bluuebunny/crossref_metadata_2025 huggingface dataset:
Repeal of the Neutrality Act
Authors: Wright Quincy
Published: April 2006

On November 17, 1941, the President signed an Act repealing Sections 2, 3, and 6 of the Neutrality Act of 1939 and authorizing him during the unlimited national emergency proclaimed on May 27, 1941, to arm United States merchant vessels. The repealed provisions had required transfer of title of all goods before export to belligerents and had prohibited American ships from being armed, from trading with belligerent ports, and from passing through combat areas proclaimed by the President. With elimination of the arms embargo by the Act of November 4, 1939, practical elimination of the loan prohibition by the Lend-Lease Act of March 11, 1941, and elimination of the "cash and carry" and "combat area" provisions by the present Act, the experiment in a new type of neutrality which Congress originated in 1935 was practically ended.
Expropriation of Foreign Property
Authors: Herz John H.
Published: April 2006

Strange as it may seem, a coherent theory of expropriation as a separate institution has not been developed in the literature of international law. For the most part only partial aspects of the subject have been treated, and under widely differing categories, e.g., under the general title of “ rights of foreigners,” or “ denial of justice,” or “ international responsibility of states.” But international practice, as embodied in diplomatic and judicial cases, yields sufficient material from which to develop a theory of expropriation as a coherent body of rules of positive international law.
The Taking of Hostages in Theory and Practice
Authors: Hammer Ellen , Salvin Marina
Published: April 2006

The current war has been marked by a drastic extension of the practice of taking hostages. Ever since antiquity such action has constituted a permissible expedient, as frequent in peacetime as during war. Only recently, however, has it become a major weapon of warfare. The contemporary experience of total war necessitates a revaluation of the law and practice in regard to hostages. German actions in this war have involved such marked disregard of international law as to bring into question the entire legal foundation of the taking of hostages.
The Coming of Economic Sanctions into American Practice
Authors: Williams Benjamin H.
Published: April 2006

Political institutions attain their stature largely by organic growth, taking form through a process of evolving practice. In this connection the economic sanctions developed by the United States in the years immediately preceding Pearl Harbor have much significance. As the architects of a new world order now draw up plans for the defense of the international community against war, they can include economic sanctions with greater assurance of American approval than in 1919. For certain types of such sanctions have in the last few years taken their place among our precedents, and the United States may well be expected to view proposals for their use with a more friendly eye than at the close of the first World War.
The Evolution of the Concept of the Just War in International Law
Authors: von Elbe Joachim
Published: April 2006

War, as a social phenomenon, has been defined as “a fight between human societies, in primitive conditions between savage tribes, in the civilized world between states.” Ever since history has recorded the activities of organized groups, war has been one of its principal topics. Since it appears to be a fundamental element in their life, its explanation has been sought in the basic conditions of their existence. Thus, it is said, the law of growth and expansion, innate as a natural tendency in the individual being as well as in organized societies, compels them with irresistible force to assert their rights and to seek “security” by combating others. War, it seems, is ordained by nature and is an inevitable result of competition.
Twenty-Fifth Session of the International Labor Conference
Authors: Simpson Smith
Published: April 2006

The 25th Session of the International Labor Conference opened on June 8 in Geneva and ended on June 28. Appropriately enough, its President was Dr. Edmond Schultess, of Switzerland, a Federal Councillor and chief of the economic department of the Swiss Government since 1925. This was the first time a Swiss national had been honored with this position and the appropriateness of the election lay in the fact that just fifty years ago Switzerland sent out a renewed invitation to an international labor conference which led directly to the convocation of the Conference in Berlin in 1890. Figures in the Provisional Record of the 25th Session list 45 countries represented at the session through 154 delegates and 198 advisers, for a total of 352 persons in attendance.
The Nuremberg trial Against the Major War Criminals and International Law
Authors: Ehard Hans
Published: April 2006

“The trial which is now about to begin is unique in the history of the jurisprudence of the world and it is of supreme importance to millions of people all over the globe.”

