bluuebunny/crossref_metadata_2025 huggingface dataset:
Reversible cold gelation of sodium caseinate solutions with added salt
Authors: Carr Alistair J , Munro Peter A
Published: March 2004

During a study on the effect of addition of monovalent and divalent salts on the apparent viscosity of sodium caseinate solutions (Carr et al. 2002) it was discovered that many of the high viscosity solutions appeared to gel when refrigerated. Furthermore this cold gelation was found to reverse on heating. The phenomenon of reversible cold gelation of caseinate solutions has not been reported. The most well known example of reversible cold gelation is gelatin solutions, but a number of polysaccharides also form gels on cooling, e.g. agarose, pectin and carrageenan (Evans & Wennerstrom, 1994). Whey proteins also gel at 25 °C in the presence of calcium ions, though not in their absence, and this gelation is not reversible (Barbut & Foegeding, 1993).
Molecular modelling of the multiphosphorylated casein phosphopeptide αS1-casein(59-79) based on NMR constraints
Authors: Huq N Laila , Cross Keith J , Reynolds Eric C
Published: March 2004

Casein micelles contain stabilized amorphous calcium phosphate that is bioavailable to the neonate (Holt & Sawyer, 1988). Tryptic phosphopeptides formed from casein digestion associate with amorphous calcium phosphate forming stable nanocomplexes that have been described as calcium phosphate delivery vehicles (Holt et al. 1996; Reynolds et al. 1999, 2003; Farrell et al. 2002).
Algal meal supplementation of the cows' diet alters the physical properties of milk fat
Authors: Singh Anand Pal , Avramis Connie A , Kramer John KG , Marangoni Alejandro G
Published: March 2004

A three-week algal meal supplementation of the cows' basal diet resulted in an increase in the firmness of milk fat crystallized isothermally at 5 °C for 24 h – the apparent elastic constant increased from 100 to 224 N/mm. This was accompanied by a decrease in solid fat content, from 47·7% to 44·4%. The crystallization behaviour of milk fat was also modified significantly. The rate constant of crystallization (Avrami constant) of the enriched milk fat at 19 °C was ∼20 times higher than that of control milk fat. A shorter induction time of nucleation was also observed in the temperature range [20, 27 °C]. These effects were attributed to a higher degree of supersaturation of the enriched milk fat. Enriched milk fat nucleated in a more stable β' polymorphic form at 5 °C, while control milk fat nucleated in the metastable α form, as determined by powder X-ray diffraction and differential scanning calorimetry. Changes in the microstructure of the material were observed by polarized light microscopy at 5 °C. The enriched milk fat displayed a greater amount of crystal clustering than the control. This effect was reflected in a decrease in the box-counting mass fractal dimension (Db) of the fat crystal network from 1·853 to 1·809. The decrease in Db closely predicted the observed 2·2-fold increase in the elastic constant of the fat. These changes in mechanical properties, crystallization behaviour and microstructure were driven by an increase in the 18[ratio ]1trans and a decrease in the 18[ratio ]1cis fatty acid content of the enriched milk fat.
AS Foot CBE. Msc. – Obituary. 20th January 1909–2nd March 2003.
Authors: Balch Clive C , Kingwill Roger
Published: March 2004

Arthur Samson Foot was born on the family dairy farm in South Dorset, where he gained practical farming and management skills. Much in his career has shown the importance of this background. He always strived to relate his science to practice. He was proud of his roots, and seldom happier than when on a farm.
Building the normative dimension(s) of a global polity
Authors: Brassett James , Higgott Richard
Published: March 2004

Globalisation is not what it used to be. Earlier debates over how to read the indicators of economic liberalisation and the impact of technological expansion have now been joined by the increasingly pressing need to explore the social, environmental and political aspects of global change. Earlier discussions emphasised a number of dichotomies within the international political economy – open/closed, state/market and so on. These have proved limited in their ability to inform explanations of change under conditions of globalisation. To these we must now add what we might call the ‘governance from above’, ‘resistance from below’ dichotomy as a popular metaphor for understanding order and change in international relations under conditions of globalisation. But this new binary axis is in many ways as unsatisfactory as those that went before. It too can obscure as much as it reveals in terms of understanding the normative possibilities of reforming globalisation. In this article we wish to suggest that there is perhaps a more useful way of thinking about politics and the changing contours of political life in the contemporary global order. This approach blurs the distinction between governance and resistance by emphasising an ethical take on globalisation.
Legitimacy in a global order
Authors: Clark Ian
Published: March 2004

This is a study of legitimacy in a global order, not legitimacy of the global order. It explores the challenging issue of what legitimacy might mean within such a context, and on what basis that order could develop its own principles of legitimacy. Its purpose is to garner further insights into the nature of contemporary global governance, and resistance to it, inasmuch as the latter is widely deemed to be symptomatic of the legitimacy crisis at its heart. A multitude of writers, working from quite different perspectives, is in agreement that it is this lack of legitimacy that threatens the very fabric of the order. Indeed, it is common to regard the emergence of concerns about the declining legitimacy of any system as itself indicative of some kind of failure within it: the concept tends to be associated with the ‘politics of crisis’. Accordingly, we are most likely to ask questions about the legitimacy of a system only when things appear to be going wrong. If this is so, legitimacy provides a vital key to understanding the tensions within the contemporary global order.
The power of representation: democratic politics and global governance
Authors: Colás Alejandro
Published: March 2004

