bluuebunny/crossref_metadata_2025 huggingface dataset:
Discovery, Symbolic Annexation and Virtual Effectiveness in International Law
Authors: Heydte Friedrich August Freiherr Von Der
Published: April 2006

There are some problems of international law which at times are felt to be in the air. Today without doubt one of these questions is that of original acquisition of territorial sovereignty. Arbitration cases such as those concerning the Island of Palmas and Greenland started a heated discussion of the principles involved in the field of scientific research.
Belligerent Aircraft, Neutral Trade, and Unpreparedness
Authors: Warren Charles
Published: April 2006

While a duty of preparedness for war is constantly urged upon American statesmen and upon military and naval officers, the fact is too often overlooked that there is also a duty of preparedness resting upon American statesmen, jurists, and legal authors to keep abreast of the times, or even in advance of the times, in connection with rights and duties affected by war. A prominent international lawyer has written that “as the flag of a nation follows the territorial explorations of its subjects, jurisprudence follows the path of science.” This broad statement must be qualified by the admission that jurisprudence only follows at a very long distance. Too rarely do statesmen and lawyers try to visualize changing industrial, economic, social, and governmental conditions, and to promote, in advance, needful corresponding changes in the law. Especially in connection with international law and international agreements is the gift of imagination lacking, the possession of which is necessary in order to attain preparedness in any field.
Neutrality Laws of the United States
Authors: Dumbauld Edward
Published: April 2006

The so-called “neutrality laws” of the United States are statutory provisions, a part of the penal law of the United States, and should be clearly distinguished from the obligations imposed upon the United States by interyt national law. They may be regarded as an instance of the enforcement of international law by municipal law in the United States, and originated in the endeavors of the administration of President Washington to discharge the duties owed by the American Government as a neutral nation during the war between England and France in 1793. They punish criminally the commission of acts forbidden by the law of nations. As was well said by the Joint State and Navy Neutrality Board in 1916, “The doer of the wrongful act is accountable only to the United States, while the United States is itself accountable to a foreign government for the commission of the act. In this respect the neutrality laws differ from ordinary penal statutes, because the prohibited acts affect the international relations of the United States in addition to any effect they may have upon domestic tranquillity and order.”
The Test of Aggression in the Italo-Ethiopian War
Authors: Wright Quincy
Published: April 2006

The Italo-Ethiopian dispute has, at the time of writing, been dealt with by six distinct procedures in addition to direct diplomatic communication between the parties

(1) Mediation by the League of Nations Council under Article 11, paragraph 2, of the Covenant pursuant to the application of Ethiopia on January 15,1935. Under this procedure the Council received numerous communications from Italy and Ethiopia, considered the question during its meetings on January 17, April 15, May 25, July 31-August 3 and September 4-5, and passed several resolutions with the object of facilitating arbitration of the Wal Wal incident.
The End of a Period of Transition
Authors: Wright Quincy
Published: April 2006

The Treaty of Versailles came into force on January 10,1920. Many of the matters with which it dealt were not definitely settled but placed within transitional régimes to be liquidated by decisions of the Principal Allied and Associated Powers, by commissions, by plebiscites or by other procedures or events within periods of time stated with more or less definiteness. The maximum time specified for any of these transitional régimes was 15 years. That period applied to the Rhineland occupation and to the régimes of the Saar valley and Upper Silesia. In the first two of these instances the 15 years dated from the coming into force of the Treaty of Versailles. In fact the Rhineland occupation was voluntarily terminated long before 1935. The Saar plebiscite was held during 1935, resulting in the transfer of the territory to Germany.
Future International Laws of War
Authors: Rodgers W. L.
Published: April 2006

Undoubtedly the generally recognized rules governing the exertion of military force at any given period are the outcome of social and economic conditions as well as of the development of new modes of attack upon life and property. Yet many believe that new forms of the exertion of military strength may be restrained by international agreement made in time of peace and in the name of humanity. Although such agreements have been made in the past, such as the Hague agreements of 1899 and 1907, not all have been viable. It is doubtful if effective ways of striking down the enemy will be limited by the bare plea of “humanity”. Restraint on the exercise of belligerent force for the sole reason that the sufferings of war are great and cruel is instinctive but not logical, for war is death and injury of persons and destruction of property by which the enemy is forced to submit. As to this matter Oppenheim says in his International Law:

… First is the principle that a belligerent should be justified in applying any amount and any kind of force which is necessary for the realization of the purpose of the war—namely, the overpowering of the opponent. Secondly, the principle of humanity is at work, which says that all such kinds and degrees of violence as are not necessary for the overpowering of the enemy should not be permitted to the belligerent.
Some Aspects of the Jurisdiction of the Permanent Court of International Justice
Authors: Jacoby Sidney B.
Published: April 2006

