bluuebunny/crossref_metadata_2025 huggingface dataset:
George Colman's Adaptation of Garrick's Promptbook for Florizel and Perdita
Authors: Pedicord Harry William
Published: July 2009

Shakespeare's romantic comedy The Winter's Tale was not popular during the first half of the eighteenth century. Audiences of that period affected to prefer plays that observed the Unities, and this play of Shakespeare's with its sixteen-year gap between the third and fourth acts appeared fatally flawed. Goodman's Fields Theatre revived it on 15 January 1741 and played it eight additional nights in 1740–41. The following season it was produced at Covent Garden on 11 November 1741 and played for a mere four performances. But by 1742 The Winter's Tale had been dropped from the repertoires of all London theatres.
Alfred Radok's Contribution to Post-War Czech Theatre
Authors: Burian Jarka M.
Published: July 2009

Alfred Radok, who died of a heart attack in 1976 in Vienna at the age of 61, was perhaps the outstanding Czech theatre artist of the post-war era. An assistant to E. F. Burian in the late 1930s, Radok in his subsequent work reflected not only that major artist's influence but also that of K. H. Hilar, the earlier towering directorial presence of Czech theatre. All three possessed an innate, intuitive sense of theatre as an autonomous art; all three were noted for their reworking of scripts for maximum theatrical impact; all three rejected the theatre of realistic illusion and were responsible for major innovations in total staging, in which all elements of production are exploited to serve the director's vision rather than to maintain fidelity to the surfaces of life.
Shakespeare and the Battlefield: Tradition and Innovation in Battle Scenes
Authors: MacIntyre Jean
Published: July 2009

Representation of battle on the stages of the late Sixteenth Century is described in three oft-quoted statements:

…two Armies flie in, represented by foure swords & bucklers, and then what hard hart will not take it for a pitched field.

…with three rusty swords, And help of some few foot and half-foot words, Fight over York and Lancaster's long jars, And in the tiring house bring wounds to scars.

…we shall much disgrace With four or five most vile and ragged foils (Right ill dispos'd in brawl ridiculous) The name of Agincourt.
The Sense of Nonsense in Fielding's Author's Farce
Authors: Ahern Susan K.
Published: July 2009

Henry Fielding's Author's Farce, performed forty-one times in the spring and summer of 1730, was the hit of London's theatrical season. In this, his third play, Fielding turned away from the stylized realism of his Love in Several Masques (1728) and The Temple Beau (1730). In the earlier plays, and indeed throughout his career, he perceived and judged social behavior by comparing people who play roles in daily life to actors who assume roles on stage; in particular, he scrutinized the theatrical rituals and fashionable deceit of courting couples. By adopting the techniques of burlesque in The Author's Farce, he exposes simultaneously the false roles of courtship in daily life and the way that the theatre itself portrays such love-making. Understanding the technique by which Fielding criticizes courtship clearly reveals his larger purpose — to criticize the deceptive behavior and mercenary values, implicit in the stage's conventions, which the theatre fosters and endorses in real life.
The Chester Plays: Frequency of Performance
Authors: Clopper Lawrence M.
Published: July 2009

The study of medieval drama is relatively new but rapidly developing area of humanistic concern. Unfortunately, however, students of the medieval drama lack accurate modern texts of the plays, all of which are now being re-edited, and complete and accurate transcriptions of the historical documents which are so important to our understanding of the history, development, and production techniques of the medieval cycle plays. Of particular importance to the history of the plays are the dramatic documents of Chester, not only because they are more numerous than those of most other cities, but also because they include the earliest and fullest descriptions of the performance of the plays. Many of these documents remain unpublished and some of the published ones contain inaccuracies; for example, of the twelve extant disbursement accounts for performances of the plays, only seven have been published and of these seven, only three are accurate. Because complete transcriptions of contemporary documents referring to the plays have been unavailable, much of the critical commentary has been speculative. While making available the extant documents, a task I am currently engaged in, will not solve all the problems of the plays, it will narrow the limits of our speculations about them and give us a firmer basis of fact upon which to work. The discussion which follows is restricted to that of the frequency of performance of the Chester plays; it is designed to report facts and correct errors about the years in which the plays were performed and to speculate about the frequency of performances for years in which the facts are few or non-existent. In addition, the paper presents a preliminary report on the Chester dramatic documents and a discussion of the kind of evidence to be found in municipal records.
Samuel Foote'sPrimitive Puppet-Shew
Authors: Bogorad Samuel N. , Noyes Robert Gale
Published: July 2009

