bluuebunny/crossref_metadata_2025 huggingface dataset:
War Crimes by Enemy Nationals Administering Justice in Occupied Territory
Authors: Freeman Alwyn V.
Published: April 2006

Shortly after termination of the now historic Nuremberg trial of Nazi Germany’s arch war criminals, formal proceedings were instituted against several other classes of major offenders against the laws of war in Western Europe. This second phase of the program included war crimes committed in S.S. laboratories, in the name of medical experimentation, and the socalled “economic” war crimes. Simultaneously with these proceedings preparations were made for still a third class of offenders to be brought to international justice, and it is this group which has recently been indicted. Here the charges are predicated upon illegal activity of enemy nationals engaged in administering justice in territories under military occupation, frequently involving the execution of inhabitants after a summary hearing, or after no trial at all. For the international lawyer this third category of war crimes contains many stimulating and significant elements. It raises highly challenging questions as to the extent to which criminal responsibility may be held to exist in cases where enemy nationals performing functions of a judicial or a quasi-judicial character have participated in the pronouncement and execution of sentences, including the death penalty, against nationals of the occupied areas.
On the Concept of International Law
Authors: von Verdeoss Alfred
Published: April 2006

Four different definitions of international law can be found in the literature. According to the narrowest of these definitions, international law is that legal order which regulates the relations between independent (sovereign) states. Thus the Permanent Court of International Justice stated in its judgment of September 7, 1927, in the Lotus case: “International Law governs relations between independent States.” But generally this definition is immediately expanded by defining international law as that legal order which governs relations between independent states and certain other sovereign communities (the Catholic Church, recognized belligerents). Brandweiner uses an even wider definition. He considers that international law includes also the legal rules governing the relations between states and other ecclesiastical communities as well as the relations of the different Churches inter se.
Was There an Ultimatum Before Pearl Harbor?
Authors: Hill Norman
Published: April 2006

The word ultimatum is used repeatedly in the Report of the Army Pearl Harbor Board and in the testimony given to the Joint Congressional Committee investigating the Pearl Harbor disaster. In the former it is asserted that the Japanese regarded the “Ten Points” submitted to their government on November 26, 1941, as an ultimatum, and the testimony of Ambassador Grew is cited in support of the statement.
Resources of the Continental Shelf
Authors: Borchard Edwin
Published: April 2006

On September 28, 1945, the President of the United States issued two important proclamations and executive orders relating to the national exploitation of the resources of the continental shelf and the national regulation of contiguous fisheries. The claims therein made on behalf of the United States have important international repercussions. They also have an impact on the Constitutional question as to who, as between state and nation, controls these resources within and outside the three-mile limit.
Legality of Guerrilla Forces Under the Laws of War
Authors: Nurick Lester , Barrett Roger W.
Published: April 2006

The possibility of continued resistance by Japanese forces toward the end of 1945, contrary to the terms of the surrender agreement by the Japanese Government, again raised the problem of the status of guerrillas under the laws of war. This problem has arisen during almost every war in modern history. It arose at the conclusion of hostilities with Germany when there was speculation that some German forces would refuse to abide by the unconditional surrender.
Manchurian Booty and International Law
Authors: Lew Daniel H.
Published: April 2006

In its reply to the identical notes sent by Secretary of State James F. Byrnes on February 9, 1946, to the Chinese and Soviet Governments concerning the disposition of Japanese external assets, the Government of China stated that the claim of the Soviet Government “that all Japanese enterprises in the Chinese Northeastern Provinces which had rendered services to the Japanese Army were regarded by the Soviet Union as war booty of Soviet forces” is considered by the Chinese Government “as far exceeding the scope of war booty as generally recognized by international law and international usage.”
The Responsibility of the Successor State for War Debts
Authors: Cahn Hans J.
Published: April 2006

It is the unalterable fate and the inevitable risk of any debt that its value is closely connected with the fate and actions of the debtor whose assets are subject to the liability. This applies especially to the public debts of a belligerent state whose wealth and resources, and sometimes its very existence, are at stake. The domestic laws of almost every civilized country protect the creditor against the effects of legal changes and of non-remunerative mutations affecting all or an important portion of the property subject to the liability. This liability remains with the transferred property. To a certain extent it is legally vested in the person who succeeds to the property rights.
International Armed Forces and the Rules of War
Authors: Taubenfeld Howard J.
Published: April 2006

There is general international acceptance at the present time of many limitations placed on the conduct of the forces of states engaged in armed conflict. It is generally agreed, for example, that prisoners of war must be treated humanely; that wounded, sick and shipwrecked members of armed forces must receive special attention; and that the position of noncombatants and persons in occupied territory must be safeguarded. Limitations on the use of gases and submarines, among others, have been widely accepted. The rules are recognized as binding even in the event of an illegal war and are accepted, at least to some extent, even by nations and groups not parties to the treaties and conventions which have sought to set forth general limitations.
The Soviet Interpretation of International Law
Authors: Kulski W. W.
Published: April 2006

