bluuebunny/crossref_metadata_2025 huggingface dataset:
Organization of the Community of Nations
Authors: Eagleton Clyde
Published: April 2006

Law, by whatever definition, is the authoritative voice of the community. Whether it be edicted by monarch or dictator, by representative assembly or the whole people, it speaks in the name of and binds the members of the community. It cannot rest upon the judgment of any member of the community; the essence of law is that it performs a group function. Law cannot speak upon the authority of an individual member; it must represent the authority of the group.
The Twenty-First Year of the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

The current international situation did not permit the Permanent Court of International Justice to resume its activities during the year 1942. Two cases are still pending before the court—the case relating to the Electricity Company of Sofia and Bulgaria and the Gerliczy Case—but no action was taken by the parties in either of them during the year. Nor was there the usual activity in connection with instruments relating to the court.
Rereading Grotius in the Year 1940
Authors: Sandifer Durward V.
Published: April 2006

“We await a jurist with the mastery of the legal materials, the philosophical vision, and the juristic faith which enabled Grotius to set up a law of nations almost at one stroke,” declared Dean Pound in concluding his address before the Thirty-Third Annual Meeting of the American Society of International Law on “The Idea of Law in International Relations.” That is a statement which challenges the attention and arouses the curiosity of a present-day international lawyer. Although accustomed as such a lawyer is to the notion of Grotius as the founder and father of the law of nations, it is a little startling to be told that the answer to the current dilemma of international law is contingent upon the advent of a jurist with his accomplishments. What is there in his De Jure Belli ac Pads to warrant such confidence? What would he have to offer as a guide to a lawyer seeking to extend and to reenforce the domain of law in international relations?
The United Nations Conference on Freedom of Information and the Movement Against International Propaganda
Authors: Whitton John B.
Published: April 2006

Upon signing the General Act at the close of the United Nations Conference on Freedom of Information, held at Geneva in March and April, 1948, General Carlos P. Romulo, its President, declared that some day that document might be regarded as the Magna Carta of freedom of thought and expression.1 While this view may be somewhat over-optimistic, undoubtedly the Conference showed a balance-sheet of substantial accomplishment. Opening in an atmosphere of deep pessimism contrasting with the brighter ambiance of 1946 when the idea of a conference was launched, the Conference closed with what may be called a victory of limited objectives.
The Publication of the diplomatic papers of Other Governments
Authors: Spaulding E. Wilder
Published: April 2006

An expert on foreign affairs has summarized the limitation upon the right of a government to make public the diplomatic papers which it has received from another government as follows: “ … one party to a negotiation cannot, in honor and in courtesy, publish the negotiation without the consent of the other party, on pain of forfeiting that good-will upon which … ‘the peace of the world ultimately depends.’ ” This principle of consent to publication is accepted, with some reservations and exceptions, by American practice. But American practice in this matter is not generally accepted by all foreign offices and it is not precisely and definitely written into international law. It has been generally observed in normal times by the Great Powers, which have had most to gain by its application, and it has frequently been disregarded by small powers and by Great Powers in times of stress. It rests upon comity and reciprocity, not upon international legislation.
Modernization of the law of International Contractual Agreements
Authors: Jessup Philip C.
Published: April 2006

Diplomacy has developed a large amount of formalistic ritual much of which is reflected in international law. The titles and ranking of diplomats constitute the most striking example. Curiously enough this tendency is not wholly reflected in the modern law and practice of treaty-making. It is of no legal consequence, for example, whether an agreement between or among states is called a treaty, a convention, a statute, an agreement, a protocol or a covenant or charter. Certain labels are used with a degree of consistency to signify the informal or temporary character of an agreement such as modus vivendi and “exchange of notes,” while others, such as “covenant” and “charter,” have been utilized to suggest the basic and over-all importance of the instrument. The labels do not, however, indicate whether the agreement registers a boundary settlement, the conclusion of peace, a political and military alliance, provisions for the extradition of fugitive criminals, arrangements for the distribution of radio frequencies, adjustment of double taxation, respect for copyrights, or facilities for travelling salesmen. The applicable substantive law similarly fails to distinguish among such diverse subjects and covers them all with the same rules concerning conclusion, interpretation, and termination. Such uniformity is convenient for the student, the statesman, and the judge, but it is not responsive to the needs of the international community in some important respects which will be discussed in this chapter.
Collective Security and Collective Self-Defense Under the Charter of the United Nations
Authors: Kelsen Hans
Published: April 2006