The problem of jurisdiction is of even greater importance in international law than it is in the domain of municipal law. This may easily be understood because, up to the present, no international tribunal has been furnished with obligatory jurisdiction binding upon all States. In consequence, the judicial settlement of many international disputes depends upon the preliminary question whether any tribunal has jurisdiction over the case. Although since the foundation of the Permanent Court of International Justice at The Hague a tribunal invested with a very comprehensive jurisdiction exists, it is, nevertheless, significant that in many cases before the Permanent Court a plea to the jurisdiction has been raised with the obvious intention of preventing a legal decision on the merits.
Transfer of Property in Enemy Occupied Territory
Authors: Robinson Jacob
Published: April 2006

International law was no more prepared for the dynamics of the present war than was the Maginot school of military strategy. International lawyers had given little serious thought to the legal problems which total war would bring. Consequently, while international arrangements were concluded on special questions (e.g. on aerial warfare), the main body of the 1907 Hague Convention, including the section dealing with military occupation,remained unchanged. Military occupation was still conceived of as a temporary phenomenon with limited objectives. But totalitarian warfare as waged by the Axis powers has had unlimited objectives, aimed at nothing less than the complete political and economic subjugation of the occupied territory. In practice the enemy has recognized no restraints of either law or custom save the threat of immediate retaliation. Far from “respecting, unless absolutely prevented, the laws in force in the country,” as the Hague regulations require, the Axis has systematically destroyed the political and legal order in the occupied territories. It has substituted quislings in the place of duly constituted local authorities, and has employed them for economic as well as political ends.
The Option Clause in the Reich’s Treaties on the Transfer of Population
Authors: Schechtmann Joseph B.
Published: April 2006

September 28, 1939, marked the conclusion of the Soviet-German agreement on the delimitation, in line with “mutual state interests,” of the conquered Polish territories.
Jurisdiction Over Members of Allied Forces in Egypt
Authors: Brinton Jasper Y.
Published: April 2006

By her Treaty of Perpetual Alliance with Great Britain, signed in 1936, Egypt undertook to give to her Ally, in time of war and within the borders of her own territory, every facility and aid in her power. These obligations she has respected in letter and in spirit. As a result she finds herself today, while still a neutral, acting as host to large armies drawn from all the quarters of the globe. These troops are within her borders on her express or tacit invitation. To them—as allies and as allies of her ally—is extended the traditional hospitality of the land. At the same time their presence raises numerous problems. One of these is that of criminal jurisdiction. Egypt has only recently emerged victorious from a long struggle to free herself from restraints on her national sovereignty in judicial as well as in other fields.
Fifty Years of Arbitration in the Union of International Transport by Rail
Authors: Hudson Manley O. , Sohn Louis B.
Published: April 2006

Too little attention has been given to the remarkable development of international arbitration in the Union of International Transport by Rail. Within the limited field of this Union arbitration has been organized on a solid and continuing basis, and a permanent tribunal for the settlement of disputes has been maintained for half a century.
Intervention by Way of Propaganda
Authors: Fenwick C. G.
Published: April 2006

The term “ intervention” has had many applications during the course of its long history. Every treatise on international law written before the World War contained an extensive discussion, whether to approve or to condemn, of the various forms of intervention. Even after the general adoption of the guarantee contained in Article 10 of the Covenant of the League of Nations one of our distinguished American scholars felt justified in constructing a treatise on international law with intervention as the keystone of the arch. Condemnation of the alleged right of intervention came to be the dominant note in the foreign policy of a number of the Latin American governments during the nineteen twenties, when the measures taken by the United States to protect American interests in the Caribbean appeared to them to threaten the sovereignty and independence of their countries. It is one of the curious reversals of history that no sooner had Article 8 of the Montevideo Convention laid the specter of intervention, primarily with the record of the United States in view, than intervention of a new kind made its appearance in Latin America. This time the United States, as a member of the inter-American community, was called upon to cooperate in its condemnation.
The Nineteenth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

Events occurring during its nineteenth year created grave problems for the Permanent Court of International Justice, and the Court survived the year with uncertain prospects for the future.