The five issues of Sovetskoe Gosudarstvo i Pravo which are here reviewed (Nos. 6, 7 and 8 of 1954, and Nos. 1 and 2 of 1955) contain a series of articles devoted to a discussion of the basic notions of international law. This discussion is related to the preparation of a new textbook for Soviet law schools the completion of which this year has been announced by the A. Ya. Vyshinsky Institute of Law, a branch of the Soviet Academy of Sciences.
The So-Called Double Veto
Authors: Rudzinski Alexander W.
Published: April 2006

The veto question, one of the most controversial problems facing the United Nations, has several aspects of unequal importance. First, there is the great political problem of the relations between the great Powers on the one hand, and the small and middle-sized states on the other, as well as of their role in an international organization. This problem, being a political one, is reflected in the whole constitutional structure and functions of the organs of the United Nations. Second, there is the well-established traditional legal principle of equality of states, big and small, mighty and weak. This principle was reiterated in the United Nations Charter in Article 2 (1), which reads: “The Organization is based on the principle of the sovereign equality of all its Members.” Both these aspects of the veto question are well known and have been discussed to such an extent as to be entirely left aside in these remarks.
The Thirtieth Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

The International Court of Justice had a busy year in 1951. It handed down judgments in the Haya de la Torre Case and the Anglo-Norwegian Fisheries Case, and an advisory opinion relating to Reservations to the Genocide Convention. An order indicating interim measures of protection was issued in the Anglo-Iranian Oil Company Case, and orders were given in the case concerning Rights of American Nationals in Morocco and in the Ambatielos Case; these three cases, as well as two newly-instituted cases—the Minquiers and Ecrehos Case and the Nottebohm Case, were pending at the end of the year.
International Actions and Neutrality
Authors: Taubenfeld Howard J.
Published: April 2006

Despite a widespread hope that in the United Nations mankind had created an organization which would eliminate warfare, events have unfortunately proved that international conflict, with all its attendant legal problems, is not yet a dead issue. Although the United Nations has not extirpated armed conflict, it has, by its very existence and by its actual and potential role as a participant in, and even as an originator of, military actions, altered, of necessity, the status both of Members and nonMembers in the course of such an action. This is a study of that status, together with a consideration of the necessary concomitant changes in the concept of neutrality in the modern world. The laws of neutrality will first be briefly considered; the effect of the League of Nations period will then be examined as background for a comparison with the current period; and the effect and influence of the United Nations will then be studied in greater detail.
The United Nations Secretariat—Some Constitutional and Administrative Developments
Authors: Cohen Maxwell
Published: April 2006

The personnel difficulties of the United Nations Secretariat, so much dramatized since 1952, have served to focus exceptional attention on the Secretary General and his employment policies, as well as on the constitutional position of the Secretariat, its staff and their relations to the General Assembly and to the Administrative Tribunal. Indeed a substantial literature examining these issues —issues arising, in part, out of the United States’ allegations of “subversive” personnel in the Secretariat—now must be added to the already imposing structure of scholarship dealing with international organizations and officials since their beginnings in the League system and into the United Nations period.
Recent Developments in High Seas Fisheries Jurisdiction Under the Presidential Proclamation of 1945
Authors: Selak Charles B.
Published: April 2006

On September 28, 1945, the President of the United States issued two proclamations asserting jurisdiction and control for certain purposes over areas of the high seas. These proclamations suggested the introduction of a new element into United States policy with regard to high seas jurisdiction even though the press release of September 28, 1945, which accompanied the proclamations, indicated that they did not purport to “extend the present limits of the territorial waters of the United States.”
The Nottebohm Judgment
Authors: Kunz Josef L.
Published: April 2006

Friedrich Nottebohm was born at Hamburg, Germany, a German national by birth and remained a German national until 1939. Since 1905 he had resided in Guatemala, where he carried on prosperous activities in the fields of commerce, banking and plantation. At the end of March or the beginning of April, 1939, he left for Germany and applied in October, 1939, after the outbreak of the second World War, for naturalization in the Principality of Liechtenstein and was naturalized on October 13, 1939. From this moment on he conducted himself exclusively as a national of Liechtenstein, particularly with regard to Guatemala, where he returned in 1940. On October 19, 1943, he was arrested by Guatemalan authorities and turned over to the armed forces of the United States in Guatemala. He was deported to the United States and interned there for two years and three months. During his internment in this country, in 1944, fiftyseven legal proceedings were commenced against him in Guatemala, designed to confiscate all his movable and immovable properties. When he was released from internment in the United States in 1946 and wanted to return to Guatemala to take up the defense against all the litigations pending against him there, he was refused readmission to Guatemala. In 1946 he went to Liechtenstein, where he has resided ever since. In 1949, three years after he had made Liechtenstein his effective and permanent domicile, his properties in Guatemala were confiscated under Guatemalan law.
Joint Development of International Waters
Authors: Kenworthy William B.
Published: April 2006