Collective security is the main purpose of the United Nations, just as it was the main purpose of its predecessor, the League of Nations. What does collective security mean? Under general international law the principle of self-help prevails. The protection of the legal interests of the states against violations on the part of other states is left to the individual state whose right has been violated. General international law authorizes the state, i.e., the individual member of the international community, to resort, in case of a violation of its rights, to reprisals or war against that state which is responsible for the violation. Reprisals and war are enforcement actions. Insofar as they are reactions against violations of the law, and authorized by it, they have the character of sanctions. We speak of collective security when the protection of the rights of the states, the reaction against the violation of the law, assumes the character of a collective enforcement action.
Towards an International Criminal Court
Authors: Pella Vespasian V.
Published: April 2006

The United Nations General Assembly on December 9, 1948, adopted a resolution reciting that “in the course of development of the international community, there will be an increasing need of an international judicial organ for the trial of certain crimes under international law,” and therefore inviting the International Law Commission to study the desirability and possibility of establishing such a judicial organ, in particular as “a Criminal Chamber of the International Court of Justice.” Further, in approving the Universal Declaration of Human Rights on December 10, 1948, the General Assembly endorsed a principle of the greatest import for the codification of international criminal law: that of nullum crimen sine lege, nulla poena sine lege.
Mainsprings of Chinese Communist Foreign Policy
Authors: Steiner H. Arthur
Published: April 2006

With the proclamation on October 1, 1949, of the establishment of the Central People’s Government of the People’s Republic of China, Chinese Communism formally passed into its constitutional phase. Prior to that date, the Chinese Communist Party had been the only political organization exercising authority throughout all of the territories held by Communist armed forces; thereafter, to all external appearances, it became but one of several political parties and groups participating in the coalition government of the “people’s democratic dictatorship.” Nevertheless, the new constitutional fagade does not alter the political realities in Communist China.
The General Assembly and the Progressive Development and Codification of International Law
Authors: Liang Yuen-Li
Published: April 2006

The work which has been undertaken by the United Nations with regard to the encouragement of the progressive development and codification of international law finds its express origin in the duty given to the General Assembly by Article 13, paragraph 1 (a) of the Charter of the United Nations. It is therein laid down that: “ 1 . The General Assembly shall initiate studies and make recommendations for the purpose of: (a) promoting international cooperation in the political field and encouraging the progressive development of international law and its codification.” At the Conference held at San Francisco, April 25 to June 25, 1945, at which the Charter of the United Nations wasdrawn up, the measures that should be taken for “revitalizing and strengthening” international law, shaken in the course of a quarter of a century by the upheaval of two World Wars, were considered by Committee II/2 of the Conference.
The Second World War and International Law
Authors: Korovin Eugene A.
Published: April 2006

The Second World War inflicted countless sufferings and misfortunes on mankind. At the same time the war put to the test, in the sacrifice and heroism at the battlefronts and in the rear, many peoples and states, social forms and political systems, doctrines and theories.
The Bogota Charter of the Organization of American States
Authors: Kunz Josef L.
Published: April 2006

Contrary to most international organizations, the Inter-American System lacked, up to now, a treaty basis. It was based merely on resolutions. Among them the famous Resolution of April 14, 1890, which created the “International Union of the American Republics,” has a particular character and importance. This resolution needed ratification which was given, but by the American governments only. By this ratification the American Republics bound themselves legally and consented to be bound for ten years—and still longer if nothing to the contrary was done—and consented to the making of modifications and amendments, concerning the organization, by majority vote. Generally resolutions of the International Conferences of American States and other such meetings constitute only recommendations and are not legally binding but resolutions concerning organization are legally binding at once on the basis of point 16 of the ratified Resolution of April 14, 1890; the latter is, up to now, in a strictly legal sense, the Constitution, the fundamental norm, of the Inter-American System.
The Soviet System of Collective Security Compared with the Western System
Authors: Kulski W. W.
Published: April 2006

Without belittling other functions of the United Nations one must acknowledge that it is hardly capable of taking coercive action in the event of a breach of the peace or of an act of aggression. The United Nations cannot guarantee collective security against aggression, because any permanent member of the Security Council may prevent, by its single veto, the application of sanctions against itself or any other state guilty of aggression. This important gap in the Charter has been filled in by agreements negotiated outside the Organization. The process of negotiating such agreements is not completed, certain areas of the world not being as yet covered by the existing treaties of mutual assistance, but the main lines have already been traced with sufficient clarity.
Some Principal Aspects of British Efforts to Crush The African Slave Trade, 1807-1929
Authors: Hazen Wilson Howard
Published: April 2006