The notion of democracy has been invoked in the past decade by both opponents and proponents of global governance. Many in the so-called ‘anti-globalisation’ movement have underlined the inherently unaccountable, opaque and unrepresentative nature of global governance, whilst those more sympathetic to the pluralising dynamics of the phenomenon have emphasised the potentially democratic aspects of this new form of rule, especially with reference to the incorporation of a putative ‘global civil society’ into the structures of global governance and the accompanying diversification of sources of international political authority. Yet both critics and advocates also tend to agree that there are two basic challenges to (on some accounts, causes of) global governance: the global capitalist market and the concomitant system of sovereign states. The disjunctures generated by the operation of these two structures of power, so both liberal defenders of global governance and their radical, anti-capitalist contenders argue, have created the conditions for decentralised, multilateral mechanisms of socioeconomic and political management of world affairs, that is, ‘global governance’. It therefore seems that the question on both sides of this divide, is not so much whether to do away with transnational, multilateral forms of political authority altogether (although that is certainly one aim in some quarters of the anti-globalisation movement) but rather, how to render these democratic, that is, how to democratise global governance.
Global civil society: a liberal-republican argument
Authors: Kenny Michael
Published: March 2004

This article highlights two of the most influential normative perspectives upon the ethical character of global civil society in Anglo-American political thought. These are considered under the headings of liberal cosmopolitanism and subalternist radicalism. Within international political theory, the main alternative to cosmopolitan arguments is usually regarded as provided by moral theories that invoke the continuing significance of national boundaries in relation to political community. The rivalry between cosmopolitan convictions and nationalist ethics is deeply entrenched within Anglo-American thinking. As a result, international political theory seems to throw up a fundamentally antinomian choice: either we possess overriding duties and obligations to others, irrespective of our nationhood; or the borders of a settled nation-state substantially define our sense of political identity and justify a marked ethical partiality towards our fellow nationals. Such is the hold of this antinomy upon the Western political imagination, it seems, that alternative conceptions of the relationship between territory, community and ethicality have been neglected or dismissed as unduly heterodox. Given the continuing purchase of this dualistic approach on international political ethics, the recovery and normative evaluation of various alternatives is a task of some intellectual importance.
Human rights and the global politics of resistance: feminist perspectives
Authors: Robinson Fiona
Published: March 2004

Talk of human rights is, currently, nearly as ubiquitous as talk of globalisation. While globalisation has been described as ‘the most over used and under specified term in the international policy sciences since the end of the Cold War’, the same could reasonably be said of ‘human rights’. Human rights are a product of the immediate aftermath of World War II, and thus they developed, in their contemporary form, in the context of the Cold War. The philosophical and political roots of human rights, of course, date back at least to the seventeenth and eighteenth centuries, and some would say even further, to the Stoics of Ancient Greece. Globalisation, too, has unfolded mainly in the late twentieth-century and has reached a position of prominence in the post-Cold War context; at this juncture, and according to popular perception, the spread of market capitalism, Western culture and modern technology fit comfortably with the death of socialism and the ‘end of history’. But globalisation too has roots that date back much earlier – as early as, it has been argued, the fourteenth century.
Globalising common sense: a Marxian-Gramscian (re-)vision of the politics of governance/resistance
Authors: Rupert Mark
Published: March 2004

The impoverishment of mainstream International Relations (IR) scholarship, especially as it is practised in the bastions of academic power and respectability in the United States, can be registered in terms of its wilful and continuing conceptual blindness to mutually constitutive relations of governance/resistance at work in the production of global politics. This has been underscored in recent years by the rise of powerful transnational social movements seeking to reform or transform global capitalism, a coalition of coalitions recently reincarnated in the form of a global peace movement opposing the blatantly neo-imperial turn in US foreign policy. As the essays in this Special Issue attest, critical scholars of world politics have developed conceptual vocabularies with which to (re-)construct, from various analytical-political perspectives, aspects of these governance/resistance relations. My task in this article is to argue that – under historical circumstances of capitalist modernity – a dialectical understanding of class-based powers is necessary, if by no means sufficient, for understanding social powers more generally, and issues of global governance and resistance which implicate those powers. Although it is not without its tensions and limitations, I have found re-envisionings of Marxian political theory inspired by Western Marxism – and in particular by interpretations of Antonio Gramsci – to be enabling for such a project. Marxian theory provides critical leverage for understanding the structures and dynamics of capitalism, its integral if complex relationship to the modern form of state, the class-based powers it enables and the resistances these engender; and Gramsci's rich if eternally inchoate legacy suggests a conceptual vocabulary for a transformative politics in which a variety of anti-capitalist movements might coalesce in order to produce any number of future possible worlds whose very possibility is occluded by capitalism. In the present context of globalising capitalism and neo-imperialism, such resistance has taken the form of a transnational confluence of movements for global justice and peace.
Challenging globalisation: toward a feminist understanding of resistance
Authors: Marchand Marianne H.
Published: March 2004

