cannot even be qualified as true peace-keeping operations any longer. For better or for worse, keeping the peace United Nations style has taken its first irrevocable step towards enforcing it.
The Cooperative Joint Venture: The Rehabilitation of a Neglected Child
Authors: Ferdinandusse Ernst W.J.
Published: July 2009

On December 23, 1993 the European Commission adopted the final version of its Explanatory Notice concerning the assessment of cooperative joint ventures under Article 85 of the EC Treaty. This Notice is part of a general readjustment of the Commission's competition policy with regard to cooperative joint ventures. On that same date, the Commission took a further step in this respect by adopting Regulation 151/93/EEC, which widens the scope of four of the Commission's block exemption Regulations. This article gives an explanation of the four block exemption Regulations prior to and after their amendment by Regulation 151/93/EEC, and their importance in relation to stimulating the creation of cooperative joint ventures in the European Union. As a result of the introduction of Regulation 151/93/EEC, industry will be relieved in a number of cases from the administrative burden of having to notify joint venture agreements to the Commission in order to obtain an individual exemption from the prohibition contained in Article 85(1) of the EC Treaty.
Human Rights Violations: A Duty to Prosecute?
Authors: Edelenbos Carla
Published: July 2009

In this article, the author gives an overview of the main international legal norms that are relevant to imputiny for human rights violations, and their actual implementation, in order to answer the question whether imputiny is indeed in violation of present day general international law. In this context, attention will also be given to the development towards the establishment of an international criminal tribunal.
Legal Aspects of the EU Enlargement Negotiations
Authors: Oosterhof Albert
Published: July 2009

The recently concluded enlargement negotiations between the European Union and four applicant countries -Austria, Sweden, Finland and Norway-have so far been the last in a series of intensive negotiating efforts since the conclusion of the Treaty on the European Union (EU), the Agreement on the European Economic Area (EEA), the European Agreements with the Central and Eastern European countries and the conclusion of the Uruguay Round.
Protection of the Environment in Times of Armed Conflict: In Search of a New Legal Perspective
Authors: Verwey Wil D.
Published: July 2009

According to, e.g., some Western governments and the ICRC, existing rules of international law would provide adequate protection of the environment in times of armed conflict. However, a proper analysis of the existing rules, contained in relevant treaties and customary international law, suggests that this protection is currently far from adequate, in times of both international and non-international armed conflict. In order to ensure a better protection of the environment in times of armed conflict, a new approach is required which departs from the obvious necessity of a common recognition of the following three fundamental ideas: 1. the indivisibility of a healthy environment as an indispensable condition for the survival of present and future generations; 2. the necessity to disconnect the legal protection of the environment in times of armed conflict from its anthropocentric legal enclosure; and 3. the need to expand the protective scope of the relevant rules beyond the current level of merely prohibiting the known or expectable and the obsoleteness of the distinction between environment protection pursued by the law of peace and environment protection pursued by the law of armed conflict, as well as recognition of the environment as a common heritage (or at least a common concern) of mankind.
Minority Protection Within the Concept of Self-Determination
Authors: Schreuder Jean-Paul
Published: July 2009

Astract:

Does contemporary international law offer sufficient and effective means to prevent any future secession by national minorities? In order to answer this question, general international instruments concerning minority-protection, as well as more recent international instruments designed specifically for the protection of minorities, will be investigated. The role that a guaranteeing of collective and, in particular, political rights to national minorities have or can have in order to prevent future secession by national minorities, will be given special consideration. It will be concluded that, in the author's view, the above-mentioned question must be answered negatively, and that an extension of political and collective rights for national minorities is needed, in order to enable a prevention of future secessionist claims by national minorities.
The New Dispute Settlement:From the GATT to the WTO
Authors: Porges Amelia
Published: July 2009

On 30 December 1994 in Geneva, the four major players in world trade -the United States, the European Union, Japan, andCanada - accepted the Agreement Establishing the World Trade Organization (WTO Agreement).The entry into force of the Agreement on 1 January 1995 brings both expanded and improved trade rules and greatly improved enforcement. We have entered a new era in international dispute settlement. This brief article discusses the Understanding on Rules and Procedures Governing the Settlement of Disputes in Annex 2 of the WTO Agreement, the negotiating process that led to it, and the implementation of the Understanding in the United States.
The Danube: Damned or Dammed? The Dispute Between Hungary and Slovakia Concerning the Gabčíkovo-Nagymaros Project.
Authors: Hoenderkamp Erik
Published: July 2009

This article deals with the legal aspects of the dispute between Hungary and Slovakia concerning a joint project of locks and power-stations, which had to be constructed in the Danube at Gabc ikovo and Nagymaros. Rules of treaty-law, environ-mental protection, good faith, reprisal and contributory negligence will be applied to assess whether Hungary was entitled to terminate the treaty and whether Slovakia could lawfully construct a provisional solution. Furthermore the significance of the case and its submission to the International Court of Justice is addressed.
A Passage Through India (and Beyond) or A Case of Love Thy Neighbour?
Authors: Hare Christopher , Wong Jarrod
Published: July 2009

The geographical disadvantages faced by land-locked states place them in a particularly vulnerable position: unable to compete on equal trading terms with coastal neighbours, they are highly susceptible to all forms of economic and political ‘aggression’. Such measures produce more than the usual degree of ‘inconvenience’, but can so destabilise the state as to compromise its existence. Equity and the sanctity of ‘statehood’ require the protection of such states by furnishing them transit rights.Not only must international law recognise such rights as existing in one form or another, but must also provide adequate means of securing them. A society unwilling to redress natural imbalances and prepared to perpetuate an inherently unfair system is a society committed to conflict, rather than the maintenance of peace and security.
The Law of Non-Navigational Uses of International Watercourses ' The International Law Commission Completes its Draft
Authors: Fitzmaurice Malgosia
Published: July 2009

The purpose of the present study is to briefly introduce the final (1994) Draft Articles of the International Law Commission (hereinafter ILC) on The Law of Non-Navigational Uses of International Watercourses (hereinafter Draft Articles or 1994 Draft) and to analyse some of the more important and interesting provisions. It is not the intention to discuss basic theories relating to the management of international watercourses, on which numerous studies are already available. Nevertheless, the Draft Articles incorporate two fundamental principles of the law relating to watercourses, viz. the principle of equitable utilization and the no-harm rule, which will be treated at rather greater length because of their importance as well as certain ambiguities in the Draft Articles relating to them.
Hugo Princzv. Federal Republic of Germany: How Far Does the Long-Arm Jurisdiction of US Law Reach?
Authors: Cerna Christina M.
Published: July 2009

In order to present the Princz case1 to a reader unfamiliar with US law, some introductory comments of a general nature are considered advisable. For the reader familiar with US law, it is suggested that you jump over these comments and go directly to the presentation of the case.