One function of the British Foreign Office has been to promote the universal abolition of slavery, the slave trade, and analogous forms of involuntary servitude. It has been said that “International co-operation for the suppression of the African slave trade was one of the most significant developments of the nineteenth century.” If this is so, it should not be a superfluous task to consider the legal aspects of the principal methods which the prime mover, Great Britain, employed to achieve this effect. The literature of international law contains excellent material on certain features of the problem, but little material on the most productive and decisive phases of the policy. The object of this article is to show what those phases were, without dealing with their political side any more than seems absolutely necessary for clarity.
The Inter-American Regional System: Fifty Years of Progress
Authors: Fenwick Charles G.
Published: April 2006

So great has been the progress of the inter-American regional system over the past fifty years that it is difficult for a later generation to understand how hesitant and faltering the statesmen of an earlier day could have been in their approach to problems for which we have now found, if not the solution, at least the basis upon which to construct a solution. States were sovereign then, and sovereignty, as the term was practically applied, meant that states were not so much above the law but rather outside its scope in respect to the fundamental and recurrent issue of the defense of national interests.
The Thirty-Second Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

The highlights of the thirty-second year of the International Court of Justice are to be found in the judgment on the merits of the Ambatielos Case, in the judgment of the Minquiers and Ecrehos Case, and in the judgment on the preliminary objection advanced by Guatemala in the Nottebohm Case.
Preventive War Critically Considered
Authors: Potter Pitman B.
Published: April 2006

Members of the American Society of International Law are by inference charged by the Constitution of their Society with doing all that is possible to promote the study and development of international law and the conduct of international affairs on the basis of law and justice. For this purpose it is not sufficient to study and advocate the development of the law itself or for its own sake. Much attention must be given, certainly much more than has been given in the past, to the second section of the mandate, partly because of its own importance and partly to provide the kind of international situation where the law can thrive and be effective— which in turn is calculated to promote peace and justice. Friends of international law cannot afford to evade even the most difficult and delicate issues in the field of international relations on the ground that they are purely political in character.
Islam and the Modern Law of Nations
Authors: Khadduri Majid
Published: April 2006

Muslim states have shown in recent years eagerness to participate in international organizations and co-operate with other Powers to promote international peace and security. This is a significant phenomenon in the behavior of states whose traditional law of nations is so radically different from the modern law of nations and the principles implied in the United Nations Charter.
The Reparations Agreement between Israel and the Federal Republic of Germany
Authors: Honig Frederick
Published: April 2006

The Agreement which was concluded between Israel and the Federal Republic of Germany on September 10, 1952, and went into force on March 27, 1953, is in some ways unique in the history of diplomacy. It is a treaty between two states which do not entertain diplomatic relations and do not even intend to establish such relations for the purpose of carrying into effect their mutual contractual undertakings. Furthermore, it is a treaty between states of which one was not in existence as a state and the other was not yet constituted in its present legal form when the events giving rise to the payment of reparations occurred. These are the somewhat unusual circumstances in which the Agreement was concluded, and they must be borne in mind when considering some of its features which, at first sight, might seem strange. A short account of the history preceding its conclusion may therefore be of assistance in providing the correct perspective.
Towards the Rule of Law?
Authors: Briggs Herbert W.
Published: April 2006

On January 11, 1957, the United States rejected a request of the Government of Switzerland to submit the Interhandel controversy to arbitration or conciliation in conformity with the provisions of the United States-Swiss Treaty of Arbitration and Conciliation of February 16, 1931. The refusal to submit the controversy to arbitration was declared to be “on the ground that the matter does not involve a dispute falling within the scope of the obligation to have recourse to arbitration” and the refusal to comply with the conciliation provisions of the treaty was on the ground that they “would necessarily be unproductive.”
The Succession of the International Court of Justice to the Permanent Court of International Justice
Authors: Hudson Manley O.
Published: April 2006

No international institution of general scope can continue its normal functioning in a period of a great world upheaval, and any international institution for the preservation of law and order must find its activities circumscribed at such a time. The Permanent Court of International Justice was no exception to the rule.
Indonesian Nationalization Measures Before Foreign Courts
Authors: Domke Martin
Published: April 2006

In the wake of nationalist movements directed against the determination of The Netherlands not to give up their rights to West New Guinea, the Indonesian central government in 1958 nationalized Dutch properties, among them tobacco plantations.
State Contracts and State Responsibility
Authors: Mann F. A.
Published: April 2006