‘Given the success of Naomi Klein with her book No Logo and Noreena Hertz's The Silent Takeover, can we infer from this that feminists are finding themselves in the limelight of the anti-globalisation movement?’ With this question a reporter of the Dutch magazine Op Gelijke Voet approached me about two years ago.
Governance and resistance in world politics
Authors: Maiguashca Bice
Published: March 2004

For several decades after International Relations (IR) became a fully-fledged field of study at British and American universities, it worked with a relatively simple conceptualisation of ‘politics’ as such. In the international context, ‘politics’ involved an ongoing struggle for power among sovereign states, with war the worst-case outcome of this struggle. Power itself was defined essentially in terms of military and economic ‘capabilities’. The fundamental structural condition of international anarchy meant that, in the absence of the kinds of constraints upon conflict that operate within states, only such crude mechanisms as a balance of power, or fragile institutions such as diplomacy or international law, served to impose some degree of order upon the system as a whole. While the Cold War brought an additional, ideological dimension to this struggle for power, in other respects it also simplified it by making it bipolar. Hence although much more was seen to be at stake in this contest than, for example, the nineteenth-century struggle for power in Europe, which gave the Cold War confrontation a zero-sum quality, the nature of the political processes at work was conceptualised in relatively straightforward terms. The ‘high politics’ of the global strategic contest between the superpowers not only transcended the ‘low politics’ of issues such as trade, they subsumed and gave a particular shape to numerous lesser conflicts in the Third World, which were frequently characterised as Cold War ‘proxies’.
Creative Legal Engineering
Authors: Lefeber René
Published: March 2004

The article introduces innovative means by which states can express their consent to be bound by treaties. Such innovative means have been incorporated in some multilateral environmental agreements that were concluded in December 1999 and January 2000. It is discussed whether limits of law-making have been transgressed by the use of these innovative means as the law of treaties allegedly presupposes that states actually give their consent to new treaty obligations, take some active step to express their consent to such obligations and do so at a time that the obligations were in existence and were known to them.
New War, Old Law: Can the Geneva Paradigm Comprehend Computers?
Authors: Beckett Jason
Published: March 2004

Strategic Information Warfare (SIW) has recently begun to garner significant interest among the military and strategic defence communities. While nebulous and difficult to define, the basic object of SIW is to render an adversary's information systems inoperative or to cause them to malfunction. While information is the key, the means, and the target of SIW, real world damage is the intention and effect. It is, nonetheless, an area which has been almost completely ignored by positive international law. The purpose of the present article is to begin to resolve this lacuna by analysing the applicability to, and effect of, international humanitarian law (IHL) on SIW. The author makes recommendations as to possible alterations and improvements to IHL to resolve this lacuna.
[In] 1956 when Khrushchev said: “We will bury the West.” What he was really saying was that the military industrial complex of the Soviet Union would win out over the military industrial complex of the West – and note that it's industrial. What Khrushchev didn't understand was that 1956 was the first year in the United States that white-collar and service employees outnumbered blue-collar workers. […] The industrial complex, military or not, was at its end point.Alvin Toffler, Novelist and Social Theorist
List of Current Proceedings
Authors: Amaya-Castro Juan M. , Weitzel Ursula E.A.
Published: March 2004

On 8 July 1991, Qatar filed an application instituting proceedings against Bahrain in respect of certain disputes between the two states relating to sovereignty over the Hawar Islands, sovereign rights over the shoals of Dibal and Qit'at Jaradah, and the delimitation of the maritime areas of the two states.
Constitutional and Institutional Developments
Authors: Amaya-Castro Juan M. , Weitzel Ursula E.A.
Published: March 2004

On 20 September 1999, Eduardo Valencia-Ospina, Registrar of the International Court of Justice, advised Judge Stephen M. Schwebel, President of the Court, by a letter of 17 September 1999 that he would leave office on 5 February 2000. In his letter he stated that having drawn nearer to finishing his own term of duty and having achieved, thirty-five years in the service of the United Nations as well as being about to reach sixty years of age, he found no new reason to compel him to run for a fourth election. Moreover, he stated, that in view of the date of termination of his functions, he concluded that he could best serve the Court by leaving office before the election of the new President. In this manner, whoever is chosen will, likewise, be able to count, throughout the duration of his or her presidential period, on the continuous assistance of one and the same Registrar. By a letter of 20 September 1999, Judge Schwebel, President of the Court, accepted his resignation.
Commentary: Kosovo and the Responsibility of Power
Authors: Allott Philip
Published: March 2004