Few names appear with greater frequency than Samuel Foote's in the accounts and annals of the later eighteenth-century English stage. Biographical sketches of various degrees of reliability, and collections of jokes, witticisms, andbon motsattributed to Foote began to appear in the year of his death; and there has been intermittent interest in the man and his works even to the present time. The only full-length attempts at biography in the twentieth century have been Percy Fitzgerald'sSamuel Foote: A Biography(1910) and Simon Trefman'sSam. Foote, Comedian, 1720–1777(1971), neither of which can be regarded as a definitive life.
An Inventory of Gas Lighting Equipment in the Theatre Royal, Hull, 1877
Authors: Brokaw John W.
Published: July 2009

In 1917, the editor of Edison's Monthly looked disdainfully back on the era of gas in the theatre: “Stage lights,” he said, “took up almost as much room as the scenery itself. Long yards of rubber pipe trailed across the stage and wings. Only the footlights were permanent and only the crudest stage effects were possible.” He might have mentioned the unbearable heat they generated and their malodorous fumes. This house organ for the electrical industry had, of course, a vested interest in deprecating gas and extoling the virtues of electricity. But there were also enthusiasts for gas; in 1923, for example, Louis Hartmann reported that one of the best of the old gas men—William Hall—had told him:

I have always claimed that the electric switchboard and dimmer equipment is only the evolution of the old gas table or switchboard, not a new creation. With the gas table of the other days we accomplished the same results you obtain today—in a crude way, we will admit, but with wonderful results. I will state without fear of contradiction that the combination of old gas lighting equipment and the calcium [i.e., lime] light apparatus, we have given productions that even in this era of advancement have never been equalled, that is so far as stage spectacular effect is concerned.
Satire and Travesty in Fielding'sThe Grub-Street Opera
Authors: Moss Harold Gene
Published: July 2009

When Henry Fielding enlarged his one-act afterpiece,The Welsh Opera(1731), he named the new versionThe Grub-Street Operato point to the extensive travesty it contains. The title also makes a target of hack-writers of the day and implies a connection withThe Grub-Street Journal, whose authors maintained a policy of non-partisan satire on hack-writing. The amount of imitation it contains makes it resemble the literary travesty ofThe Author's Farce(1730) andTom Thumb(1730), likewise written by Scriblerus Secundus, Fielding's pseudonym which alluded to the “Scriblerus” of his illustrious contemporaries, most obviously to Pope in theDunciadnotes and “Peri Bathous” (1728).The Grub-Street Operahas remained a puzzle to scholars of Fielding's plays, perhaps because its relationship to contemporary drama, politics, and journalism has been neglected.
A Twentieth-Century Response to The Critic
Authors: Jason Philip K.
Published: July 2009

No doubt conditioned by the pointed use of the rehearsal format in Pirandello's Six Characters in Search of an Author as a vehicle for that playwright's theme of philosophical relativism, I have often conjectured that similar thematic concerns are implicit in almost any play using such a device. Once the artifices of the theatre are laid bare, and the discrepancies between life as it is represented on the stage and life as we know it are brought into focus, the relative truths and realities of each may be measured and evaluated. Although I would not wish to argue that philosophical relativism is a major or even an intentional concern of Sheridan's The Critic, I am convinced that it is an inescapable ingredient, at least for a modern audience.
The Modesty of Nature: Charles Fechter's Hamlet
Authors: Mills John A.
Published: July 2009

W. B. Donne, writing to Mrs. Fanny Kemble in America, called it “the most remarkable event in current history, setting aside Garibaldi and The Civil War on your side of the water.…” Speaking of the same event, Charles Dickens was later to declare: “Perhaps no innovation in Art was ever accepted with so much favor by so many intellectual persons precommitted to, and preoccupied by, another system.…”
William Bloch and Naturalism in the Scandinavian Theatre
Authors: Marker Lise-Lone , Marker Frederick J.
Published: July 2009

Stage naturalism made its first appearance in Denmark—and, for that matter, in Scandinavia as a whole—unaccompanied by the fanfare or enthusiastic manifestoes which heralded its arrival in many other countries. The breakthrough of this new style of theatrical production did not coincide with the founding of small, independent art theatres like André Antoine's Théâtre Libre (1887), Otto Brahm's Freie Bühne (1889), J. T. Grein's Independent Theatre (1891), or, somewhat later, Stanislavski's Moscow Art Theatre (1898). Nor was it acclaimed from the outset as a pioneering realization of a novel aesthetic program. On the contrary, the methods and techniques of the new naturalism were introduced, and proceeded to take root inconspicuously, when the Danish Royal Theatre in Copenhagen engaged the 36-year-old playwright William Bloch as a stage director in 1881, having been impressed with an “unusual eye for scenic requirements” in his plays. Two years later, Bloch's epoch-making production of Ibsen's An Enemy of the People firmly implanted the new ideas.
The Seating of Andrea's Ghost and Revenge in The Spanish Tragedy
Authors: Viswanathan S.
Published: July 2009