During the past thirty years there has been an increasing awareness that in order to achieve the maximum utilization of available water resources the development of each river basin should be considered as an entity. One instance in which the concept was thoroughly applied, whether or not properly, was the Tennessee Valley Authority. Effective conservation and flood control practices must begin in the upper reaches of a watershed in order to be effective. Normally the best dam sites are located in the more mountainous terrain, distant from the cities and irrigated farm lands.
Reflections on the Present Prospects of International Adjudication
Authors: de Visscher Charles
Published: April 2006

Is the pessimism at present exhibited by certain scholars with regard to the current prospects of international law completely reasonable? More particularly, is it really justifiable to speak of a deterioration in the juridical methods of settling disputes between states? However disappointing the course of events may have been during the last ten years, it seems that certain evaluations, inspired by nostalgia for the past, to some extent lose sight of factual conditions which have always, in different degrees, limited the role of law in the solution of international conflicts. It is useful to recall such conditions at a time when excessive discouragement has succeeded unreasonable expectations.
The Problem of the International Personality of Individuals
Authors: Korowicz Marek St.
Published: April 2006

In this article, which presents an outline of the interesting and important problem of individuals as subjects of international law, special attention will be devoted to an original experiment in the field of public international law. This experiment was carried out on behalf of the Principal Allied Powers after the first World War in the territory of Upper Silesia, which is one of the largest coal, steel, zinc, lead and chemical-producing industrial centers in Europe.
Uniting for Peace
Authors: Andrassy Juraj
Published: April 2006

During the discussion of the United Nations resolution “Uniting for Peace” (hereafter called “Resolution”), many arguments were advanced for and against the Resolution. Opposing interpretations of the Charter and quotations from authorities in international law were amply used to prove the assertions of each side. It seems to be useful to make a systematic survey of the principal legal questions involved, taking duly into account the arguments set forth during the discussion of the Resolution.
The Authority of the United Nations to Establish and Maintain a Permanent United Nations Force
Authors: Sohn Louis B.
Published: April 2006

The establishment of the United Nations Emergency Force (UNBF) during the Middle Eastern crisis in November, 1957, has been generally accepted as being a proper exercise of the powers of the United Nations. Proposals have been made, however, to establish a more permanent force, either on a full-time or stand-by basis, for use in future emergencies.
Concession Agreements and Nationalization
Authors: Carlston Kenneth S.
Published: April 2006

It is the purpose of this article to investigate the status of concession agreements in the light of the rules of international law bearing on the power of a state to nationalize property. It is a continuation of an earlier article which explored the nature and function of the concession agreement in the national and international economies. The first article rested on the assumption that legal rules could not be fully understood or evaluated without a fairly clear understanding of the social facts which they were designed to regulate.
Radio Propaganda—A Modest Proposal
Authors: Whitton John B.
Published: April 2006

Once again the attention of students of international law and relations has been directed to the use of propaganda as an offensive weapon of power politics. President Eisenhower, in his historic speech last August before the United Nations, included in his comprehensive plan for the Middle East a proposal for a system of monitoring inflammatory broadcasts.
Progress Towards Universality of Membership in the United Nations
Authors: Gross Leo
Published: April 2006

The resolution of the General Assembly of December 14, 1955, to admit 16 countries to membership in the United Nations, marked “an event second only to the foundation of the United Nations itself,” and a decisive step towards achieving universality of membership. As the President of the Tenth Session of the Assembly, Mr. Jose Maza (Chile) put it:

By the adoption of this resolution the General Assembly has given life to a deep desire which has existed within it for several years, namely, the overcoming of the obstacles which have impeded the development of the United Nations into a real international Organization, representing all the peoples of the world and enjoying true universality.
Continental Shelf and International Law: Confusion and Abuse
Authors: Kunz Josef L.
Published: April 2006

The so-called “doctrine and practice of the Continental Shelf,” hardly more than ten years old, has, through many unilateral proclamations highly different in character and contents, led at this time to a situation which only can be characterized as one of confusion and abuse. The whole development, especially in its exaggerated claims, gives the impression of a triumphant upsurge of national sovereignty, and threatens to endanger the long-established principle of the freedom of the high seas—a norm juris cogentis of general customary international law.
Draft Convention on the International Responsibility of States for Injuries to Aliens
Authors: Sohn Louis B. , Baxter B. B.
Published: April 2006

1.