The Court held a series of meetings at The Hague from February 19 to February 26, and an order in the case of the Electricity Company of Sofia and Bulgaria between Belgium and Bulgaria was handed down on February 26, 1940.
The Suez Canal as an International Waterway
Authors: Hoskins Halford L.
Published: April 2006

The Suez Canal, opened for general use on November 17, 1869, more than justified the gloomy predictions of its opponents that it would become “un second Bosphore.” Abbreviating by hundreds or thousands of miles the transit distance between important parts of the globe, it wrought a kind of revolution in maritime activities and particularly in strategical concepts of peace and war. Its consummation brought to an end more than a score of years of controversy marked by the efforts of the British Government to quash a project certain to destroy the monopoly of sea access to East Africa and the Middle and Far East via the Cape of Good Hope. Until 1869 the protection of British interests in the East had required only the maintenance of naval supremacy among the European States and a close surveillance of the Eastern Mediterranean with Malta and Constantinople as points of vantage. The cutting through of the Isthmus of Suez instantly destroyed previous schemes of British strategy by giving an almost infinite extension to the shores of the Mediterranean. With a similar projection of the problems of the Mediterranean, fundamental changes in planning and procedure, both by Great Britain and by other European States having maritime interests, were unavoidable.
International Law and Colombian Constitutionalism: A Note on Monism
Authors: Gibson William Marion
Published: April 2006

In explaining the nature of international law, each of the two major schools of thought draws upon legal philosophy and practice for evidence in support of its interpretation. It is not the purpose of this note to offer any conclusions or proofs as to the validity of the reasoning of one or the other of the two schools. It would require more than the subject-matter here considered to prove the “Monist” position, or to detract from that of the “Dualist.” However, inasmuch as state practice is one of the guides to the resolution of the debate on the nature of international law, it is hoped that an explanation of the attitude of the Colombian Supreme Court concerning the relationship of pacta to the national constitution and legislation of that state may merit mention.
The Eighteenth Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

Though the eighteenth year of the Permanent Court of International Justice has been the most critical year in its history, the Court has carried on its work in a regular way and some notable additions to its jurisprudence have been made during the year.

In the early months of the year, the Court held two series of meetings, from January 19 to April 4, and from May 15 to June 15; later in the year a series of meetings was held from November 28 to December 5. The Court was in actual session during the year for a total of 116 days; this was considerably less than the average of 144 days for each of the previous seventeen years, though it exceeded the number of 69 days of actual session during the year 1938.
Denazification Law and Procedure
Authors: Plischke Elmer
Published: April 2006

Denazification has uniformly been accepted as one of the primary responsibilities of American Military Government in Germany under both United States and quadripartite general occupation policy statements. The United States has assumed preponderant responsibility for leadership in promoting and developing the Denazification program in Germany, first through the establishment of a comprehensive program in the American Zone and later by inducing the other Occupying Powers to accept much if not most of this program in quadripartite regulations approved by the Control Council at Berlin.
Further Developments Concerning Jurisdiction over Friendly Foreign Armed Forces
Authors: Archibald King
Published: April 2006

In the October, 1942, number of this JOURNAL, there was published an article by the present writer dealing with the jurisdiction of the courts of one nation over the personnel of the armed forces of another friendly nation on the soil of the former. During the three years which have elapsed since that time there have issued several international agreements, statutes, executive orders, and judicial decisions in various countries dealing with this subject, a summary of which will bring the previous article down to date.
Sitting in Judgment on the Acts of Another Government
Authors: King Archibald
Published: April 2006

In the October, 1947, number of this Journal there was printed the judgment, or as we should say in the United States, the opinion, of the Court of Appeal of England in Szalatnay-Stacho v. Fink. In the following number, that for January, 1948, there appeared an editorial comment on that case by Mr. Arthur K. Kuhn. The present writer begs leave to present certain additional reasons and precedents bearing upon the problem arising in the Fink case, namely, whether and to what degree an official of, or person working under, a government in exile, or an officer or employee of any foreign government, exercising his functions in another country with its consent, is liable to prosecution or suit in the courts of that country on account of his official acts. Though the governments in exile have returned home or ceased to operate, in the event of another war the phenomenon may recur. In any event, the increasing volume and complexity of international relations and the constantly closer ties between friendly nations make probable an increase in the number of officials of one country functioning permanently or temporarily in another with the latter's permission. Among these may be economic, financial, scientific, and military representatives, and all sorts of officers conferring or working with their “opposite numbers” in the host country. A detailed examination of the subject therefore seems timely.
The Alexandretta Dispute
Authors: Khadduri Majid
Published: April 2006

The Franco-Turkish dispute over the Sanjak of Alexandretta presents another notable case of the consequences of the acceptance of an imperfect settlement at Lausanne between the Allies and Turkey following the first World War. The most important dispute that arose from the Lausanne settlement related to the Vilayat of Mosul, a district comprising the whole northern section of Iraq and valuable for its oil and strategic position, in which Turkey challenged Great Britain's interests and prestige in Iraq.That dispute was successfully settled by the Council of the League of Nations in 1925 in favour of Iraq. Ten years later another dispute arose from the imperfect settlement of Lausanne which concerned this time Turkey's frontiers with Syria. By then the international situation had deteriorated and the League's prestige was undermined. France, the Mandatory Power for Syria, was in need of Turkey's friendship and consequently her bargaining position was weaker. The dispute was eventually won by Turkey.
Current Views of the Soviet Union on the International Organization of Security, Economic Coöperation and International Law: A Summary
Authors: Prince Charles
Published: April 2006