Thus spoke the President of the International Military Tribunal in Nuremberg, Lord Justice Lawrence, upon the occasion of the institution of the so-called Trial against the Major War Criminals on November 20, 1945. If his statement is correct, then the German people undoubtedly rank in first place among these millions. This also was the opinion of the chief prosecutor which recurred several times in his statements. Thus the French representative, Mr. François de Menthon, exclaimed:

This work of justice is equally indispensable for the future of the German people…The initial condemnation of Nazi Germany by your High Tribunal will be a first lesson for these people and will constitute the best starting point … of re-education which must be its great concern during the coming years…

Your judgment … can serve as a foundation for the moral uplift of the German people, first stage in its integration into the community of free countries. …
The Nuremberg Trial and the International Law of the Future
Authors: Rado Alan R.
Published: April 2006

On the 24th of October, 1945, the nationalization of mines, certain industrial enterprises, banks, and insurance companies was decreed in Czechoslovakia. The decrees took effect on the 27th day of October, 1945, the day of their promulgation. The purpose of this study is to examine these measures and their effects, first, on foreign-owned property in Czechoslovakia and, second, on assets of Czechoslovak nationalized enterprises located abroad. Particular emphasis will be placed on the effect of the decrees on property owned by American nationals in Czechoslovakia and on assets situated in the United States of enterprises nationalized in Czechoslovakia.
Soviet Concepts of the State, International Law and Sovereignty
Authors: Chakste Mintauts
Published: April 2006

The failure of the United Nations Organization to promote cooperation among its members in solving urgent international problems is a disappointing feature of the post-war world and compares unfavorably with the opening stages of the League of Nations activities, which were marked by a will to cooperation among the members and considerable success in resolving outstanding international problems. The reasons for this failure may be manifold, but it would seem that among them there is also a want of agreement on some basic concepts which are essential for the normal functioning of the Organization. As the main task of the Organization is the development of cooperation among nations according to the proclaimed principles for the achievement of the avowed aims, it appears to be indispensable that among the nations there exist a broad agreement on concepts which are not only essential for the understanding and observance of the purposes and principles of the Organization, but also of importance in determining mutual relations among the member states themselves. These would be the concepts of the state, law and sovereignty, which form the basis of every international order. It must, however, be admitted that there exists no agreement on these concepts among the members of the Organization, ft is just there that the rift between East and West manifests itself in a conspicuous way, and deprives the Organization of an essential prerequisite for successful functioning.
The Status of Hyderabad During and after British Rule in India
Authors: Das Taraknath
Published: April 2006

The relationship between the Government of the Union of India and the Princely State of Hyderabad has attracted world-wide attention. Through what seems to be complete misunderstanding of the legal status of Hyderabad, the United Nations placed the case on the agenda of the Security Council. Although the Nizam of Hyderabad, after the successful conclusion of the Indian Army's punitive expedition into Hyderabad, has petitioned the United Nations to withdraw the case, the question still remains on the agenda.
Regionalism and Political Pacts With Special Reference to the North Atlantic Treaty
Authors: van Kleffens E. N.
Published: April 2006

Points 2 and 3 of the Vandenberg Resolution, considered and agreed to on June 11, 1948, stated that it was the sense of the Senate that the United States Government, by constitutional process, should particularly pursue the following objectives within the United Nations Charter:

(2)

Progressive development of regional and other collective arrangements for individual and collective self-defense in accordance with the purposes, principles, and provisions of the Charter.

(3)

Association of the United States, by constitutional process, with such regional and other collective arrangements as are based on continuous and effective self-help and mutual aid, and as affect its national security.
The Charter of the United Nations and the Lodge Reservations
Authors: Gross Leo
Published: April 2006

The prompt adoption of the Charter of the United Nations by the United States stands in bold relief against the failure to ratify, the Covenant of the League of Nations twenty-five years ago. The causes responsible for the success of the Charter and the failure of the Covenant are probably diverse in character and varying in importance. The indorsement of the Charter by a virtually unanimous vote in the Senate was probably due in no small measure to the decision of the Roosevelt Administration to place the issue of American participation in an international security organization, almost from the very beginning, on a non-partisan basis. The issue, however, was not one of joining an international organization of the Woodrow Wilson type. The vote in the Senate, accordingly, does not necessarily represent a belated conversion to the idealism of Wilson. It would seem, on the contrary, that the Roosevelt Administration, drawing on the rich experience of international cöoperation during the interwar period, and more particularly during World War II, had taken care to keep from the Charter all the important matters to which the majority of the Senate, in voting on the Covenant with the Lodge Reservations on March 19, 1920, had taken exception. It may be that this policy was merely part of an over-all strategy aiming at bringing the United States into some sort of international security organization rather than running the risk of a repetition of the 1919/1920 drama. It may be, on the other hand, that the Roosevelt Administration, together with the other sponsoring governments, had become genuinely convinced that the League Covenant represented a type of international organization which, under the prevailing circumstances, was unattainable or undesirable or unworkable in practice.
The Progressive Development of World Copyright Law
Authors: Chediak Natalio
Published: April 2006

The three years that have elapsed since the end of the Second World War in Europe have shown the need for ever-increasing labor in the field of copyright law. With our world drawn ever closer, the two existing systems for the protection of intellectual workers will necessarily meet more frequently. A detailed study of the historical background and present makeup of these two bodies of conventional law should lay the groundwork for their coördination.
Atomic Bombs in International Society
Authors: Thomas Elbert D.
Published: April 2006