A State is internationally responsible for an act or omission which, under international law, is wrongful, is attributable to that State, and causes an injury to an alien. A State which is responsible for such an act or omission has a duty to make reparation therefor to the injured alien or an alien claiming through him, or to the State entitled to present a claim on behalf of the individual claimant.

2. (a)

An alien is entitled to present an international claim under this Convention only after he has exhausted the local remedies provided by the State against which the claim is made.

(b) A State is entitled to present a claim under this Convention only on behalf of a person who is its national, and only if the local remedies and any special international remedies provided by the State against which the claim is made have been exhausted.
The Uses of “General Principles” in the Development of International Law
Authors: Friedmann Wolfgang
Published: April 2006

As public international law expands into new domains formerly excluded from its province, it will, for its “formal” sources, have to depend more and more on treaties as the nearest substitute for international legislation.
Peace-Keeping and Disarmament: A Report of the Discussions at the Conference of the Eighteen-Nation Committee on Disarmament
Authors: Neidle Alan F.
Published: April 2006

Pursuant to agreement between the Soviet Union and the United States, endorsed by General Assembly resolution of December 20, 1961, representatives of the following countries took part in the Conference of the Eighteen-Nation Committee on Disarmament: Brazil, Bulgaria, Burma, Canada, Czechoslovakia, Ethiopia, India, Italy, Mexico, Nigeria, Poland, Rumania, Sweden, the Soviet Union, the United Arab Republic, the United Kingdom and the United States.
Rôle of the “New” Asian-African Countries in the Present International Legal Order
Authors: Anand R. P.
Published: April 2006

The establishment of an effective rule of law in the international society, we have been told time and again, is the only way to save the world from the danger of its plunging into the holocaust of an atomic-missile war which, if it ever comes, will mean an over-all destruction.
State Succession and Problems of Treaty Interpretation
Authors: O’Connell D. P.
Published: April 2006

It is sometimes stated that the question of state succession to treaties is a question more of treaty interpretation than of the existence or otherwise of general rules of law concerning the fate of treaties upon change of sovereignty. In general terms the proposition is true: a customary rule favoring or negativing devolution would tend to be either excessively comprehensive or excessively restrictive with respect to the category of treaties whose fate is in issue. Many treaties, upon interpretation, might be found to be inapplicable under the new circumstances, while many others might be deliberately drafted in anticipation of a change of sovereignty, and might incorporate a clause providing for the solution of the problem. A study of concrete issues is thus, generally, more instructive in determining the effect of change of sovereignty upon treaties than is the enunciation of general principles of succession.
The Proposal for Investment Guarantees by an International Agency
Authors: Brewer William Conant
Published: April 2006

One of the more heartening developments in the field of development economics has been the modest success of the United States investment guarantee program. It did not therefore come entirely as a surprise when Mr. Eugene R. Black, then President of the World Bank, told his Board of Governors at their Vienna meeting in September, 1961, that, following a suggestion by the Development Assistance Committee of the O.E.C.D., the Bank was “studying the possibility of devising a multilateral scheme for the insurance of private foreign investments against various non-commercial risks.”
The Nuclear Test Ban Treaty and International Law
Authors: Schwelb Egon
Published: April 2006

The Test Ban Treaty of August 5, 1963, prohibits nuclear weapon tests or other nuclear explosions in the atmosphere, in outer space, or under water, i.e., in the environments where detection from outside the territory of the testing state is possible. Underground nuclear explosions are not prohibited as long as they do not cause radioactive debris to be present outside the territorial limits of the state under whose jurisdiction or control such explosions are conducted. The parties to the treaty also undertake to refrain from “causing, encouraging, or in any way participating in” the carrying out of explosions anywhere which have any of the prohibited effects. The treaty is, as President Kennedy pointed out in his message to the Senate, “the first concrete result of 18 years of effort by the United States to impose limits on the nuclear arms race.” Similarly Lord Home, as he then was, said as Secretary of State for Foreign Affairs of the United Kingdom, that the limited test ban in three environments was “a good thing in itself not only first, because it reduces the danger of pollution of the atmosphere, but, secondly, because it makes the first agreement of substance which we have been able to make with the Russians for a very long time.” Mr. Khrushchev, on his part, praised the treaty as a “document of great international significance” and said that “its conclusion means a major success for all people of goodwill who for many years have been actively fighting for the discontinuance of nuclear tests, for disarmament, for peace and international friendship.” It is stated in the Preamble to the treaty that the parties seek to achieve the discontinuance of all test explosions of nuclear weapons for all time and are determined to continue negotiations to this end.
Dispute Settlement: The Chicken War
Authors: Walker Herman
Published: April 2006