The U.S.S.R. is destined to play a decisive role in establishing an effective international organization of security. Therefore a summary of current trends of thought and attitudes in the Soviet Union is here presented, reflecting its foreign policy and its views on the Dumbarton Oaks Proposals, the Bretton Woods Articles of Agreement, the legal status of the Polish Govemment-In-Exile, the treatment of Germany, the Chicago Civil Aviation Conference, the legal status of the Atlantic Charter and the situation in the Far East.
The Case of Hyderabad Before the Security Council
Authors: Eagleton Clyde
Published: April 2006

On the agenda of the Security Council, and regularly listed by the Secretary General among the “matters of which the Security Council is seized” is the item “Question of Hyderabad.” No action has yet been taken by the Security Council on this item, further than keeping it on the agenda; the case has been presented but not discussed. Various interesting questions of international law and of the constitutional law of the United Nations are raised by this situation, which is thus far the worst failure of the United Nations. Equally as interesting political factors are involved, which have in fact had more weight than the legal factors. Only the latter will be considered in this discussion.
The United States Accepts Compulsory Jurisdiction
Authors: Wilcox Francis O.
Published: April 2006

On August 2, 1946, the United States Senate approved the Morse resolution by the overwhelming vote of 62-2, thereby giving its advice and consent to the acceptance on the part of the United States of the compulsory jurisdiction of the International Court of Justice. It was the same Senate which, just one year and one week earlier, had cast a vote of 89-2 in favor of the United Nations Charter. On August 26 Herschel Johnson, acting United States representative on the Security Council, deposited President Truman’s declaration of adherence with the Secretary-General of the United Nations. At long last the United States assumed far-reaching obligations to submit its legal disputes to an international court.
The Nuremberg Trial and International Law
Authors: Finch George A.
Published: April 2006

Retribution for the shocking crimes and atrocities committed by the enemy during World War II was made imperative by the overwhelming demands emanating from the public conscience throughout the civilized world. Statesmen and jurists realized that another failure to vindicate the law such as followed World War I would prove their incapacity to make progress in strengthening the international law of the future.1
The Jurisdiction of the Security Council over Disputes
Authors: Eagleton Clyde
Published: April 2006

Chapter VI of the Charter of the United Nations has generally been regarded as one of its most poorly drafted parts; and the experience of the Security Council in dealing with cases recently coming before it has both evidenced the uncertainties of the text and added to the confusion as to its meaning. The difficulties of the Council were increased by the tendency of members to disregard the text of the Charter and by the lack of Rules of Procedure. As a result important issues have been raised, especially in the Soviet-Iran case, and more particularly as to the decision that a dispute exists concerning which the Council may make recommendations.
The Problem of the Compulsory Jurisdiction of the World Court
Authors: Lawson Ruth C.
Published: April 2006

It can be argued that with regard to the paramount problem of the twentieth century, the establishment of effective international institutions for the achievement of peace and justice, the development of perhaps the most far-reaching significance has occurred in the judicial field.
Immunity From Taxation of Foreign State-Owned Property
Authors: Bishop Wm. W.
Published: April 2006

Recent press and Congressional discussion regarding the question of French taxation of property in France owned by the United States Government and used for mutual defense purposes suggests the desirability of considering whether international law forbids a state to impose taxes on public property owned by another state.
Recognition by the United Nations of the Representation of a Member State: Criteria and Procedure
Authors: Liang Yuen-Li
Published: April 2006

The question of recognition by an international organization of the representation of a Member State, a question recently considered by the General Assembly of the United Nations as a result of a proposal by Cuba, had previously engaged the attention of several international bodies. For instance, after the Italian conquest of Ethiopia, the Credentials Committeeof the Assembly of the League of Nations was confronted with the issue of the seating of Ethiopian representatives in the Assembly.
Sovereignty and International Co-operation
Authors: Loewenstein Kael
Published: April 2006

At first sight, the terms “sovereignty” and “international co-operation” as bracketed together in the title, may seem to imply the contrast, if not conflict, between an individual state's sovereign self-determination and the co-operation, for mutual benefits derived therefrom, between several sovereign states.
Reactivation of Prewar German Treaties
Authors: Plischke Elmer
Published: April 2006

When hostilities with Germany were brought to an end by means of unconditional surrender in 1945 and the Nazi Government disintegrated, authority to determine Germany’s existing and future treaty relations was assumed by the military occupants.
Relation of International Law to Internal Law in Austria
Authors: Seidl-Hohenveldern Ignaz
Published: April 2006