That man could destroy his civilization has been known, theoretically, for many years; now there is actual proof that he can. Atomic bombs have been unleashed in international society, the results of which have no comparison in history.
Trials of War Criminals (Non-Nuremberg)
Authors: Cowles Willard B.
Published: April 2006

The confusion and lack of information about trials of war criminals continues. In 1945 one of our most highly talented observers on international relations made the egregious error of telling a large and intelligent body of readers that, as regards Germans who had ordered or condoned acts of brutality toward the people of conquered countries, “there is no international law in existence” under which most of them could be brought to trial.
Liquidation of League of Nations Functions
Authors: Myers Denys P.
Published: April 2006

The Board of Liquidation of the League of Nations closed its accounts as of July 31, 1947, completing the dissolution of the institution established by the Covenant which had been effect since January 10, 1920. The dissolution itself—the cessation of all activities except for liquidation purposes—had been in effect since April 19, 1946, the day following the adjournment of the 21st ordinary session of the Assembly.
International Administration of European Inland Waterways
Authors: Wehle Louis B.
Published: April 2006

Gaius and Charlemagne and President Truman seem to be working hand in hand across the centuries to bring about coördination of European inland waterways. Under the law of the Roman Empire such waterways, when constituting or crossing international boundaries, were free to use by all nations within the Empire. Since 1815, as we shall presently see, there have been successive organized attempts, mostly unsuccessful, to revive and apply this principle of freedom of navigation of the Roman Law on the Rhine, the Danube, and elsewhere. The United States, through President Truman, at the July–August Berlin (Potsdam) conference of the victorious allies, proposed that navigation over the internal waterways of Continental Europe be free to all nations under international control. More recently, in the latter weeks of 1945, grave obstacles and problems threaten the realization of the Truman proposal. The writer believes that if we visualize clearly the mechanism and workings of an international body vested with control of inland river navigation, we can better appraise the merits of that proposal.
The United Nations and Specialized Agencies
Authors: Pollaczek Gustav
Published: April 2006

International coöperation in economic and social fields, a direct consequence of the amazing progress attained in the field of transportation and communications, has progressed during recent decades with remarkable speed. There were leagues and associations of states even in ancient times, and some of them were formed and maintained for economic as well as for political purposes, but modern economic and social cooperation extends to the most varied spheres of human activity and emphasizes more and more the interests of individuals as contrasted with those of states.1 It finds its most characteristic expression in the so-called public international unions, associations of sovereign states for the accomplishment of certain definite tasks in the economic and social field, but it is embodied also in the important work of private international associations. Organizations of the latter type have often been instrumental in bringing about important international regulations.
Rigid Versus Adjustable Techniques in Diplomacy
Authors: Potter Pitman B.
Published: April 2006

Recent critics of the Department of State have complained that “under its present leadership” the policy of the Department has been “ to go slow, play cautious, and be nice.” It is claimed that such a tactic is bound to be ineffectual in dealing with Moscow and Prague. Other critics have complained that the Department has failed to respond vigorously to the charges hurled at it by hostile politicians within the country; the Department seems, it is said, to have tried to avoid or evade or run away from controversy. It depends on public support for successful operations in many ways but does not try very hard to win that support. The second situation differs notably from the first, of course, being a case in domestic rather than international politics, but the choice involved is substantially the same in the art of group dynamics and constitutes an important problem, apart entirely from the substance of the questions at issue between the Department and its opponents, domestic or foreign.
Fourth Meeting of Consultation of Ministers of Foreign Affairs of American States
Authors: Kunz Josef L.
Published: April 2006

The Fourth Meeting of Consultation of Ministers of Foreign Affairs of American States took place in Washington from March 26 to April 7, 1951. This meeting, reasonably successful, again reflected the general world situation, the status of development of the Pan American idea and the crucial problem of the relations, within Pan America, of this country toward Latin America.
Austria’s Permanent Neutrality and the United Nations Organization
Authors: Verdross Alfred
Published: April 2006

In the Memorandum signed at Moscow, on April 15, 1955,1 the Austrian and Soviet Delegations came to an agreement binding the Austrian Delegation to carry out the following decisions and measures:

1. Referring to the declaration made at the conference of Berlin in 1954 neither to join a military alliance nor to allow foreign military bases in its territory, the Austrian Government will make a declaration in a form which will obligate Austria internationally to practice in perpetuity a neutrality of the type maintained by Switzerland.

2. After having ratified the State Treaty, the Austrian Government will submit this declaration to the Austrian Parliament for confirmation according to the Austrian Federal Constitution.