“Chicken War” is a quip for a long-festering controversy that in the summer of 1963 bristled with menace of a possible trade war between the United States and the European Economic Community. Actually, no outbreak of hostilities eventuated; for, in good time, basis for a détente was found. This entailed resort to a dispute-resolution machinery, made possible because of the existence of an organized international forum in which countries have gained experience in the tasks of harmonizing trade interests. How the controversy started, burgeoned and was disposed of illustrates the complications arising from the creation of the Common Market and the ways devised for coping with these and other complications afflicting international trade.
The United States-Italy Air Transport Arbitration: Problems of Treaty Interpretation and Enforcement
Authors: Larsen Paul B.
Published: April 2006

The 1946 Bermuda Agreement is the major model for the United States bilateral air transport agreements. The Chicago Convention of 1944 had failed to provide traffic rights for scheduled air carriers because the United States and the United Kingdom disagreed over economic regulation of international air transport. The agreement which these competitors made two years later at Bermuda rivaled the Chicago Convention in importance because its compromise formula became the key to the later bilateral air transport agreements upon which is based the existence of all international scheduled air transport.
Rescue and Return of Astronauts on Earth and in Outer Space
Authors: Hall R. Cargill
Published: April 2006

The requirement for international standards for rescue and return of distressed astronauts rapidly assumed importance in the first years of the space age, paralleling development of the technology necessary to sustain man in outer space and to permit re-entry of spacecraft through the earth’s atmosphere. The need increased in the early 1960’s when both the United States and the Soviet Union announced inauguration of space flight programs to send men to the moon and return them to earth. It was recognized that, in the continued absence of any firm international consensus on this subject, international friction could be caused by disagreement over procedure to be followed, the nature and extent of states’ obligations, or by differences in interpreting or applying legal principles in the event earth or space rescue and return operations became necessary. These conditions (possible unintentional misunderstanding during manned flight emergencies, swift developments in astronautical science and technology that made manned space flight a reality, and the importance of astronauts in terms of national prestige and subsequent status as “envoys of mankind”) combined to encourage international agreement upon standards for rescue and return by way of direct discussion among states, informal agreement, and, ultimately, conclusion of formal conventions governing this activity; and they discouraged reliance by nations upon principles or practices derived from custom and precedent.
Diplomatic Privileges and Immunities: A New Regime is Soon to be Adopted by The United States
Authors: Harris Leo J.
Published: April 2006

As soon as the House of Representatives considers and passes the Diplomatic Relations Act of 1967, and the President signs the new Act into law, the United States will proceed to deposit its ratification of the 1961 Vienna Convention on Diplomatic Relations. These two documents will make rather extensive changes in United States law and practice with respect to diplomatic privileges and immunities. It will be the purpose of this article to give a capsule summary of the manner in which the Diplomatic Relations Act may be anticipated to operate in the future, and to indicate the pertinent areas in which the previous United States law and practice will be affected thereby.
The Outer Limit of the Continental Shelf: A Rejoinder to Professor Louis Henkin
Authors: Finlay Luke W.
Published: April 2006

Professor Louis Henkin and the National Petroleum Council are well known for their disparate views regarding the present extent of national jurisdiction of the coastal states over their Continental Shelves under the 1958 Geneva Convention on the Continental Shelf and also regarding the desirability of amending that Convention.
Developments in the Law and Institutions of International Economic Relations: International Economic Development: The Emergent Issues
Authors: Kirgis Frederic L.
Published: April 2006

Thought about the problems of economic growth has evolved in the space of two hundred years from the static models of Adam Smith and David Ricardo to the eclecticism of modern development economists. The current eclectic economic philosophy is increasingly reflected in operating policies of institutions concerned with international development. One result is the framing of a new set of issues which are best expressed in terms of the adaptability of development assistance mechanisms to meet varied and frequently changing needs. Thus the present discussion, after a look at experience since World War II, will examine issues which may be viewed as guideposts to development assistance flexibility: increased multilateralism in the transfer of resources; harmonization of the terms of resource transfer with debt service capabilities; the channeling of growth toward optimal goals, including the stimulation of capacity to earn foreign exchange; and the encouragement of balanced investment involving the private as well as the public sector.
Review of the Rôle of the International Court of Justice
Authors: Gross Leo
Published: April 2006

The stagnation in the functioning of the International Court of Justice is only one of several indicators of the neglect by Members of the United Nations of the development and modernization of adjective law. There has been gratifying progress in the codification and progressive development of substantive law through the International Law Commission and other bodies, but substantive law without an adequate adjective law is bound to lack in effectiveness and uniform and predictable application.
Legal Aspects of the Geneva Protocol of 1925
Authors: Baxter R. R. , Buergenthal Thomas
Published: April 2006