The bombing of Kosovo was a crude manifestation of a clash of immanent world-views. The negative of a pre-1945 horizontal and bilateral international structure by a post-1945 vertical and multilateral structure is beginning to produce a new structure, a structure of international social order, a third dimension which contains and surpasses the other two. The International Court, itself an institutional relic of an horizontal and bilateral world, is not well placed to assert social responsibility over the arrogant public-realm power which is being wielded in the name of international social order.
List of Current Proceedings: Update
Authors: Pigott Sarah
Published: March 2004

Following the detention of Damir Došen by SFOR on 25 October 1999, Trial Chamber III (Judges May (Presiding), Bennouna and Robinson) scheduled an initial appearance hearing to take place on 1 November 1999. However, the accused was unable to attend the hearing. The initial appearance hearing was subsequently held on 8 November 1999, during which the accused pleaded ‘not guilty’ to all counts charged against him in the amended indictment, as confirmed on 30 August 1999.
Constitutional and Institutional Developments
Authors: Rydberg Åsa
Published: March 2004

On 16 November 1999, during the Twenty-first Plenary Session of the International Criminal Tribunal for the former Yugoslavia (ICTY), the Judges chose Judge Jorda as the new President of the ICTY. Judge Jorda took over the presidency from Judge Gabrielle Kirk McDonald, who left the ICTY at the end of the first term of her presidency. A French national, President Jorda has been a Judge at the ICTY since January 1994. Since October 1995, he has been the Presiding Judge of Trial Chamber I of the ICTY.
Commentary: The Čelebići Case: A Comment on the Main Legal Issues in the ICTY's Trial Chamber Judgment
Authors: Sunga Lyal S.
Published: March 2004

The Čelebići Trial Judgment, rendered by the International Criminal Tribunal for the Former Yugoslavia – the first ever to involve the joint trial of more than one accused – considers numerous important issues, from the method of interpreting international criminal law, the meaning and interrelationship between Articles 2 and 3 of the Statute, the character of the armed conflict and the status of “protected persons”, to many difficult questions surrounding the heinous acts perpetrated in Čelebići Camp. This comment analyzes the reasoning of the Trial Chambers to critically evaluate the significance of this fascinating case for the future development of international criminal law doctrine.
The Evolution and Scope of Command Responsibility
Authors: Lippman Matthew
Published: March 2004

The statute of the newly established international criminal court provides for command responsibility; the vicarious liability of civilian and military officials for the internationally proscribed conduct of their subordinates. The interpretation of this provision requires an understanding of the doctrine's complex and convoluted evolution. The Geneva Protocol of 1977 created a measure of uniformity. The Geneva Protocol, along with the Delalić decision of the trial chamber of the Criminal Tribunal for the Former Yugoslavia, likely will inform the interpretation of command responsibility under the statute of the International Criminal Court.
List of Current Proceedings: Update
Authors: Hamilton Phyllis Pieper
Published: March 2004

On December 17, 1999 the President of the Eritrea/Yemen Arbitration Tribunal, Sir Robert Jennings, presented the representatives of those Governments with the Tribunal's Unanimous Decision (Award) determining the international maritime boundary between Eritrea and Yemen in the Red Sea. In an Award ceremony hosted by the British Foreign Office, Foreign Minister for Eritrea, Haile Weldensae and the Ambassador to London from Yemen, Dr. Hussein Abdullah El-Amri, were presented with the decision regarding the boundary.
On Children and Dual Nationality: Sabet and The Islamic Republic of Iran
Authors: Combs Nancy Amoury
Published: March 2004

The Iran-United States Claims Tribunal's recent decision in Sabet and The Islamic Republic of Iran sheds new light on difficult issues concerning the dual nationality of minors. In particular, the case was the first in which the Tribunal determined minor dual national claimants to have a dominant and effective nationality different from that of either of their parents. Further, the Tribunal broke new ground in its analysis of ‘the caveat,’ an equitable doctrine that can bar the claims of dual nationals. This article applauds the Tribunal's advances in its caveat jurisprudence and develops a new approach that would further those advances.
The Norm of Justice and the Negotiation of the Rambouillet/Paris Peace Accords
Authors: Williams Paul R.
Published: March 2004

With the creation of the International Criminal Tribunal for the Former Yugoslavia and the imminent creation of a permanent International Criminal Court, as well as the proliferation of public statements by high government officials endorsing the norm of justice, many commentators are hypothesizing that the long running tension between peace and justice may be undergoing a period of reconciliation. A brief review of the efforts to incorporate the norm of justice in the Rambouillet/Paris Accords and UNSC 1244 indicates that only minimal progress has been made in the reconciliation between the quest for a negotiated peace and the norm of justice.
As the most powerful nation committed to the rule of law, we have a responsibility to confront these assaults on humankind. One response mechanism is accountability, namely to help bring the perpetrators of genocide, crimes against humanity, and war crimes to justice. If we allow them to act with impunity, then we will only be inviting a perpetuation of these crimes far into the next millennium. Our legacy must demonstrate an unyielding commitment to the pursuit of justice.David SchefferUS Ambassador for War Crimes
The search for a juster peace than was obtainable at the negotiating table has inflicted hardship and havoc on innocent civilians within the former Yugoslavia and exacted a heavy price from the already weak economies of the neighboring states.David OwenCo-Chair of the International Conference for the former Yugoslavia
A Right to Self-Determination for the Kosovo Albanians?
Authors: Quane Helen
Published: March 2004