3. The Austrian Government will take all suitable steps to obtain international recognition of this declaration.

4. The Austrian Government will welcome a guaranty by the four Powers of the independence and territorial integrity of Austria.

5. The Austrian Government will seek to obtain from the governments of France, Great Britain, and the United States of America such a guaranty.
The Outlawry of War and the Law of War
Authors: Wright Quincy
Published: April 2006

This title appears to be self-contradictory. How can there be a law of war if war is outlawed? This apparent contradiction disappears, howover, if the distinction between “ war in the legal sense” and “ war in the material sense” is kept in mind. War in the legal sense has been in large measure “outlawed” ; that is, the international law conventionally accepted by most states no longer recognizes that large-scale hostilities may constitute a “state of war” in which the belligerents are legally equal. Such hostilities may, however, occur constituting war in the material sense, and “laws of war” may regulate such activities. This has, in fact, long been the situation within the state. All states “outlaw” domestic insurrection, rebellion and civil strife, yet if these events occur, they apply the laws of war to the hostilities involved in their efforts at suppression. The first modern codification of the law of war was, in fact, issued by the United States to apply to civil strife. Lieber's Code, however, distinguished the applicability of the rules of land warfare in international war and in civil war:

When humanity induces the adoption of the rules of regular war toward rebels, whether the adoption is partial or entire, it does in no way whatever, imply a partial or complete acknowledgment of their government, if they have set up one, or of them, as an independent and sovereign power…. Nor does the adoption of the rules of war toward rebels imply an engagement with them extending beyond the limits of these rules…. Treating, in the field, the rebellious enemy according to the law and usages of war has never prevented a legitimate government from trying the leaders of the rebellion or chief rebels for high treason, and from treating them accordingly, unless they are included in a general amnesty.
The Laws of War
Authors: Kunz Josef L.
Published: April 2006

It seems that the development of the laws of war from the beginnings of our international law to the present day has completed a full circle. With the definitive decentralization of the medieval communitas Christiana and the coming into existence of the national sovereign state, wars appeared in which new methods for the conduct of war—armies of mercenaries on foot, invention of gunpowder—were combined with the deep ideological split between Catholics and Protestants. The wars of that time were conducted with the greatest cruelty and inhumanity, reaching their climax with the terrible Thirty Years’ War, which may well be called a total war.
Discovery by Intervention: The Right of a State to Seize Evidence Located within the Territory of the Respondent State
Authors: Shah Nasim Hasan
Published: April 2006

Do states possess the right to seize evidence located within the territory of another, by forcible measures if necessary, if the object of this action is to procure the best evidence and thereby facilitate the task of an international tribunal in the decision of a dispute brought before it? In other words do states have the right to obtain discovery of evidence by intervention? This was one of the questions which the International Court of Justice was called upon to decide in the Corfu Channel Case.
Title to Territory: Response to a Challenge
Authors: Schwarzenberger Georg
Published: April 2006

The purpose of this paper is to test further a theory of international law, developed elsewhere in outline and primarily based on the evidence of the work of international judicial institutions and Anglo-American state practice. The main thesis is that, on the level of unorganized international society, international law can be presented in terms of a system of interrelated legal rules from which seven fundamental principles of international law can be abstracted.
The Thirty-Seventh Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

The thirty-seventh year of the World Court—the thirteenth year of the International Court of Justice—has been partially devoid of exciting news. Aside from the meeting for swearing the new members of the Court, and for the election of officers of the Court, there was no meeting of the Court until September 25, 1958.
In Re Eichmann: A Dilemma of Law and Morality
Authors: Silving Helen
Published: April 2006

Ours is an age of paradox. In science we are daily reaching ever greater achievements, overcoming time and space “and now nothing will be restrained from [us], which [we] have imagined to do.” We are literally reaching “unto Heaven.” These achievements in science are in large measure due to our ability to free ourselves of attachment to concrete “thinghood” and to advance toward ever greater abstraction. By contrast, in the humanities, in ethics, and in law, we are still deeply ingrained in a world of “things,” of the concrete and tangible, although a tendency toward abandonment of this orientation is increasingly noticeable. Personality values not tied to external, visible and tangible objects are emerging very slowly. In international law this process lags behind that observable in national legislation. Thus, for example, while spying on another state in the course of an authorized stay therein is widely practiced, there is deep resentment when the wrong consists in a wrongful “touching” of the territory of another state, for this violates “sovereignty” in an “immediate” rather than “consequential” manner, “sovereignty” being apparently conceived of as a physical entity rather than as the realm of a people’s privacy. This is reminiscent of early legal notions, such as the view that an action of trespass will lie only when there has been some direct physical contact, however slight, of the defendant with the body or property of the plaintiff, a view clearly rooted in belief in the magic of touching. A similarly “thinghood-bound” conception of international law is reflected in the recent United Nations Security Council resolution censuring Israel for the capture of Eichmann.
Prisoners of War and the Protecting Power
Authors: Levie Howard S.
Published: April 2006