Arthur Freeman's rediscovery and publication of an Elizabethan dramatic manuscript, which he calls “The Argument of Meleager” would seem to make an important and as-yet-unnoticed difference to a continuing discussion regarding The Spanish Tragedy: did Andrea's Ghost and the Spirit of Revenge originally sit on opposite sides or corners of the platform stage, or “aloft” in a gallery? A detail in the Meleager MS may settle the question, for its evidence suggests that the two Inductor-Presenter-Chorus characters sat in the gallery. Additional light on the controversy is shed by Frances A. Yates's theories about the physical conditions of the public stage.
Some persistent controversies regarding customary international law
Authors: Wolfke K.
Published: July 2009

Without too much exaggeration one may still assert that in customary international law nearly everything remains controversial. Even its existence as a separate branch of international law, to say nothing of its topicality, is sometimes questioned.
Diplomatic law and unilateral remedies
Authors: Barnhoorn L.A.N.M.
Published: July 2009

Diplomatic law is one of the oldest areas of international law. Long before States could be said to be the subjects of international law, primitive societies felt the need to maintain relations with one another through an envoy. In due course this resulted in the principle of inviolability of the envoy. When permanent diplomatic missions were established in the 15th century, this principle of inviolability was extended to include the residence and household of the envoy. The evolution of diplomatic law since then has closely mirrored the development of international law in general. A striking example is the creation of permanent missions to international organisations since the First World War. The signing of the Vienna Convention on Diplomatic Relations in 1961 and several other conventions in subsequent years marked the climax of this development.
The law of GATT as a special field of international law: Ignorance, further refinement or self-contained system of international law?
Authors: Kuyper P. J.
Published: July 2009

This article has the limited ambition of analyzing some special features of the law of the General Agreement on Tariffs and Trade (GATT) and its successor organization, the World Trade Organization (WTO), in the framework of general international law. The GATT, as is the case with all those international organizations which have their own substantive law and are not merely vehicles for international negotiation and co-ordination, inevitably is a special branch of international law. As with all such branches it develops rules which deviate from general international law and which further refine and adapt the rules and principles of international law. In respect of GATT, as in some other exceptional cases (EC), there is even reason to ask the question whether it has or has not become a self-contained regime in international law. That is to say that the system's countermeasures are not the normal countermeasures of international law, such as reprisals and the exceptio non-adimpleti contractus in treaty law, but are entirely separate from those normal countermeasures and are regulated so as to limit the freedom of States to have recourse to them. Although Riphagen has described the GATT not so much as a self-contained system, but as a number of ‘conventional derogations’ from general rules of international law, there is reason to look again at this assessment given the evolution that has taken place in the GATT system since then.
Rules of change in international law: how special is the European Community?
Authors: de Witte B.
Published: July 2009

There is widespread agreement about the fact that the European Community is a highly complex legal system situated outside the mainstream of public international law. Nobody would deny that Community law forms an ‘autonomous legal order’ in the sense proposed by Sørensen, but then, that characteristic is shared by many other international organisations. Yet, many authors, among which are the majority of specialists in EC law, go far beyond this and argue that EC law is situated outside the ‘system of international law’ altogether. Although seemingly anchored in international law (as it was created by an international treaty) the European Community has been drifting into uncharted waters. It is often considered to be a ‘sui generis’ organisation, no longer part of international law though not yet a (federal) State on its own. The European Court of Justice, for its part, has never stated in so many words that EC law is entirely outside the scope of public international law, but some of its dicta seem to point in that direction.
The ‘law’ and ‘transnational terrorism’
Authors: Gilbert G.
Published: July 2009