The international community's response to recent events in Eastern Europe might suggest that the right to self-determination is evolving in such a manner that it can be invoked by territorially cohesive, ethnic groups within States. The present analysis of whether the Kosovo Albanians have a right to internal and/or external self-determination tends to cast doubt on whether this evolution is taking place. While the international response to the Kosovo crisis may contribute to an emerging norm against the oppression of minorities it is doubtful whether it extends the right to self-determination beyond the existing beneficiaries of the right, namely, peoples organized as States and colonial peoples.
Immunity of a Former Head of State General Pinochet and the House of Lords: Part Three
Authors: Bröhmer Jürgen
Published: March 2004

The third decision of the House of Lords in the Pinochet matter is significant, because the House of Lords upheld the majority view taken in the first decision: heads of state can, under certain circumstances, be held responsible for gross violations of human rights in the criminal courts of a foreign country. The decision is based on three main pillars. The Lords had, first, to clarify what constitutes an extradition crime under the Extradition Act 1989; second, to construct torture as an international crime; and, finally, to reject the plea of immunity of a former head of state in the context of the international crime of torture.
Considerations Regarding the Hormones Case, the Precautionary Principle and International Dispute Settlement Procedures
Authors: Hey Ellen
Published: March 2004

This essay focuses on the (non)application of the precautionary principle in the Hormones Case. It concludes that the finding of the Appellate Body that the precautionary principle, as such, cannot overrule the explicit wording of Articles 5.1 and 5.2 of the SPS Agreement is debatable, if a similar principle or concept were to exist in health law – a line of thought that is not pursued by the Appellate Body in its consideration of the precautionary principle. In addition, the article includes considerations about the problems that arises if substantive unity is sought in a procedurally non-unified system for international dispute settlement.
The Nationality Decrees Case, or, Of Intimacy and Consent
Authors: Berman Nathaniel
Published: March 2004

International lawyers, especially human rights lawyers, praise the Nationality Decrees decision as a watershed in the progressive expansion of international jurisdiction. Reexamination of the case challenges this understanding. The case proves to have involved a confrontation between rival colonial conceptions: French stress on the intimacy of an imperial tuteur with its protégés versus British focus on consent to subordination. Reexamination also reveals the decision as highly restrained, rejecting a French call for a judicially formulated colonial code. The case's protagonists bequeathed a conflicted conceptual legacy concerning international authority and nationality policy in whose wake debates about today's new internationalism follow.
[Un protectorat] reste encore, à quelques égards tout au moins, au dehors, en marge, de façon qu'il y ait un dernier effort, un dernier acte à accomplir pour que ce territoire, qui reste nominalement, par une subtilité juridique, séparé du territoire national, s'y touve enfin réuni.[A protectorate] remains, in certain respects at least, outside, in the margin; so that a final exertion, a final act remains to be performed; in order that this territory which remains by a legal nicety nominally separated from the national territory may be finally united to it.Alfred de Lapradelle, French Oral Argument, Nationality Decrees Case
A Redistribution of Authority Between the UN and Regional Organizations in the Field of the Maintenance of Peace and Security?
Authors: Deen-Racsmány Zsuzsanna
Published: March 2004

The UN Charter and customary law contain significant ambiguities concerning the prohibition of enforcement measures by regional organizations. This fact – coupled with practical necessity – appears to have been responsible for the failure of the UN to condemn the unauthorized use of force by regional organizations in Liberia and Sierra Leone. These cases and legal doctrine suggested increasing regional autonomy in this field. Although reactions to Operation Allied Force in Kosovo cooled the enthusiasm of those who wished for the legitimization of such actions, evidence suggests that under certain circumstances unauthorized regional enforcement measures may at least avoid condemnation.
List of Current Proceedings: Update
Authors: van Alebeek Rosanne , Weitzel Ursula E.A.
Published: March 2004