In his policy statement of November 25, 1969, on chemical and biological warfare, President Richard M. Nixon declared that the Administration would ask the Senate for advice and consent to the ratification of the Geneva Protocol of 1925. At the same time, the President reaffirmed the renunciation by the United States of “the first use of lethal chemical weapons” and extended “this renunciation to the first use of incapacitating chemicals.” With regard to biological weapons, the President renounced the use of all biological weapons and methods of warfare, declared that the United States would confine its biological research to defensive measures, and ordered the Defense Department to make recommendations for the “disposal of existing stocks of bacteriological weapons.” On February 14, 1970, the President extended the ban on biological weapons to include toxins.
The Process of Amending the Statute of the International Court of Justice
Authors: Schwelb Egon
Published: April 2006

The Statute of the Permanent Court of International Justice did not contain a clause regulating the procedure for its amendment. This was considered to be a “gap,” an “unfortunate lacuna.” This “gap” may or may not have been deliberate. It was certainly not a “genuine” gap. In spite of the absence of a provision on amendments, the law provided a clear though inconvenient answer to the question of how the Statute could be amended, namely, by unanimous consent of all parties to it. In 1928 proceedings for the introduction of some amendments were initiated. They were incorporated in a Protocol of Amendment in 1929. The difficulties which were encountered before the Protocol of Amendment entered into force in 1936 are now history and need not be dealt with here, the less so as they have been described in considerable detail in a recent book. The Protocol of Amendment did not remedy this defect of the original Statute. As Hudson has explained, this was due to the fact that the adhesion of the United States was proposed on condition that the Statute “shall not be amended without the consent of the United States.” Such a position could hardly be accorded to the United States unless it were also maintained for the other states which were parties.
The Amendments to the Rules of Procedure of the International Court of Justice
Authors: Aréchaga Eduardo Jiménez de
Published: April 2006

When the Court began the revision of its rules of procedure in 1967, the approach then followed was to attempt a systematic revision of the Rules in their entirety and as an integrated whole. However, in 1972, the Cour suspended the full-scale and complete revision it had initiated and decided instead simply to amend certain articles of the existing Rules of Court.
A New Legal Framework for Trade Between the United States and the Soviet Union: The 1972 US-USSR Trade Agreement
Authors: Starr Robert
Published: April 2006

On October 18, 1972 the United States and the Soviet Union completed the negotiation of a comprehensive series of arrangements covering trade between the two countries. A Trade Agreement, consisting of nine articles and three annexes, and complemented by several exchanges of letters, establishes a new legal framework for the development of US-USSR trade.
The Twenty-Fourth Session of the International Law Commission
Authors: Kearney Richard D.
Published: April 2006

The agenda that faced the International Law Commission at the first meeting of the 24th session on May 2, 1972, was a formidable one. The 23rd session in 1971, despite an extension to fourteen weeks in place of the usual ten, had been able to complete work on the draft articles on the Representation of States in their Relations with International Organizations only by concentrating on that subject to the substantial exclusion of other topics. As a consequence the Commission had not made any real progress on the other active subjects before it, which included State Succession in respect of treaties and in respect of matters other than treaties, as divide between two Special Rapporteurs, State Responsibility, the Most-Favoured-Nation Clause, and Treaty Law of International Organizations. In addition, the Commission had before it another piece of unfinished business, the review of its longterm program of work in light of the wide-ranging and thoughtful “Survey of International Law” which had been prepared in 1971 by the U.N. Secretariat at the Commission request.
Legal Dimensions of the Decision to Intercede in Cambodia
Authors: Moore John Norton
Published: April 2006

In appraising national security decisions, such as the recent decision to send United States combat forces into the North Vietnamese and Viet Cong border sanctuaries in Cambodia, it is useful to focus on three interrelated questions. First, is the decision consistent with national and international law? Second, is the decision consistent with the national interest? And third, are there other alternatives which are likely to be more satisfactory in implementing the national interest? Each of these questions represents an important perspective for appraisal. Although the answer to the first question is important for answering the second and third questions, international lawyers should resist the temptation to regard an affirmative answer to the legal question as equivalent to proof that a decision is the best option for national action. Conversely, international lawyers should also avoid the temptation to regard personal doubts about the efficacy of a particular option as equivalent to proof of the illegality of the option. An international legal perspective is a critical input in national security decisions and should have a major rôle in defining the national interest and in introducing and delimiting options for national action. On the other hand, efforts to overuse international law, whether by way of support or criticism of national action, serve only to obscure the vital rôle that an international legal perspective should play.
The United States and the Issue of the Binding or Voluntary Nature of International Codes of Conduct Regarding Restrictive Business Practices
Authors: Davidow Joel , Chiles Lisa
Published: April 2006