One of the more significant, but inadequately recognized, developments in the field of the law of war which has occurred during the past half-century is that with respect to the institution of the Protecting Power. Surprisingly little has been written, especially in English, either on the general subject of the Protecting Power or on the specific subject of the Protecting Power and its relationship to the prisoner-of-war problem. This article will endeavor, to a necessarily limited extent, to fill that void, with the emphasis being placed on the gradual, but steady, expansion of the authority, responsibility, and functions of the Protecting Power in safeguarding the welfare of prisoners of war.
Soviet Criminal Legislation in Implementation of the Hague and Geneva Conventions Relating to the Rules of Land Warfare
Authors: Ramundo Bernard A.
Published: April 2006

On April 23, 1954, the Supreme Soviet of the Union of Soviet Socialist Republics ratified the Geneva Conventions of 1949 with reservations not here pertinent.
Diversity And Uniformity In The Law Of Nations
Authors: Jessup Philip C.
Published: April 2006

In addressing oneself to the subject of “diversity and uniformity in the law of nations,” it is well to suggest at the outset that these two attributes are perennially present not only in the international legal system but in many, if not all, legal systems. This is a statement of the obvious, but it merits some attention at a time when there is such a spate of writing about the changes in international law which are said to be required to meet the needs of an international society which is itself experiencing great changes.
Sir Hersch Lauterpacht’s Concept of the
Task of the International Judge
Authors: Rosenne Shabtai
Published: April 2006

When the late Sir Hersch Lauterpacht
became a member of the International Court of
Justice in February, 1955 (a position he was to
fill effectively for barely five years, until the
fall of 1959), he went to The Hague with some
thirty years of devoted study and practice of
international law behind him. As teacher and
student of international law, as a most highly
qualified publicist (in the words of Article 38(1)
(d) of the Statute of the Court) of recognized
universal authority, he had devoted himself both
to the law in general and in particular to the
problems of the judicial settlement of
international disputes, whether by the Permanent
Court of International Justice and its present-day
successor, the International Court of Justice, or
by ad hoc arbitration
tribunals. Indeed, his writings as a whole display
a rare preoccupation with the entire philosophy
and the practical problems of the judicial
settlement of international disputes, together
with a deep understanding of its limitations and a
satisfying freedom both from putting forward
extravagant claims in its behalf and from purely
theoretical speculations.
The United States Reaction to the Korean Attack: A Study of the Principles of the United Nations Charter as a Factor in American Policy-Making
Authors: Hoyt Edwin C.
Published: April 2006

Little scholarly effort has been devoted to consideration of the part actually played by international law in national decision-making. Diplomatic historians have tended to neglect the legal factor. Political scientists have discussed the rôle of law largely in general terms. The effort of international lawyers has been focused on statement of what the law is supposed to be. Some of this attention might usefully be diverted to study of the place of the legal factor in the making of specific decisions. Such studies should make possible more realistic discussion of the question whether the policy-makers are assigning the degree of emphasis to the factor of international law which is best calculated to promote the national interests and values they aim to serve.

What is attempted here is one case study focusing on the legal principles of the United Nations as a restraint and as an incentive to action in the United States reaction to the 1950 Communist attack in Korea. That reaction took two parts: (1) a decision to assist Korea within the framework of the United Nations, and (2) a decision to isolate Formosa from Communist attack by individual American action. After a brief outline of the Charter principles in question, we will consider the way in which each of these decisions was made, together with the domestic and international consequences in each instance.
Penal Sanctions for Maltreatment of Prisoners of War
Authors: Levie Howard S.
Published: April 2006

The trials of war criminals which occurred subsequent to World War II resulted in a veritable flood of learned books and articles reporting on these trials and discussing their propriety and their legal significance.
The United Nations Sub-Commission on the Prevention of Discrimination
and the Protection of Minorities
Authors: Humphrey John P.
Published: April 2006