The rules concerning the relation of international law to internal law in Austria have undergone less change than those of many other European countries since the end of World War I. The relevant provisions of the Austrian Federal Constitution of October 1, 1920, were not affected by the subsequent constitutional reforms. These rules had been the subject of much theoretical discussion before a sizable body of constitutional usage and relevant jurisprudence had developed. The present article aims at examining and supplementing these theories in the light of current practice.
The Suez Canal Base Agreement of 1954
Authors: Selak Charles B.
Published: April 2006

The agreement between the United Kingdom and Egypt signed at Cairo on October 19, 1954, replaces the Anglo-Egyptian Treaty of August 26, 1936, which is thereby terminated. The earlier treaty provided for the establishment of a complex of military installations and supporting facilities along the Suez Canal, and its garrisoning by British troops. The 1954 agreement provides for the gradual evacuation of this garrison from the Suez Canal base, as these installations generally are known, by June 18, 1956. During the twenty-month evacuation period (October 19, 1954–June 18, 1956) the Egyptian military forces will assume gradual control of the base, and custody of designated base installations.
The Thirty-Fourth Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

On April 6, 1955, during its thirty-fourth year, the International Court of Justice decided one case brought on December 17, 1951, by Liechtenstein against Guatemala—the Nottebohm Case—in favor of Guatemala. It also gave an Advisory Opinion to the General Assembly of the United Nations on June 7, 1955, on the Voting Procedure on Questions relating to Reports and Petitions concerning the Territory of South-West Africa.
The Twenty-Ninth Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

The twenty-ninth year of the Court at The Hague was marked by sustained and fruitful activity. Two judgments were handed down in the Colombian-Peruvian Case Relating to Asylum, and four advisory opinions were given at the request of the General Assembly of the United Nations. Proceedings in the Franco-Egyptian Case on Protection of French Nationals in Egypt were discontinued. At the close of the year four cases were on the Court’s list: the Anglo-Norwegian Fisheries Case, the Rights of American Nationals in Morocco Case, a second Colombian-Peruvian Asylum Case, and a request for an advisory opinion concerning Reservations to the Genocide Convention. The progress registered during the year in the extension of the Court’s jurisdiction was disappointingly slight.
Codification of International Arbitral Procedure
Authors: Carlston Kenneth S.
Published: April 2006

Some years ago the author took occasion to review the role of international arbitration in the postwar world, concluding with the suggestion that the work of refining its technique and usefulness should continue to be pressed.Specific tasks to which such work might be directed were earlier suggested in the author's study, The Process of International Arbitration, including the task of preparation of “draft arbitration conventions and procedural rules which, with such further refinements in each individual arbitration as may be required, could serve as a basis for future arbitration proceedings.” It was further pointed out that: “The voluminous body of decisions of international tribunals must be brought together in an ordered system which will enable them to be later readily found by tribunals and advocates.”
The Law of War and Military Necessity
Authors: Downey William Gerald
Published: April 2006

To many international lawyers and army officers the terms “law of war” and “military necessity” are mutually incompatible. Many army officers consider the law of war as no more than a collection of pious platitudes, valueless, so they think, because it has no force and effect. Some international lawyers regard military necessity as the bête noire of international jurisprudence, destroying all legal restriction and allowinguncontrolled brute force to rage rampant over the battlefield or wherever the military have control.
State Responsibility in the Light of the New Trends of International Law
Authors: García-Amador F. V.
Published: April 2006

During its eighth regular session, the General Assembly of the United Nations considered “that it is desirable for the maintenance and development of peaceful relations between States that the principles of international law governing State responsibility be codified.” To this end, the Assembly requested the International Law Commission to undertake the codification of these principles. The Tenth Inter-American Conference, held in Caracas March 1–28, 1954, adopted a similar resolution.
Treaty Stipulations in Favor of Third States
Authors: Jiménez de Aréchaga Eduardo
Published: April 2006

Many recent and important treaties contain provisions in favor of third states. The United Nations Charter, for instance, confers upon non-member states the right to participate in the discussion of disputes in which they are involved (Article 32); the right to bring such disputes to the attention of the Security Council or the General Assembly (Article 35); and the right to consult the Security Council with regard to the solution of special economic problems arising from the application of preventive or enforcement measures (Article 50). Also Articles 2 (7) and 81 have been interpreted and applied as conferring rights upon states not Members of the Organization.
The International Responsibility of the United States for Vested German Assets
Authors: DeVries Henry P.
Published: April 2006