The current administration has announced that one of the foreign policy objectives of the United States is to improve relations with developing countries by being more responsive to their concerns. The former administration was also moving in the same direction, as demonstrated by the Kissinger proposals to the seventh special session of the United Nations in 1975 and by U.S. agreement to the extensive plan of action called for by a final omnibus resolution of the United Nations Conference for Trade and Development (UNCTAD) in Nairobi in May 1976.
The Helsinski Declaration: Brobdingnag or Lilliput?
Authors: Russell Harold S.
Published: April 2006

On August 1, 1975 the Chiefs of State and other high representatives of 33 European countries, the United States, and Canada signed the Final Act of The Conference on Security and Cooperation in Europe (CSCE) in Helsinki. This event, described as the largest meeting of European leaders since the Congress of Vienna or by the more enthusiastic as the largest such meeting in history, had been little discussed in the North American press and caught the American public largely unprepared. Logic dictated that such an impressive gathering had to have an equally impressive purpose, and editorial writers struggled to explain the significance of the occasion. The general conclusion was that the President had demeaned himself by recognizing Soviet postwar hegemony in Eastern Europe without any substantial quid pro quo. George Ball called it “a defeat for the West.” Much of this comment in the media was without benefit of the complex document actually signed at Helsinki, covering sixty printed pages, which was made available to the public only one week prior to the signing. The Department of State, concerned that euphoria over this event might lead to increased pressure for withdrawal of U.S. forces from Europe and for other forms of unilateral disarmament, played down the Conference as an exercsie which was primarily of interest to the allies of the United States and which in any case had not produced documents of a legally binding character. For those determined to oppose the Conference, this appeared to be some form of coverup, whereas to those who saw merit in the texts, this seemed to depreciate the usefulness of some important steps in the right direction. Confusion over a document as carefully drawn, as vague and full of interrelationships and loopholes as is the Final Act is natural, and the results of the Conference should provide many a scholar a rich harvest of material for study for years to come.
The Most-Favored-Nation Treatment in Japan’s Treaty Practice during the Period 1854–1905
Authors: Murase Shinya
Published: April 2006

It can be said today that a unilateral most-favored-nation (MFN) clause is only of historical significance. The first unilateral MFN clauses appeared in the seventeenth century in the capitulation treaties with the Ottoman Empire and in the agreements between the French East India Company and the Mogul Empire. However, it was in the latter half of the nineteenth century that unilateral MFN clauses were most extensively concluded between the European Powers and Asian countries. These unilateral clauses served as an instrument for securing “equality in exploitation” in the economically backward regions of Asia where several of the capital exporting countries were in competition and conflict with each other.
Voting in the Security Council and the PLO
Authors: Gross Leo
Published: April 2006

The United States and some other members of the United Nations have been concerned in recent years about the substance of some resolutions of the General Assembly and the procedures by which they were adopted. Their concern was intensified by certain actions at the twenty-ninth session, when the Assembly sustained a ruling of its President with respect to the representation and participation of South Africa in that and future sessions, when it curbed the right of Israel to participate in the debate on the question of Palestine, when it accorded to the representative of the PLO (Palestine Liberation Organization) a treatment usually reserved to the head of a member state, and when it declared by Resolution 3210 (XXIX) of October 14, 1974, “that the Palestinian people is the principal party to the question of Palestine” and invited the PLO “to participate in the deliberations of the General Assembly on the question of Palestine in plenary meetings.”
The Stealing of the Sahara
Authors: Franck Thomas M.
Published: April 2006

The Western—or, until now, Spanish—Sahara is a small place. Its decolonization and the fortunes of its mere 75,000 inhabitants do not attract instant or prolonged public attention. Nevertheless, or, perhaps, in part for that very reason, the disposition of the Sahara case by the United Nations has been monumentally mishandled, creating a precedent with a potential for future mischief out of all proportion to the importance of the territory.
The Balance of Power in International Law: A History of an Idea
Authors: Vagts Alfred , Vagts Detlev F.
Published: April 2006

The existence of a significant relationship between the concept of the balance of power and international law would be regarded as improbable by most modern international lawyers. They would think of the balance as a wholly obsolete conception and, in any case, as a part of international policy, or worse, part of cynical Realpolitik rather than of law. Earlier generations of jurists, however, did see international equilibrium either as an integral part of the system of rules of the law of nations or at least as a necessary precondition to the existence of such a law. Such a view of the interrelationship was never unanimous; indeed, there were in the past many legal observers who saw the balance of power as an obstacle to the development of an international legal order based on something more moral than force alone. This article is devoted to a study of the relationships between those two concepts as seen by the publicists who created the corpus of international law, principally during the period from the Peace of Westphalia in 1648 to the outbreak of World War I in 1914. It is not a study of the balance of power at large—a topic to which volumes might be dedicated—but only of that idea’s relationship with law.
Proposed Amendment of the Foreign Corrupt Practices Act of 1977
Authors: Trooboff Peter D.
Published: April 2006