The United Nations Sub-Commission on the Prevention of Discrimination and the Protection of Minorities has an interest which is belied by its subordinate position in the international hierarchy. Apart from the intrinsic interest of the work in which it is engaged—work at the very heart of some of the most hotly debated issues in the United Nations—the Sub-Commission, because of the manner of its composition, possesses certain characteristics which differentiate it significantly from most other United Nations organs. Like the now defunct Sub-Commission on Freedom of Information and of the Press which was created at the same time, it consists, in theory, at least, of experts acting in their individual capacity, an arrangement which—because it gave its members a degree of independence not possessed by representatives of governments—would, it was hoped, permit them to contribute to the solution of certain problems in ways not possible to the latter. How has this arrangement worked in practice, if at all? Does the Sub-Commission really act as a body of independent experts, or are its decisions motivated by the same kind of political considerations which motivate its superior bodies? Why has it so singularly failed to make any contribution towards the protection of minorities? “What have been its successes and what is its future?
Sedentary Fisheries and Article 2(4) of the Convention on the Continental Shelf —A Plea for a Separate Regime
Authors: Goldie L. F. E.
Published: April 2006

The open-endedness of the Continental Shelf Convention renders it vulnerable to misuse as a camouflage for extravagant claims by states seeking to extend their coastal jurisdiction far out into the abyss until, perhaps, they meet in an oceanic thalweg. The definition of the continental shelf in terms of exploitability and the inclusion of “sedentary species” among the “natural resources” of the continental shelf are the two greatest sources of this indeterminacy. Their elimination from the Convention would greatly reduce its fictional elements—the false colors it now provides for grandiose ambitions. On the other hand, the comment which follows does not purport to investigate the basic choice between accepting the exclusive competence of coastal states over sedentary fisheries and general community freedom from such competence. Assuming those issues to be beyond its scope, it is limited to the pragmatic evaluation of including sedentary fisheries within the scope of the continental shelf regime or, alternatively, of restoring a modified version of the Sedentary Fisheries Article which the International Law Commission proposed in 1951.
Inspection Experience Under the Antarctic Treaty and the International Atomic Energy Agency
Authors: Simsarian James
Published: April 2006

Two international programs have developed recently permitting inspections, one by national teams and the other by international teams. Although the two programs concern arms control, they are, however, both limited in scope and applicability. The Antarctic Treaty of 1959 authorizes national teams to inspect any area in Antarctica to verify compliance with prohibitions in the treaty against military uses. Under the, Statute of the International Atomic Energy Agency (IAEA), arrangements have been adopted which authorize Agency teams to inspect the peaceful uses of nuclear materials and facilities to ensure that they are not being used to further any military purpose.
Human Rights and World Public Order: A Framework for Policy-Oriented Inquiry
Authors: McDougal Myres S. , Lasswel Harold D. , Chen Lung-chu
Published: April 2006

From the Universal Declaration of Human Eights in 1948, through the adoption of the International Covenants on Human Rights in 1966, and to the Proclamation of Teheran in 1968, the human rights program under the auspices of the United Nations has represented a tremendous collective effort and symbolized the common aspirations of mankind for increasing the protection of all basic human values. This program, as greatly agitated and accelerated by the process of postwar decolonization and the rapid emergence and multiplication of newly independent states, has burgeoned far beyond the contemplation of the founding fathers of the United Nations.
Withdrawal from the United Nations the Indonesian Intermezzo
Authors: Schwelb Egon
Published: April 2006

The Charter of the United Nations does not contain an express provision prohibiting, permitting or regulating the question of withdrawal from the Organization. The absence of such a provision from the text of the Charter has caused uncertainty, confusion and controversy.
Legal Aspects of Pirate Broadcasting
Authors: Panhuys H. F. Van , van Emde Boas Menno J.
Published: April 2006

Modern science and technology have produced and will continue to produce new phenomena calling for new rules of law. Among these phenomena are the so-called “pirate” broadcasting stations, moored or installed outside territorial waters so as to escape the control of states. This new phenomenon has made its appearance in particular in Northwest Europe. It is natural, then, that states whose interests are actually or potentially adversely affected by such stations should contemplate what measures of protection are possible in fact and permissible in law.
International Arbitration
Authors: Stevenson John R.
Published: April 2006

Italy-United States Air Transport Arbitration. Advisory Opinion of Tribunal

After a dispute had arisen between the United States and Italy as to the rights of American air lines to operate all-cargo services to Italy, the question was submitted to the arbitral tribunal: “Does the Air Transport Agreement between the United States and Italy of February 6, 1948, as amended, grant the right to a designated airline of either party to operate scheduled flights carrying cargo only?”
The Legality of Naval Cruise Missiles
Authors: O’Connell D.P.
Published: April 2006

The sinking of the Israeli destroyer Eilat by Styx missiles from a naval platform during the 1967 hostilities between Israel and the United Arab Republic demonstrated that missile technology was sufficiently developed for this weapon to be effectively deployed. The appearance of the missile in naval armament has raised old questions of international law in a new form, and it seems appropriate that they should be discussed as an aspect of the search for a system of legal controls to limit the use of the sea for strategic and political purposes. The aim of this paper is to examine the question of protection of the innocent from injury both inside and outside the target area, and in times of war and local, limited hostilities.
The Middle East Problem
Authors: Wright Quincy
Published: April 2006