On 22 September 1999 the Islamic Republic of Pakistan instituted proceedings against India before the International Court of Justice concerning the shooting down of a Pakistani aircraft by Indian air force planes on 10 August 1999. In its Application filed in the Registry on 21 September 1999 Pakistan contends that the “unarmed Atlantique aircraft of the Pakistan navy was on a routine training mission with sixteen personnel on board” when “while flying over Pakistan air space it was fired upon with air to air missiles by Indian air force planes, without warning”, resulting in the death of all 16 personnel, “mostly young naval trainees”. It maintains that the aircraft, when shot down, was in an area situated approximately 70 to 90 miles east of Karachi and that it was “carrying out various training exercises and manoeuvres of instrument.” According to Pakistan, after radar contact was lost with the aircraft at 10.55 a.m., an intensive search was undertaken by Pakistani aircraft and helicopters and the wreckage was discovered around 2.55 p.m. 2 kilometres inside Pakistan territory. Pakistan further maintains that in the two and a half hours which elapsed between the shooting down and the discovery of the wreckage, “Indian helicopters […] sneaked into Pakistan's territory to pick up a few items from the debris […] in order to produce ‘evidence’ for [India's] initial claim that the Atlantique had been shot down over Indian air space.” However, according to Pakistan, because of the “overwhelming evidence […] Indian officials were obliged to admit that the Atlantique had indeed been shot down over Pakistan's air space.”
Constitutional and Institutional Developments
Authors: van Alebeek Rosanne , Weitzel Ursula E.A.
Published: March 2004

On 7 February 2000 Judge Gilbert Guillaume (France) was elected President of the International Court of Justice (ICJ) by his peers. He has been a member of the Court since 14 September 1987. Judge Shi Jiuyong (China) was elected Vice-President. He has been a member of the Court since 6 February 1994. They will both serve a three-year term.
Attainments of Eduardo Valencia-Ospina as Deputy Registrar and Registrar of the International Court of Justice
Authors: Schwebel Stephen M.
Published: March 2004

In his years as Deputy Registrar (1984–1987) and Registrar (1987–2000), Eduardo Valencia-Ospina made outstanding contributions to the work of the International Court of Justice.
Two Remarkable Men Have Left the International Court of Justice
Authors: Kooijmans Peter
Published: March 2004

In February 2000, two distinguished judges, Judge Christopher G. Weeramantry and Judge Stephen M. Schwebel, resigned from the International Court of Justice as respectively Vice-President and President. Both men left a clearly recognizable stamp on the Court's case law, although their trademark was very different. What they had in common, however, was that they wrote a great number of highly interesting and thought-provoking opinions, sometimes of considerable length. In this article, the intention has been to let both judges speak for themselves as members of the Court, as representatives of the judicial branch which they both held in high esteem.
List of Current Proceedings: Update
Authors: Pigott Sarah
Published: March 2004

Following the detention of Dragoljub Prcač by SFOR on 5 March 2000, the accused pleaded “not guilty” to all counts charged against him in the amended indictment, dated 8 March 2000, at his initial appearance hearing on 10 March 2000.
Constitutional and Institutional Developments
Authors: Rydberg Åsa
Published: March 2004

Two additional agreements have been concluded on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY). On 25 February 2000, an agreement was concluded between the Government of the French Republic and the United Nations on the enforcement of sentences of the ICTY. Thus, France thereby became the first permanent member of the Security Council to conclude such an agreement. A month later, on 28 March 2000, another agreement was concluded between the Kingdom of Spain and the United Nations. Both these agreements will enter into force upon notification to the United Nations by the respective states that the necessary national legal requirements have been met. Previously, agreements have been concluded with the following states: Italy, Finland, Norway, Sweden and Austria.
Case Analysis: Crimes Against Humanity After Tadić
Authors: Dinstein Yoram
Published: March 2004

Crimes against humanity were first defined, for the purposes of the Nuremberg Trial, in 1945. Since then, numerous international legal texts have incorporated the concept, the latest being the Rome Statute of the ICC, 1998. The different texts offer diverse definitions of crimes against humanity, which are traced in the article. Although the precise outlines of the crimes change from one definition to another, it is clear that the core has crystallized as an integral part of customary international law. In the Tadić case, the ICTY had to address several crucial issues relating to crimes against humanity. The judgments on appeal will serve as precedents for the removal of the linkage between crimes against humanity and armed conflict, the exclusion of isolated attacks against civilians and the irrelevance of the personal motives of the defendant.
The International Criminal Court and Non-International Armed Conflicts
Authors: Spieker Heike
Published: March 2004

Non-international armed conflicts are more numerous, more brutal and entail more blood-shed today than international ones. The Statute of the International Criminal Court explicitly upholds the traditional distinction between international and non-international conflicts, and armed conflicts will have to be characterized accordingly. But the tendency to adapt the international humanitarian law (IHL) regime for non-international conflicts to the rules for international ones emerges. Article 7 on Crimes Against Humanity and Article 8(2)(c) and (e) on War Crimes amount to real progress in this respect. Yet, the regulation on war crimes in particular does not provide for comprehensive criminal responsibility of individual perpetrators in non-international conflicts.
Case Analysis: Eritrea – Yemen Arbitration
Authors: Johnson Constance
Published: March 2004