In an age in which trading activities of the state are increasing everywhere, in which the economic progress of underdeveloped countries has become the object of international and national concern, but in which, on the other hand, the rights and legitimate expectations of alien investors have in many countries suffered more frivolous and alarming setbacks than at any other time—in such an age the problem of the state’s international responsibility for losses arising out of contractual relations between states (or other international persons) and aliens is clearly of great actuality.
Research on the General Principles of Law Recognized by Civilized Nations
Authors: Schlesinger Rudolf B.
Published: April 2006

Among students of international law it is no secret that the concrete determination and formulation of the general principles of law recognized by civilized nations is a task hardly begun. This paper is intended to show that the task is important, perhaps more important than any other to which the collective wisdom and experience of scholars trained in comparative law can be devoted, and that the colossal magnitude of the task should not discourage us from making a beginning. It further aims to call attention to a specific project now under way which is designed to constitute a systematic beginning, or at least to determine the feasibility of the attempt.
Perspectives for a Law of Outer Space
Authors: McDougal Myres S. , Lipson Leon
Published: April 2006

The conquest of space has barely begun. Yet the law of space, instead of lagging behind the astronauts as some lawyers fear, is threatening to outfly the attraction of the earth’s gravity. Before legal speculation reaches escape velocity, we should perhaps remind ourselves of the specific problems that may confront us soon, the earthly origin of much of our law, and the earthly ways in which for some time we shall have to continue to think about law in outer space.
Some Impacts of Social Organization on International Law
Authors: Friedmann W.
Published: April 2006

Since the end of the first World War, the predominant concern of international lawyers, as of statesmen and politicians, has been the horizontal widening of universal international law in a limited but vital sphere: the establishment and strengthening of inter-state covenants and international organizations which would eliminate, or at least greatly reduce, the danger of increasingly destructive wars among the nations, by substituting for the traditional privileges of national sovereignty, i.e., war, reprisals and other acts of force applied at the discretion of the national states, covenants of restraint and methods of peaceful settlement.
Soviet Attitude Towards the Acquisition of Territorial Sovereignty in the Antarctic
Authors: Toma Peter A.
Published: April 2006

The Antarctic Continent, with its wind- and snow-swept islands, appears at first sight an uninviting prize for international competition. Yet in the past fifty years, and notably after the second World War, claims and counterclaims to sovereignty over these bleak lands have been numerous. In a chronological order Soviet Bussia is considered to be the most recent among the rivals.
The Geneva Conference on the Law of the Sea: What was Accomplished
Authors: Dean Arthur H.
Published: April 2006

The General Assembly of the United Nations, by its Eesolution 1105 (XI) adopted on February 21, 1957, called for a conference of its members to “examine the law of the sea, taking account not only of the legal but also of the technical, biological, economic and political aspects of the program, and to embody the results of its work in one or more international conventions or such other instruments as it may deem appropriate.”
Legal Aspects of the Beirut Landing
Authors: Potter Pitman B.
Published: April 2006

If Americans pause to consider and discuss the legal aspects of the action of the United States in landing Marines at Beirut on July 15, 1958, it is primarily for their own information and intelligence and that of their friends in other countries, and possibly that of people in so-called neutralist countries who may still be open to understanding in this matter.
The Soviet Union and the Problem of Refugees and Displaced Persons 1917–1956
Authors: Ginsburgs George
Published: April 2006

The Soviet Union, since its inception in 1917, has been the world’s largest source of refugees and displaced persons. This in itself would be sufficient motive to examine the Soviet attitude towards this category of individuals, but apart from mere quantity, the question is of interest, too, for other reasons: Russian refugees were the cause and the first subjects of international legal attempts to solve the problem; Soviet policies toward them have been unusual at all times, resulting in some bold innovations in international law; and most refugees and displaced persons at present come from behind the Iron Curtain, thereby involving the Soviet Union and its satellites, whose policies are influenced by and modeled on the Soviet experience.
Legal Terminology for the Upper Regions of the Atmosphere and for the Space Beyond the Atmosphere
Authors: Hogan John C.
Published: April 2006

There are no established definitions in law for describing the upper regions of the atmosphere or the space beyond the atmosphere. The legal dictionaries and the law encyclopedias do not even refer to the stratosphere or the areas above.
Pacta Sunt Servanda
Authors: Wehberg Hans
Published: April 2006