The organized pressures for return of vested enemy assets are accumulating. Acting in rhythm with “that cyclical movement of policy toward an enemy which history has made familiar, German interests directing their primary efforts toward the United States have received a sympathetic hearing from the Administration, and the Senate Committee on the Judiciary has approved proposed legislation which, if adopted, would reopen and nullify commitments to our Allies following World War II.
The Exercise of Criminal Jurisdiction Under the Nato Status of Forces Agreement
Authors: Rouse Joseph H. , Baldwin Gordon B.
Published: April 2006

Concomitant with the stationing of United States armed forces in friendly foreign countries is an increasing concern over, and appreciation of, the legal issues arising from their presence. The most controversial question concerns exercise by the host state of criminal jurisdiction over personnel of the visiting United States force. The House Foreign Affairs Committee after extensive hearings refused to accede to critics’ demands that this exercise of criminal jurisdiction by foreign countries be officially denounced, and by a vote of 19–10 tabled the condemnatory resolutions.1 Congressional concern remains strong, however, and the issue is not dormant.
Contemporary Practice of the United States Relating to International Law
Authors: Myers Denys P.
Published: April 2006

The press release issued by the Department of State in announcing the filing of an application with the International Court of Justice on July 7, 1959, in a damage suit for the destruction of an aircraft by a fighter aircraft of the Soviet Union stated:

The present proceedings have been instituted in accordance with the well-established United States policy of resolving such disputes, whether of fact or law, in the International Court of Justice. The Court is the judicial organ of the United Nations for this purpose and is the appropriate international body before which such cases can be heard and decided.
New Light on the Belize Dispute
Authors: Clegern Wayne M.
Published: April 2006

British Honduras, or Belize, has a diplomatic history at once notable and obscure. Bordered by the Mexican State of Quintana Roo, the Republic of Guatemala and the Caribbean Sea, this British Colony has an area of 8,598 square miles and is thus a little larger than Wales or Massachusetts.
Conference on the Law of the Sea: Convention on the Continental Shelf
Authors: Whiteman Marjorie M.
Published: April 2006

The United Nations Conference on the Law of the Sea met at Geneva, Switzerland, from February 24 to April 27, 1958, with representatives of 86 countries present. The Conference, it will be recalled, was convoked by the Secretary General of the United Nations pursuant to Resolution 1105 (XI) adopted by the General Assembly on February 21, 1957.
A Consideration of the Legal Status of the Gulf of Aqaba
Authors: Selak Charles B.
Published: April 2006

The status under international law of the Gulf of Aqaba has come to be a matter of concern not only to the several littoral states, but also to the international community. The basic issue, that of freedom of navigation in this arm of the Red Sea, has been brought into focus as a result of restrictive efforts of several of the coastal states with respect to Israeli shipping, for Arab-Israeli hostility has given political, strategic, commercial and even religious significance to a water area which, until recently, had attracted little attention.
Participation of Individuals in Advisory Proceedings Before the International Court of Justice: Question of Equality Between the Parties
Authors: Gross Leo
Published: April 2006

In its Advisory Opinion of October 23, 1956, in the matter of Judgments of the Administrative Tribunal of the International Labour Organization upon Complaints made against the United Nations Educational, Scientific and Cultural Organization.
The United Nations Arbitration Convention and United States Policy
Authors: Sultan Allen
Published: April 2006

The United Nations Conference on International Commercial Arbitration convened from the 20th of May until the 10th of June, 1958, at the Organization’s Headquarters in New York. Early in the general debate, the United States Eepresentative, Mr. Beale, stated that his Government was

aware that it was necessary to improve both the law and the practice of arbitration if it was desired that that institution should play its part properly in the settlement of disputes arising out of international trade.
Some Thoughts on the Journal
Authors: Bishop Wm. W.
Published: April 2006

Election as Editor-in-Chief of the Journal and the assumption of the responsibilities of that post cause reflections on the distinguished history of this publication and upon our present objectives.
The United States Antidumping Act
Authors: Hendrick James Pomeroy
Published: April 2006

Enacted in 1921, the United States law on dumping in international trade was regarded at the time as a “model of draftsmanship.” Present-day technicians are content with its provisions, though they do not echo this encomium. But the reader who approaches the nine closely written pages of the law’s text for the first time is likely to find the experience rather terrifying. These nine pages can be roughly summarized as follows. The Act comes into operation when a foreign producer sells to United States importers at a price less than that which he charges purchasers in his own country, with resultant injury to United States industry. When this is the case, a dumping duty is assessed on the imports, measured by the price differential which has been found.
The Office of the Legal Adviser: The State Department Lawyer and Foreign Affairs
Authors: Bilder Richard B.
Published: April 2006

As “house counsel” to the Department of State, the Office of the Legal Adviser exerts a major influence on the views and policies of the United States Government concerning matters of international law.
Soviet Attitude Toward International Space Law
Authors: Crane Robert D.
Published: April 2006