On February 3, 1983, Senator John Heinz (R., Pa.) introduced in the 98th Congress, with Senator John Chafee (R., R.I.) as principal cosponsor, a proposal to amend the Foreign Corrupt Practices Act (FCPA) of 1977. The bill had been approved by the Senate on November 23, 1981, after the Committee on Banking, Housing and Urban Affairs had made certain changes in the amendments originally proposed by Senator Chafee. Although a subcommittee of the House Committee on Energy and Commerce held extensive hearings on the FCPA, it never reported the proposed legislation, and the 97th Congress adjourned in December 1982 without completing action on the proposal.
Strengthening the Soft International Law of Exchange Arrangements
Authors: Gold Joseph
Published: April 2006

The concept of “soft law” in international law has been familiar for some years, although its precise meaning is still debated. A distinguished international lawyer, Professor Ignaz Seidl-Hohenveldern, delivered a series of lectures onInternational Economic “Soft Law”at the Hague Academy of International Law in 1979. The concept as applied to economic affairs is of particular interest in relation to the subject matter of this article.
The State Immunity Act of the United Kingdom
Authors: Delaume Georges R.
Published: April 2006

The State Immunity Act 1978 (the Act) came into force in the United Kingdom on November 22, 1978. Preceded by much-noted and bold decisions of the Judicial Committee of the Privy Council, and of the Court of Appeal, the Act puts an end to the old British doctrine of absolute immunity and endorses the restrictive doctrine.
The Foreign Sovereign Immunities Act of 1976 in Practice
Authors: Brower Charles N. , Bistline F. Walter , Loomis George W.
Published: April 2006

The U.S. Foreign Sovereign Immunities Act of 1976 (the Act), which became effective on January 19, 1977, sought to codify the substantive law of sovereign immunity in the United States, while also modifying it in certain respects. An even more important goal was to make the application of such law more uniform, fair, and hence predictable, by relieving the Department of State of the responsibility to determine claims of such immunity, and remitting them exclusively to judicial determination, preferably in federal courts. Now, 2 years after it first took effect, it is appropriate to review the roughly two dozen cases that have applied and interpreted the Act, as well as certain questions that have otherwise arisen in practice, in order to ascertain whether (and, if so, where) significant uncertainties remain and amendment of the Act may be in order. Further, the taking effect of the new State Immunity Act 1978 in the United Kingdom on November 22, 1978, has provided an opportunity to see what others have learned from our experience. It also demonstrates the extent to which they have diverged from our design, suggesting the ultimate utility of a broad international convention on the subject.
The Gulf of Sidra Incident
Authors: Blum Yehuda Z.
Published: April 2006

The clashes in the Gulf of Sidra (off the coast of Libya) between the navies of the United States and Libya in the last week of March 1986 have brought to the fore once again some legal problems surrounding the Libyan claims regarding the juridical status of the body of water in question.
The Gulf of Maine Case: The Nature of an Equitable Result
Authors: Schneider Jan
Published: April 2006

Pursuant to the recent four to one Judgment by a Chamber of the International Court of Justice in the Case Concerning Delimitation of the Maritime Boundary in the Gulf of Maine Area, Canada and the United States are to share Georges Bank. Canada has jurisdiction over approximately one-sixth of the Bank, including the resource-rich “Northeast Peak” and most of the “Northern Edge,” and the United States the remaining area. Since Georges Bank is one of the world’s most productive fishing grounds, and this was consequently a case about fish more than a traditional continental shelf delimitation, the Judgment means that these North American neighbors may have to work out cooperative arrangements for the conservation and management of the shared living resources of Georges Bank. The question naturally arises as to how this outcome was reached, and why it purports to fulfill the fundamental norm of the law of delimitation of maritime boundaries—namely, to achieve an “equitable result.”
IV
Authors: Jessup Philip C.
Published: April 2006

When I first heard this account of my father’s early motivation to take up international law I cannot remember, but it surfaces again, I believe, in the Columbia University oral history. His experience in the trenches in France towards the end of the First World War was the key. He was in the infantry, carrying a light machine gun, and fought through a number of the terminal battles with the American Expeditionary Forces. Although he was shipped back at the end of the war as a West Point candidate, he mustered out at the earliest opportunity to resume civilian life and complete his undergraduate degree at Hamilton College.