On 9 October 1998, an Arbitral Tribunal handed down its Award regarding the first stage of an arbitration between Eritrea and Yemen. The Award determined, firstly, the scope of the dispute between the parties and, secondly, the sovereignty of small islands, islets, rocks and low-tide elevations sprinkling in the Red Sea between the respective coast lines of the two states. Whilst closely examining concepts raised by the parties such as historic title, the Tribunal was ultimately swayed by factors of geographical appurtenance, recent demonstrations of governmental authority and functions of state, and, to a lesser extent, the area's legal history. The Award contributes to the body of law on territorial sovereignty and to an understanding of the role of arbitration in the peaceful resolution of disputes.
First Arbitration Award in Mercosur – A Community Law in Evolution?
Authors: Ventura Deisy
Published: March 2004

The present article describes the institutional structure and dispute settlement system within the Common Market of the South. It analyses the first arbitral award given by the first ad hoc tribunal established within the Common Market of the South and discusses the award's implications for the Common Market's law and institutions.
The Surrender of Ntakirutimana Revisited
Authors: Sluiter Göran
Published: March 2004

The surrender of Elizaphan Ntakirutimana, suspected of having committed genocide, to the Rwanda Tribunal has again been the object of litigation in the US. After his surrender had initially been denied, the Court of Appeals for the Fifth Circuit has certified his surrender. This decision raised certain questions. On the one hand, it is fortunate that Ntakirutimana will stand trial before the Rwanda Tribunal. However, the assistance of the US with respect to future surrender of war criminals indicted by the Tribunals for the former Yugoslavia and Rwanda is by no means certain yet. A concurring and dissenting opinion attached to the decision illustrate that US Judges are still not overly convinced of the constitutionality of the US method of implementing the obligations arising out of the creation of these ad hoc Tribunals.
From Rome to The Hague: Recent Developments on Immunity Issues in the ICC Statute
Authors: van Alebeek Rosanne
Published: March 2004

Article 27 ICC Statute has proven to cause compatibility problems with regard to immunity provisions in national constitutions. States have, however, indicated readiness to overcome these problems. On the other hand, Article 98 forms the pivot of the latest attempt of the United States, a non-signatory state, to ensure a de facto immunity from ICC jurisdiction for US nationals. This editorial sets out the contrasting approach of states to the ICC and concludes that the US Proposal for a Rule to 98(2) would have had the effect that the rule encompassed in Article 27 ICC Statute would in practice not apply to nationals of non-state parties.
Negotiating Colombia's Peace Process: Disagreements of International Law
Authors: Esquirol Jorge L.
Published: March 2004

The “internationalization” of the guerrilla war in Colombia signals a different course for resolving the 40-year-old conflict. Upon close scrutiny, it may actually prolong the war. This is the case since both groups, Colombian publicists and US policy-makers, who stand in the position of stewards to an international approach, oppose substantial political negotiation. The bulk of this Article examines the positions of international law taken by Colombian publicists. The author focuses on two issues which have been the subject of much recent debate. The first is the status of Colombia's guerrilla forces. The second issue concerns the rules of conduct of non-international war. The last portion of this Article examines the meaning of US-led internationalization of the Colombian conflict.
Colombia is the last site of major civil strife in our hemisphere.President Bill Clinton, 28 October 1998.Colombia's people […] should know that we understand the many dimensions and long-term nature of the problems they face, and that we will do all we can to help them.Secretary of State Madeleine Albright, 10 August 1999.
The Accountability of International Organisations: A Case Study of the Organisation for the Prohibition of Chemical Weapons
Authors: Patel Bimal N.
Published: March 2004

The law of international organisations needs to address comprehensively, the legal question of the accountability of such Organisations. In the contemporary world, whereas states, multinational corporations, and individuals can be held accountable under applicable systems of law, there is no equivalent set of rules that applies to international organisations. The OPCW, a global disarmament Organisation, is a good model of an accountable Organisation. The Chemical Weapons Convention embodies various sets of rules and provisions, which ensure the accountable functioning of the Organisation. This article examines the concept of the accountability of international organisations as envisioned by the International Law Association, and analyses the concept in the context of the OPCW.
List of Current Proceedings: Update
Authors: Iontcheva Jenia
Published: March 2004

Following the transfer of Dragan Nikolić to the ICTY on 22 April 2000, at his initial appearance, the accused pleaded “not guilty” to all charges raised against him in the amended indictment, dated 21 March 2000.
Constitutional and Institutional Developments
Authors: Rydberg Åsa
Published: March 2004

On 12 May 2000, Judge Claude Jorda, President of the International Criminal Tribunal for the former Yugoslavia (ICTY), on behalf of the Judges of the ICTY, filed with the Secretary-General a ‘Report on the Operation of the International Criminal Tribunal for the former Yugoslavia.’
‘In the Interests of Justice’ and Independent Referral: The ICC Prosecutor's Unprecedented Powers
Authors: Goldstone Richard J. , Fritz Nicole
Published: March 2004