The Security Council resolution of November 22, 1967, seems to provide for a satisfactory solution of the Middle East controversy, and it is difficult to see how there can be a satisfactory settlement except on the basis of the principles on which that resolution is based. The preamble of that resolution states three fundamental principles.
Defining Aggression: Where it Stands and Where it 's Going
Authors: Ferencz Benjamin B.
Published: April 2006

It is seemingly easier to evoke aggression than to dispel it, and easier to commit aggression than to define it. What has been universally condemned as “the gravest of all crimes against peace and security throughout the world ” has yet to be consensually particularized. On the eve of its hundredth meeting, the U.N. Special Committee on the Question of Defining Aggression, the fourth United Nations body to deal with the topic since 1952, adjourned without having carried out its instructions. It did conclude by irresolute acclamation that progress had been made and that it should continue its work in 1973. Despite the semblance of unanimity, both points were not free from doubt. Defining aggression has perplexed legal scholars for nearly half a century. Those who are dedicated to the rule of law and to a rational system of conflict management may wish to consider some of the current disputations aS well as the expectations and requirements of the days or years to come.
The Latin American Contribution to the
Development of the Law of the Sea
Authors: García-Amador F. V.
Published: April 2006

National claims, whether made
unilaterally or at the regional or subregional
level, play a fundamental role in the development
of the law regarding the exploration,
exploitation, and conservation of natural
resources of the sea. The contribution to this
body of law made by the Latin American countries
has no parallel in any other group of countries or
region. This contribution has been not only
fruitful but extremely varied. Nevertheless, when
the different types or categories of claims are
analyzed, importantsimilarities can be noted among
the more recentclaims
Manifest Intent and the Generation by Treaty of Customary Rules of International Law
Authors: D’Amato Anthony
Published: April 2006

The World Court’s recent decision in the North Sea Continental Shelf Cases is a major contribution to that branch of the theory of customary international law dealing with norm-creation by means of a treaty. The Court articulated a new methodology for determining which provisions in treaties can form the basis of universally binding customary law. As the spreading network of international conventions becomes more fine-meshed, the substantive rules of international customary law may be expected to conform more and more closely to the provisions in these conventions. The World Court has implicitly recognized this process in many prior opinions, but it was not until the Continental Shelf decision that the link between treaty and custom was focused upon with precision. I shall argue in this essay that the Court used a method which might be called the rule of manifest intent, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.
Legal Restraints in Modern Arms Control Agreements
Authors: Stein Eric
Published: April 2006

In theory, we may envisage five principal types of national arms policy,reflecting as many policy objectives:

(1) Arming to obtain the greatest possible weapons preponderance on the assumption that armed conflict is imminent. This policy of amassing military forces without regard for its effect on the other side results in an unrestrained arms race.

(2) Arming to deter. The idea of deterrence is familiar to lawyers since it figures so prominently in criminal law. According to Schelling, deterrence as a strategic concept “is concerned with influencing the choices that another party will make, and doing it by influencing his expectations of how we will behave.” Deterrence “requires that there be both conflict and common interest between the parties involved; it is as inapplicable to a situation of pure and complete antagonism of interest as it is to the case of pure and complete common interest.”

(3) Arms control. This policy envisages measures that aim at reducing the danger of war and at slowing down the arms race. Such measures may or may not involve actual restrictions upon military activities or reduction of armaments.

(4) Comprehensive, reciprocal disarmament (“general and complete disarmament”), usually seen as a scheme “embodied in a single grand treaty leading by stages from less to more drastic and radical measures.” In the final stage, the capabilities of national forces are reduced to those required for internal security only and a centralized international machinery is charged with peacekeeping.

(5) Unilateral disarmament, a concept that is self-explanatory.
Self–Determination in International Law: The Tragic Tale of Two Cities–Islamabad (West Pakistan) and Dacca (East Pakistan)
Authors: Nanda Ved P.
Published: April 2006

The following inquiry into the internal conflict in East Pakistan suggests that under special circumstances a claim to self-determination, even in a non–colonial setting, may be valid under international law. Although the inherent difficulty is realized in (1) defining self-determination and (2) laying down the precise guidelines for a decision-maker to determine “special” nature of the circumstances, nonetheless it is submitted that a contextual analysis of the East Pakistani conflict, which follows here, demonstrates that at this stage a tentative set of criteria can and should be developed to resolve the conflicting claims revolving around the principles of “territorial integrity,” “self-determination,” and “non-intervention.”
El Chamizal
Authors: Jessup Philip C.
Published: April 2006