The injection of nuclear armaments and modern delivery systems into Communist world strategy, together with shifts in the balance of world political and economic power, have caused basic revisions in Soviet theories of war, politics, and international law.
The Proper Law of Loans Concluded by International Persons: A Restatement and a Forecast
Authors: Delaume Georges R.
Published: April 2006

“ . . . It would be strange if now, in face of the formidable development of international debts, there were nothing for the lawyer to say.” Sir John Fischer Williams, Chapters on Current International Law and the League of Nations, p. 257 (1929).
Some Aspects of the Vienna Conference on Diplomatic Intercourse and Immunities
Authors: Kerley Ernest L.
Published: April 2006

The United Nations Conference on Diplomatic Intercourse and Immunities met at the Neue Hofburg in Vienna from March 2 to April 14, 1961, pursuant to General Assembly Resolution 1450 (XIV) which stated the Assembly’s decision to convene an international conference of plenipotentiaries to consider the question of diplomatic intercourse and immunities.
Offshore Claims and Problems in the North Sea
Authors: Young Richard
Published: April 2006

The possible presence of very large petroleum and natural gas reserves in the area beneath the North Sea is currently the subject of intense investigation. If confirmed, as seems likely in at least some localities, this occurrence will raise legal problems of considerable interest and complexity. For the North Sea is not merely an oilfield covered by water: for centuries it has been one of the world's major fishery regions and the avenue to and from the world's busiest seaports. Thus all three of the present principal uses of the sea—fishing, navigation, and the exploitation of submarine resources—promise to meet for the first time on a large scale in an area where all are of major importance. The process of reconciling the various interests at stake will provide the first thoroughgoing test of the adequacy and acceptability of the general principles laid down in the 1958 Geneva Convention on the Continental Shelf and should add greatly to the practice and precedents available in this developing branch of the law. In the present article an attempt is made to review some of the geographical and economic considerations involved in the North Sea situation, to note some of the technical and legal developments that have already taken place, and to consider these elements in the light of the various interests and legal principles concerned.
The Validity of Treaties in the Municipal Law of the “Socialist” States
Authors: Ginsburgs George
Published: April 2006

The great majority of legal experts in the U.S.S.R. and associate countries, the constitutional order of which is closely patterned on the Soviet model, would fully subscribe to the principle enunciated by one of their Russian colleagues to the effect that:

International treaties directly impose obligations upon States which conclude them or which adhere to them. But … every international treaty which is generally published by a State becomes a law binding upon its citizens.
The Normalization of Relations between Japan and the Republic of Korea
Authors: Oda Shigeru
Published: April 2006

After two decades of hate and antagonism following the war, Japan and the Republic of Korea (hereinafter referred to as the ROK) took a step towards amicable relations, with the signing of the normalization treaty and related documents on June 22, 1965, in Tokyo. The suspicion existed among Koreans, however, that normal relations would again bring the ROK under Japan’s economic and political domination. On the other hand, the opposition party in Japan found it unfeasible at that point for Japan to select from the divided nation of Korea the ROK as its friend. Overcoming opposition within both their parliaments, the Governments of Japan and the ROK each succeeded in securing the majority necessary to ratify these documents. The instruments of ratification were exchanged in Seoul on December 18, 1965.
Voting in the Security Council: Abstention in the Post-1965 Amendment Phase and its Impact on Article 25 of the Charter
Authors: Gross Leo
Published: April 2006

The amendments to the Charter adopted by General Assembly Besolution 1991 (XVIII) A of December 17, 1963, relating to the Security Council entered into force on August 31, 1966. As a result, the number of the non-permanent members was raised from six to ten, bringing the total of members of the Council to fifteen and the word “seven” in paragraphs 2 and 3 of Article 27 was replaced by the word “nine.” The rest of paragraph 3 of Article 27 was left unchanged and the affirmative and concurring votes of the permanent members continue to be required for decisions of the Council “on all other matters,” that is, on all matters other than procedural ones. It is clear from the debates preceding the adoption of the amendments that there was no intention to tamper with this requirement which confers on each of the permanent members the power to cast a “veto,” that is, a negative vote. No attempt has been made to clarify the effect of the absence of a permanent member from the Council upon the adoption of decisions relating to non-procedural matters or the effect of the abstention by a permanent member in the vote on such a decision. Presumably, by tacit accord, it was deemed wiser to leave the proverbial Pandora’s box locked.
The Next Stage in the Development of International Monetary Law: The Deliberate Control of Liquidity
Authors: Gold Joseph
Published: April 2006