The powers accorded the prosecutor by the Rome Statute have been the subject of much recent debate. Critics contend that the ex officio powers for triggering jurisdiction allow for abuse. This however ignores the rigorous requirements of the Statute for the appointment of the Prosecutor. Moreover the limited danger posed is far outweighed by the need to provide for an independent, credible Prosecutor. The Prosecutor's power to forego investigation and prosecution where this serves the interests of justice has also been widely critiqued for inadequately accommodating amnesties in democratic transitions. It is argued that amnesties which adhere to internationally accepted guidelines are consistent with the interests of justice and that the prosecutor may therefore defer to domestically enacted amnesty processes.
Forbearance is no Acquittance: the Legal Status of the Comprehensive Nuclear Test Ban Treaty
Authors: den Dekker Guido
Published: March 2004

The difficulties surrounding the entry-into-force of the CTBT, which have become more pressing after the refusal of the American Senate to ratify the treaty, have their origin in divergent perceptions of different groups of states about the relationship between the NPT and the CTBT in terms of non-proliferation and nuclear disarmament. Still, preparations for the implementation of the treaty continue unabated. It can be upheld that given the current legal status of the CTBT there already exists a prohibition on the carrying out of nuclear test explosions anywhere for all States Signatories of the CTBT, at least as long as they have not indicated not to become a Party to the treaty.
The Scope and Effect of the Algerian Law Relating to the Reestablishment of Civil Concord
Authors: Jørgensen Nina H.B.
Published: March 2004

On 13 July 1999 Algeria joined the growing list of countries that have adopted some form of ‘amnesty law’ as a means of restoring peace and encouraging reconciliation. After a brief description of the historical context, this article examines the features of the Algerian Civil Concord Law. This law is then used as a backdrop in considering eight ways in which modern amnesty laws may be drafted and adopted to ensure compliance with developing principles of international law.
Technologies of Empire: IMF Conditionality and the Reinscription of the North/South Divide
Authors: Pahuja Sundhya
Published: March 2004

This article seeks to complicate conventional understandings of the way in which IMF conditionality operates in relation to North/South relations. It begins with a genealogy of how the Fund became involved in lending to the South and argues that the Fund was transformed from an essentially monetary institution concerned with the industrialised states to a surveillance organisation directed at providing information about the South to the North. The article then explores what discursive functions the Fund might be performing in the context of the relationship between North and South. In this regard the author identifies two major themes underlying IMF discourse, both of which suggest that an underlying sense of danger of the South is felt by the North, and that this sense of danger replicates older fears. The author then argues that the discursive practices employed to address these fears resonate with older discursive strategies and considers why the reoccurrence of these “technologies of empire” might be problematic. It concludes with some (tentative) suggestions about how we might productively disrupt the colonial continuum of which these discursive practices seem to form part.
There is a disturbing tendency in the Western Academy today to divorce the study of discursive forms from the study of other institutional forms, and the study of literary discourses from the mundane discourses of bureaucracies, armies, private corporations, and nonstate social organizations. […] [I]f the postcolony is in part a discursive formation, it is also true that discursivity has become too exclusively the sign and space of the colony and the postcolony in contemporary cultural studies. To widen the sense of what counts as discourse demands a corresponding widening of the sphere of the postcolony, to extend it beyond the geographical spaces of the former colonial world.
Implementing Universal Jurisdiction Over Grave Breaches of the Geneva Conventions
Authors: van Elst Richard
Published: March 2004

As the most serious war crimes (grave breaches) should not be left unpunished, the 1949 Geneva Conventions contain an unusually worded obligation to either prosecute such a suspected war criminal or to hand him over to another country to be tried there (aut judicare aut dedere in stead of aut dedere aut judicare). Fifty years on, less than one in six of the parties to the Conventions have established universal jurisdiction over grave breaches which is necessary to prosecute a suspect if he was to be found in their country. An assessment and classification of the Conventions, national laws, prosecutions and practical obstacles.
But if, what God forbid, these Conventions should ever have to be applied, they must be obeyed.M.W. Mouton, Diplomatic Conference, Geneva 16 July 1949
List of Current Proceedings: Update
Authors: van Alebeek Rosanne , Weitzel Ursula E.A.
Published: March 2004

Libya filed two separate applications on 3 March 1992. In the applications, Libya contended that it had not been possible to settle this dispute by negotiations and that the parties unable to agree on the organization of an arbitration to hear the matter. It accordingly submitted the disputes to the Court on the basis of Article 14, paragraph 1, of the Montreal Convention. Libya refers in the applications to the charging of two Libyan nationals, by the Lord Advocate of Scotland, and by a Grand Jury of the United States, respectively, with having caused a bomb to be placed aboard a Pan-am flight, which bomb subsequently exploded, causing the aeroplane to crash. Libya contends that the United Kingdom and the United States, respectively, by rejecting the Libyan efforts to resolve the matter within the framework of international law, including the Montreal Convention, are pressuring it into surrendering the two Libyan nationals for trial. In this connection, Libya refers to Article 1 of the Montreal Convention, according to which the charge constitutes an offence, and to the several other articles of that Convention which are relevant to Libya's alleged right to jurisdiction over the matter and the prosecution thereof. Libya alleges that these obligations are breached by the United Kingdom and the United States respectively.