Few rules for the ordering of Society have such a deep moral and religious influence as the principle of the sanctity of contracts: Pacta sunt servanda. In ancient times, this principle was developed in the Bast by the Chaldeans, the Egyptians and the Chinese in a noteworthy way. According to the view of these peoples, the national gods of each party took part in the formation of the contract. The gods were, so to speak, the guarantors of the contract and they threatened to intervene against the party guilty of a breach of contract. So it came to be that the making of a contract was bound up in solemn religious formulas and that a cult of contracts actually developed.
The Israeli-Soviet Oil Arbitration
Authors: Domke Martin
Published: April 2006

The Israeli-Soviet oil arbitration in Moscow has evoked world-wide criticism for not being up to the standards of a fair and impartial proceeding. Not only do the results of the award, dated July 3, 1958, appear to be unsatisfactory, but the award also does not sufficiently deal with the legal questions submitted to the tribunal. The latter thereby missed the opportunity of contributing to the development of an important legal aspect of international transactions, namely, the application of the force majeure clause. This note will be primarily concerned with that point, as well as with some international law aspects arising out of the arbitration.
Legal Basis for United Nations Armed Forces
Authors: Halderman John W.
Published: April 2006

The question of the legal basis for United Nations armed forces is one of immense practical significance for the future effectiveness of the organization in keeping the peace.
The Employment of Prisoners of War
Authors: Levie Howard S.
Published: April 2006

From the days when the Romans first came to appreciate the economic value of prisoners of war as a source of labor, and began to use them as slaves instead of killing them on the field of battle.
Defensive Quarantine and the Law
Authors: Meeker Leonaed C.
Published: April 2006

Law in the twentieth century, no more than modern science, can be expected to stand still, especially in the developing area of international relations.
Limitations Upon the Judicial Function
Authors: Gross Leo
Published: April 2006

The case of the Cameroons v. The United Kingdom concerning the Northern Cameroons, described, in a typical understatement, as “almost unique in the annals of international litigation,” has been terminated by a judgment of the International Court of Justice which appears as well to be “almost unique.” In fact, neither the Court nor any of the separate opinions referred to any precedent.
Legal Aspects of the French Nuclear Tests
Authors: D’Amato Anthony A.
Published: April 2006

The question of the legality of France’s nuclear test series, commenced on July 2, 1966, in French Polynesia, will probably stop short of any definitive third-party determination and be subjected only to general community appraisal. Yet even at the level of scholarly or diplomatic argumentation it is important to inquire into the competing interests and legal factors involved in the atmospheric tests. This is true not only because differing political expectations or even measures might depend on the consensus as to the legality or illegality of the French tests, but also because the precedential value of the tests will be of greater or less force depending upon whether there is agreement at the time of the tests that France was or was not acting within her international legal rights.
The Protection of Human Rights by the Organization of American States
Authors: Cabranes José A.
Published: April 2006

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.
The India-China Border Dispute: An Indian Perspective
Authors: Sharma Surya P.
Published: April 2006

International law recognizes that boundaries are fundamental to the bases of national power and therefore projects various prescriptions for their protection as the demarcation lines of territorial integrity and exclusive control. By far the most important principle is that prohibiting the use of coercion in reshaping boundaries. This principle assumes, however, the effective application of other principles or norms for establishing and identifying boundaries. Fundamental general community policies require that states do not employ coercion in the settlement of boundary disputes, but rather make positive efforts to honor reasonable demands and expectations of other states concerning their political independence and territorial sovereignty. Effective implementation of these policies can be achieved only when states refrain from unilateral imposition of territorial claims upon other states and assert their freedom of decision in a way not to interfere with a comparable freedom of others.
The Boundary Dispute between Ecuador and Peru
Authors: Maier Georg
Published: April 2006

There is a saying that when a dispute lasts for a long time, it must be about something small; for if it were not, it would be in the interest of the parties to settle it. This, however, is not the case in the boundary dispute between Ecuador and Peru. The dispute is not only one of the major international issues of Latin America, but it is also dangerous, because its long history has clothed it with considerations of national prestige and honor and because it involves a very considerable extent of territory with which neither country is willing to part. Up to the present day, the two countries have attempted to settle their differences through negotiations, treaties, arbitrations and wars—only to revive them again and again. Even the 1942 Protocol of Eio de Janeiro, which seemed finally to have settled the dispute, was declared null and void by Ecuador in 1960.
Procedures for Establishing the Invalidity or Termination of Treaties under the International Law Commission’s 1966 Draft Articles on the Law of Treaties
Authors: Briggs Herbert W.
Published: April 2006