In his speech to the Annual Meeting of the Board of Governors of the International Monetary Fund at Rio de Janeiro on September 25, 1967, Mr. Pierre-Paul Schweitzer, the Managing Director of the Fund, said:

I now come, Mr. Chairman, to what in my view constitutes the most significant development in international financial cooperation, since Bretton Woods. I refer to the proposed arrangements for international liquidity.
Legal Aspects of the Viet-Nam Situation
Authors: Wright Quincy
Published: April 2006

The Viet-Nam hostilities arose and have escalated because of the radically different perceptions of the situation by the principal parties. A settlement might be possible if each side understood the image perceived by the other. An analysis of the interpretation of the situation which would result from an impartial application of international law, presumably reflecting the consensus of world opinion, might also be helpful.
The Sovereignty of Liechtenstein
Authors: Kohn Walter S. G.
Published: April 2006

There seems to be a tendency to disregard the sovereignty of the little Principality of Liechtenstein. In a chart published by one of America’s leading news magazines on the United Nations, there is this strange reference: “Andorra, Liechtenstein, Monaco and San Marino are not eligible (for membership in the United Nations) being principalities rather than sovereign (sic) states.” A book on the government of Switzerland devotes the last three paragraphs to Liechtenstein and then concludes that it looked as though Liechtenstein had “actually become a Swiss canton in all respects except, perhaps, for the right of the principality to issue its own postage stamps.”
Amendments to Articles 23, 27 and 61 of the Charter of the United Nations
Authors: Schwelb Egon
Published: April 2006

The student of the constitutional development of the United Nations has certainly had no reason so far to complain of a scarcity of serious problems and dangerous crises claiming his attention: from Mr. Khrushchev’s proposal of 1960 to abolish the office of the Secretary General and to replace it by an executive organ consisting of three persons representing the Western Powers, the socialist states and the neutralist countries, to the long drawn-out and, at the time of this writing, still unresolved conflict concerning “certain expenses of the United Nations,” the application of Article 19 of the Charter and “the whole question of peace-keeping operations in all their aspects.” It therefore comes as a pleasant change if, for once, he can address himself to a development of the constitutional law of the Organization which is clearly of a non-revolutionary character and is being brought about by applying the very procedure which is laid down in the Charter for changes of this kind: the increase, by the procedure regulated in Article 108 of the Charter, of the number of nonpermanent Members of the Security Council from six to ten and the increase of the membership of the Economic and Social Council from eighteen to twenty-seven. This was done by amendments to Articles 23, 27 and 61 of the Charter, which were adopted by the General Assembly on December 17, 1963, and which, by August 31, 1965, were ratified by 93 Members, i.e., a number exceeding two-thirds of the Members of the United Nations, including all the permanent Members of the Security Council. The amendments entered into force on August 31, 1965. While the changes thus made in the Charter have not brought about fundamental modifications in the structure of the Organization, they are of considerable political importance. Moreover, they are the first amendments in the text of the San Francisco Charter and, in the words of Secretary of State Rusk, “this is enough by itself to endow the event with considerable significance.”
Changing International Law Method and Objectives in the Era of the Soviet-Western Détente
Authors: McWhinney Edward
Published: April 2006

There has, it seems clear, been a change, in quality and in degree, in the general condition of relations between the two main competing social and economic systems, Soviet and Western, since the October, 1962, crisis, which brought us all so close to the edge of nuclear war. The crisis itself, whatever the original motives which induced Premier Khrushchev to venture his offensive, ground-to-ground, nuclear weapons into Cuba, was terminated happily, with an unusual display of reasonableness and self-restraint, and mutual give-and-take, as between the two competing systems. It may be correct to conclude, as Walter Lippmann (echoing President de Gaulle) does, that the peaceful resolution of the October, 1962, crisis marked the “end of the Postwar period.” On this view, the Moscow Partial Test Ban Treaty of August, 1963, simply ratified and concretized in certain particulars a fundamental accommodation or détente that had already occurred de facto between the two systems; while the more recent achievement of the so-called “Hot Line” system for direct, emergency communication between the Kremlin and the White House and the additional accord on preventing the orbiting of nuclear weapons in space vehicles, for their part, served to confirm and extend the détente in some further practical details.
The Depositary of International Treaties
Authors: Rosenne Shabtai
Published: April 2006

The Draft Articles on the Law of Treaties completed in 1966 by the International Law Commission and submitted to the General Assembly of the United Nations, on the basis of proposals by the Special Rapporteur, Sir Humphrey Waldock, contain, in Part VII (entitled “Depositaries, Notifications, Corrections and Registration”), three articles—Articles 71, 72 and 73—dealing directly with the depositary of an international treaty; and throughout the Draft Articles are to be found other provisions which directly or indirectly relate to the same institution of contemporary international law and relations.