Territorial disputes are commonplace in the history of international relations. The United States has had its share—the northeastern boundary with the British territories after the Revolutionary War, “54:40 or fight” in 1845–1846, the Alaskan boundary arbitration in 1903, and many others— including El Chamizal. This “thicket” or “brierpatch” was one in which the friendly relations between the United States and Mexico were entangled for almost a century. “The Chamizal conflict has not been a major factor in United States-Mexican relations, but has been a constant emotional irritant which has plagued both nations and had frequent reverberations throughout Latin America.”
The Treaty on Treaties
Authors: Kearney Richard D. , Dalton Robert E.
Published: April 2006

The Vienna Convention on the Law of Treaties, the product of two lengthy sessions of the hundred-and-ten-nation conference held in 1968 and 1969 and of preparatory work extending over fifteen years by the International Law Commission, is the first essential element of infrastructure that has been worked out in the enormous task of codifying international law pursuant to Article 13 of the United Nations Charter. The previous codification treaties, the four conventions on the Law of the Sea, the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations and the Convention on the Reduction of Statelessness, did not, despite their intrinsic importance, grapple with the fundamentals of constructing a world legal order.
The Constitutionality of the Cambodian Incursion
Authors: Rogers William D.
Published: April 2006

Rarely, if ever, has the relationship between the President’s authority as Commander-in-Chief and Congress’s power to declare war been thrown into such sharp relief as by the Cambodian incursion. The issue is quite simple: Was the President within his power under Article II, Section 2, of the Constitution in ordering United States ground troops into Cambodia on April 30, 1970? The Constitutional question stands alone, in this instance freed of the other issues which tended to divert debate over United States involvement in South Viet-Nam and recent Presidential actions elsewhere.
Aircraft Hijacking: Its Cause and Cure
Authors: Evans Alona E.
Published: April 2006

A cartoon published last year in a Boston newspaper showed two passengers on an aeroplane, one turning to the other to say, “Uh-oh, the stewardesses have changed into their Cuban costumes.” Seventy-five successful hijackings of aircraft of United States and foreign registration in the past nineteen months have dampened this light-hearted approach to the subject. In recent months a bantering remark to a member of a flight crew as to the prospects for a side trip to Cuba has earned more than one passenger a delayed flight, a conversation with an agent of the Federal Bureau of Investigation, or an appearance in court on charges ranging from disturbing the peace to attempted aircraft piracy. For some passengers the hijacking of an aircraft may be a colorful interlude in the routine course of air travel; for the flight crew, the carrier, and the Federal Aviation Administration, it is a nightmare, a vicious form of Russian roulette in which the fate of the hijacker is inconsequential in comparison with the potential cost in lives of passengers and crew, not to speak of the value of the aircraft itself.
Hopes and Loopholes in the 1974 Definition of Aggression
Authors: Stone Julius
Published: April 2006

Central to claims made for the long “Consensus Definition” of aggression now embodied in UN General Assembly Resolution 3314, is that it has “accomplished its main purpose of depriving a potential aggressor of the possibility of using juridical loopholes and pretexts to unleash aggression.” To this Soviet theme the Senegalese representative added the prophecy that “there would no longer be any loopholes in international law of which an aggressor could take advantage.”
After the Fall: The New Procedural Framework for Congressional Control over the War Power
Authors: Franck Thomas M.
Published: April 2006

The Vietnam “war” was fought to preserve the balance of power between the non-Communist and Communist worlds. To the extent the global power equation ever rested on the outcome of that struggle, it cannot be judged a success for our side. In the process, however, another balance has also been altered, perhaps far more significantly: that between Congress and the Presidency in the conduct of foreign relations. Some would say that the Administration’s failure to win in Vietnam, together with the backwash of Watergate, created the opportunity for a long overdue redress in the constitutional balance of power between the branches. Others argue that the result has been to cripple the Executive’s ability to respond to the challenges of our era and to perform America’s role as leader of the free world. None would deny that the rules relating to the conduct of foreign relations have been fundamentally altered or restored to something nearer the classic intent of the Constitution’s framers.
Some Notes on the Future of the Antarctic Treaty Collaboration
Authors: Hambro Edvard
Published: April 2006

The Antarctic continent played no important part in international politics or international law before the present century,1 but scientific interest has been sustained for a much longer period. Shortly before and particularly during World War II, the strategic importance of the territory was recognized and the race to acquire new territory and to secure positions reached a new dimension of importance and urgency. The first important claim was made by Great Britain in 1908 and the last by Norway in 1939.2 Subsequent to that time several incidents have occurred, and many efforts
have been made to find a reasonable solution for some of the problems of the Antarctic