The 1966 Draft Articles on the Law of Treaties, drafted over a period of five years of intensive work by an official organ of the international community—the International Law Commission of the United Nations—is more comprehensive and more reflective of community consensus than any previous draft prepared by international lawyers on the law of treaties. In contrast with the excellent Draft Convention on the Law of Treaties completed by the Harvard Eesearch in International Law in 1935, preparation of the Commission’s draft had the advantage of participation by members representative of all continents and of the views of states which were not in existence in 1935.
Reprisals Involving Recourse to Armed Force
Authors: Bowett Derek
Published: April 2006

Few propositions about international law have enjoyed more support
than the proposition that, under the Charter of the United Nations, the use of force by way of reprisals is illegal. Although, indeed, the words “reprisals” and “retaliation ” are not to be found in the Charter, this proposition was generally regarded by writers2 and by the Security Council as the logical and necessary consequence of the prohibition of force in Article 2(4), the injunction to settle disputes peacefully in Article 2(3) and the limiting of permissible force by states to self-defense. The U.N. Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States, adopted by General Assembly Resolution 2625 (XXV) on October 24, 1970, contains the following categorical statement: “States have a duty to refrain from acts of reprisal involving the use of force.”
The Treaty of Tlatelolco and the United States: A Latin American Nuclear Free Zone
Authors: Robinson Davis R.
Published: April 2006

On Sunday evening of March 31, 1968, millions of Americans watched President Lyndon Johnson announce a major bombing halt in the hostilities in Viet-Nam and his intention not to seek re-election as President. At the same time a reception was being held in the United States Ambassador’s official residence in Mexico City in honor of Vice President Hubert Humphrey, who took leave from the many guests to listen to the President’s address.
International Narcotics Control
Authors: Waddell Ian G.
Published: April 2006

The use of opium originally prevailed only among vagrants and disreputable persons, who occasionally associated together for the purpose of partaking of this substance, but since it has extended itself among the members and descendants of reputable families, students, and officers of government, many of whom are so infatuated in their attachment to the drug as to make habitual use of it.

Report from the Foyen (Deputy-Governor of Canton) to the Hoppo (Receiver-General of Customs). 1799.
The Legal Significance of Re-Citation of General Assembly Resolutions
Authors: Bleicher Samuel A.
Published: April 2006

In recent years, scholarly attention has increasingly focused on the lawmaking effect of General Assembly resolutions. The citation of previous resolutions in later resolutions of the General Assembly is one potentially significant aspect of this question, yet there has been no examination of it in legal literature. Anyone familiar with the Assembly’s work knows that the phenomenon is pervasive. 1,149 resolutions, just over half of the 2,247 passed in the first twenty-one sessions of the General Assembly, refer to previous resolutions, and the cited resolutions have been invoked an average of 2.68 times. More important from a legal standpoint is the fact that a very few resolutions have been cited much more often than the average. Resolution 1514 (XV) was cited in 95 subsequent resolutions in the first six sessions following its passage, and Resolution 217(111) was cited 75 times in its first nineteen years. Seven resolutions have been referred to on more than sixteen occasions since their approval by the General Assembly, and seven have been cited more than twice in each session since passage. A consideration of the legal relevance of this phenomenon seems worth pursuing, and any such inquiry must begin first of all with an over-all theoretical analysis of General Assembly resolutions as a source of international law.
The Legal Effect of Non-Compliance with Rules of Procedure in the U.N. General Assembly and Security Council
Authors: Conforti Benedetto
Published: April 2006

Neither legal authors nor United Nations practice question the conclusion that resolutions of the General Assembly and the Security Council must conform to the U.N. Charter. Faced with a challenge to the legality of a resolution, the majority has never maintained that the acts of U.N. organs have to be complied with when they are inconsistent with the Charter. In such cases the majority has always preferred to deny that a violation of the Charter occurred, often resorting to a liberal, sometimes excessively liberal, interpretation of the provisions of the Charter.
The International Court of Justice and the Human Rights Clauses of the Charter
Authors: Schwelb Egon
Published: April 2006

The Advisory Opinion on the Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa), notwithstanding Security Council Resolution 276 (1970), contains a veritable tour d’horizon of contemporary international law and of the law of international organizations. It ranges over provisions of the Covenant of the League of Nations and over many articles of the Charter of the United Nations.
Poland's Western Frontier and the 1970 Treaties
Authors: Skubiszewski Krzysztof
Published: April 2006

The present article examines the provisions on the western frontier of Poland in the treaties concluded by the Federal Republic of Germany in 1970 with the Soviet Union and Poland. The emphasis will be on the Polish-German Treaty, which is essentially concerned with the settlement of the frontier issue between the two parties. The article deals with the position of the German party and its competence to enter into treaty obligations that bear on the frontiers of Germany, as well as with the competence of the Great Powers to do so. Further, the article elucidates the meaning and effects of the resolution which the German Bundestag adopted when it voted the laws which approved the treaties and enabled the President of the Federal Republic to ratify them. Against this background of the competences of the interested states, the article briefly analyzes the contents of the clauses that bear on the Oder-Neisse frontier.
The International Court of Justice: Consideration of Requirements for Enhancing its Rôle in the International Legal Order
Authors: Gross Leo
Published: April 2006

It is commonplace to say that the Court has not lived up to the expectations expressed at its creation, although it could also be said that the governments in and out of the United Nations have not lived up to those expectations. In presenting the Statute of the Court to the Fourth Commission at the United Nations Conference on International Organization, the Rapporteur of its First Committee said that the Committee “ventures to foresee a significant role for the new Court in the international relations of the future.” He went on to say: “The judicial process will have a central place in the plans of the United Nations for the settlement of international disputes by peaceful means.”
Vae Victis or Woe to the Negotiators! Your Treaty or Our “Interpretation” of it?
Authors: Fitzmaurice Gerald
Published: April 2006

Bliss was it in that dawn to be alive; But to be young was very heaven!

Wordsworth, The Prelude, Book 11.

Where Alph, the sacred river ran Through caverns measureless to man Down to a sunless sea.

Coleridge, Kubla Khan.

The length of time which has unfortunately (owing entirely to the procrastinations and backslidings of this reviewer) elapsed since the date when this (by any standards) most original and arresting work was first published in April, 1967, makes it scarcely necessary to supply that systematic description of its contents which, up to a point, any well-ordered review ought to seek to do,—for by this time all those who are interested in its subject matter will have read or at least looked through it. We shall therefore concentrate on those salient aspects of it which, even after the familiarity of three years has softened their outlines, still seem to stand out with special prominence.
Marine Pollution Problems and Remedies
Authors: Schachter Oscar , Serwer Daniel
Published: April 2006

Marine pollution is a global problem in several senses. It affects the health of the oceans in all parts of the world; it affects all countries, both developed and developing; and all countries contribute to some aspects of the problem. Some marine pollution problems are local, but many have international implications. Particularly if the effects of pollution on the living resources of the sea are considered, very few marine pollution problems can be considered matters of exclusively local interest.
The Declaration of Principles of International Law Concerning Friendly Relations: A Survey
Authors: Rosenstock Robert
Published: April 2006

In 1963 the United Nations General Assembly established the Special Committee on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations1 and instructed it to consider the following principles
The Grounds of Invalidity and Termination of Treaties
Authors: Nahlik S. E.
Published: April 2006

Many interesting articles have already been published on the preparatory work for the United Nations Conference on the Law of Treaties, on the Conference itself, and, of course, on the Convention signed at Vienna on May 23, 1969. The American Journal of International Law has printed a number of them, among the most important being the excellent study by Ambassador Richard D. Kearney and Mr. Robert E. Dalton. The authors rightly referred to the Vienna Convention as the “Treaty on Treaties,” its object being to codify all, or nearly all, legal problems that may arise in connection with treaties, and the very definition of a “treaty,” as introduced by the convention, being much broader in scope than the traditional meaning of this term.
The Transborder Transfer of Information by Communications and Computer Systems: Issues and Approaches to Guiding Principles
Authors: Gotlieb Allan , Dalfen Charles , Katz Kenneth
Published: April 2006

There has been, in recent years, a growing concern about the international legal implications of the computer storage of data outside the country where the information originated. The purpose of this article is to show that there are grounds for this concern but that these grounds cannot be fully understood, nor the problems properly assessed, without
looking into the issues raised by computer data storage in the broader context of the transborder flow of information by electronic means.
The Recruitment and use of Mercenaries in Armed Conflicts
Authors: Burmester H. C.
Published: April 2006

Recent events in Angola and Rhodesia have drawn public attention to the problems which arise from the use of mercenaries in armed conflicts and civil wars. Renewed interest in the subject has also been shown by international bodies and conferences, including the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, which recently adopted a treaty article on the status of mercenaries. This article examines the international legal rules applicable to states in relation to the recruitment and organizing of mercenary forces, the appropriate domestic legislation to give effect to such rules, and the status to be accorded mercenaries for the purposes of the laws of war.
Cease-Fires, Truces, and Armistices In the Practice of the UN Security Council
Authors: Bailey Sydney D.
Published: April 2006

There is no question that there has been confusion about the precise meaning of the terms cease-fire, truce, and armistice. The oldest term is truce, which in the Middle Ages usually had a religious connotation as in the phrase “Truce of God.” Hugo Grotius used truce to mean an agreement by which warlike acts are for a time abstained from, though the state of war continues—“a period of rest in war, not a peace.” If hostilities were resumed after a truce, according to Grotius, there would be no need for a new declaration of war, since the state of war was “not dead, but sleeping.” Truces might be concluded by generals in command of forces or by officers of lower rank. In the absence of agreement to the contrary, it was lawful to rebuild walls or to recruit soldiers during a truce, but actual acts of war were forbidden, whether against persons or property: that is to say, “whatever is done by force against the enemy.” Also forbidden were the bribery of enemy garrisons and the seizure of places held by the enemy. If a truce was violated, the injured party was free to resume hostilities “even without declaring war.” Private acts did not constitute a violation, however, unless there was public command or approval.
Citizen Access to Judicial Review of Administrative Action in a Transnational and Federal Context
Authors: Stein Eric , Vining G. Joseph
Published: April 2006

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights.1
The International Legal Effects of Unilateral Declarations
Authors: Rubin Alfred P.
Published: April 2006

The International Court of Justice is the principal judicial organ of the United Nations and its judgments are usually considered highly persuasive as to propositions of international law. Thus, when the ICJ formulates a rule of international law giving binding force to a unilateral declaration of a state’s future intentions, statesmen may be expected to refer to that formulation for guidance whenever they consider the possibility of issuing a declaration of future policy. Moreover, the ability of the ICJ to support its formulation of a rule of international law in terms of the international legal order and legal logic affects the perceptions of statesmen as to the probity of the Court, as well as the willingness of states to refer real cases to it. The Judgment of the ICJ in the Nuclear Tests cases raised both these issues in a particularly pointed way.
Foreign Policy and Fidelity to Law: The Anatomy of a Treaty Violation
Authors: Moore John Morton
Published: April 2006

On April 13 President Ford signed a bill unilaterally to extend the fisheries jurisdiction of the United States from the present 12-mile limit to 200 miles onto the high seas (and even thousands of miles at sea with regard to salmon) effective March 1, 1977. Barring a sudden breakthrough in the law of the sea negotiations, as of March 1, 1977 the Coast Guard may begin arresting vessels on the high seas pursuant to this act in violation of the treaty obligations of the United States. This action again exposes the inadequacy of the present foreign policy process for taking an international legal perspective into account. It may also prove the greatest mistake in the history of U.S. oceans policy.
Who Guards the Guardians: Third Parties and the Law of Armed Conflict
Authors: Forsythe David P.
Published: April 2006

The Geneva Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law in Armed Conflicts continues its attempts to supplement the 1949 Geneva Conventions, and in so doing to make the bulk of jus in bello consonant with factual reality. The first session of the Conference in 1974 provisionally adopted one highly important article out of 137 presented to the Conference by the International Committee of the Red Cross (ICRC). The second session in 1975 provisionally adopted 77 articles pertaining to such important subjects as the definition of a noninternational armed conflict, the protection of civilians and civilian goods, medical transport, environmental protection, and protection of journalists.
The Charter of Economic Rights and Duties of States and the Deprivation of Foreign-Owned Wealth
Authors: Weston Burns H.
Published: April 2006

In a parable drawn fromThe Trial, Franz Kafka once etched the following chilling profile:

Before the Law stands a doorkeeper on guard. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment. The man, on reflection, asks if he will be allowed, then, to enter later. “It is possible,” answers the doorkeeper, “but not at this moment.” Since the door leading into the Law stands open as usual and the doorkeeper steps to one side, the man bends down to peer through the entrance. When the doorkeeper sees that, he laughs and says: “If you are so strongly tempted, try to get in without my permission. But note that I am powerful. And I am only the lowest doorkeeper. From hall to hall keepers stand at every door, one more powerful than the other. Even the third of these has an aspect that even I cannot bear to look at.” These are difficulties which the man from the country had not expected to meet; the Law, he thinks, should be accessible to every man at all times….