One of the fears mentioned most often in regard to the ending of border controls within the European Union is that it will make it easier for transnational terrorists to perpetrate their cross-frontier crimes. And this despite the fact that there are within the Treaty of European Union (hereinafter TEU) mechanisms designed to meet the problem. The defenders of open borders would point to the Third Pillar of the TEU as showing how the Member States have agreed in international conclave to fight transnational terrorism. However, this reference to an international agreement ignores the fact that the attitude of States towards transnational terrorism, even States within Europe, has hardly been rigorous in the past. This article looks at the effectiveness of international measures taken to combat transnational terrorism and the reasons that lie behind the limitations found within those laws. While the relaxation of border controls may be ‘the spark that lit the fire,’ the effectiveness of international anti-terrorist agreements in general is of such fundamental relevance that some consideration is due this wider question in order to determine possible future strategies towards transnational terrorism, whether within the European Union or beyond. It is these more fundamental issues that are the focus of this article.
The weighing of evidence in a dual national case at the Iran-United States Claims Tribunal: A case comment (Nazari and the Government of the Islamic Republic of Iran [Iran-United States Claims Tribunal, Award No. 559-221-1, 24 August 1994])
Authors: Mathias D.S.
Published: July 2009

Cases brought against the Islamic Republic of Iran by dual nationals of Iran and the United States constitute the principal work of the Iran-United States Claims Tribunal in the mid-1990s. While the first decade of the Tribunal's work was devoted primarily to the arbitration of claims of US corporations against Iran and Iranian entities, most of the corporate claims had been decided or settled by the end of 1992. At that time, the second phase of the Tribunal's work, dominated by its consideration of claims of dual nationals, began.
Protection of cultural property in time of armed conflict
Authors: Seršić Maja
Published: July 2009

The extent of destruction and appropriation of cultural property in recent armed conflicts, especially those in Croatia and Bosnia and Herzegovina, questions the adequacy of international rules aimed at the protection of cultural property in armed conflicts. This article seeks to examine that problem by analysing the basic international rules devoted to the protection of cultural property in the event of armed conflict.
The judgments of the International Court of Justice in the jurisdiction and admissibility phase of Qatar v. Bahrain: an example of the continuing need for ‘fact-scepticism’
Authors: McHugo John
Published: July 2009

The two consecutive Judgments by the International Court of Justice of 1 July 1994 (‘the July Judgment’) and 15 February 1995 (‘the February Judgment’) in the jurisdiction and admissibility phase of Qatar v. Bahrain have already attracted attention from writers. The Judgments have provided a focus of interest for the law of treaties, and attention has also been concentrated on three legal questions to which the judgments were of particular relevance: the question of whether sovereign consent is necessary to the manner of seisin employed as well as to jurisdiction itself, the emergence of the concept of a partial decision, and the extension of the use of framework agreements to found the jurisdiction of the court. But this Article considers a different question, a key finding of fact in the February Judgment which was crucial to the decision of the Court that it had jurisdiction. This finding was that the linguistic meaning of wording at the heart of one of the Arabic texts on which Qatar relied in order to give the Court jurisdiction entitled either party to submit the case to the Court unilaterally.
Decisions of international organizations: the case of the European Union
Authors: Blokker Niels
Published: July 2009

It is a truism that there is no legislator at the global level identical to the legislator at the national level. The principle of state sovereignty is difficult to reconcile with the idea of a world legislator. This was true in previous centuries. It is still true at the beginning of the 21st century. The role of the state is predominant in the development of international law, whether it is through treaties, customary law or any other source of international law. International law is first and foremost made by states.
Systems analysis of international law: a methodological inquiry
Authors: Kiss A. Ch. , Shelton D.
Published: July 2009

A scholar studying international law, as it is presented in the texts of international treaties and restatements of customary norms, could describe an ideal world. The United Nations Charter and other international instruments suggest a harmonious existence in which there is no use or threat of the use of force between States, where disarmament is complete, where international aid to developing countries enables them to satisfy the basic needs of their inhabitants, where international co-operation leads to social and cultural progress and where human rights are respected. Disputes over the application of rules of international law are settled by international tribunals or other peaceful means, and violations of law are sanctioned by the implementation of rules of State responsibility.
Deployment of cruise missiles in Europe: The legal battles in the Netherlands, the Federal Republic of Germany and Belgium
Authors: Kuyper P.J. , Wellens K.C.
Published: July 2009

On 26 March 1986 the procedure of parliamentary approval of the so-called Cruise-missile Treaty between the Netherlands and the United States was concluded by a vote of approval by the First Chamber (Senate) of Parliament. Earlier, on 27 February 1986, the Second Chamber, after protracted debate, had given its approval. On 20 May 1986 the District Court of The Hague declared itself incompetent to hear a case brought by the ‘Stichting Verbiedt de Kruisraketten’ [Foundation for the Prohibition of Cruise Missiles, hereinafter FPCM] against the State of the Netherlands.
The Twilight of the Law of Belligerent Reprisals
Authors: Greenwood C.
Published: July 2009

Belligerent reprisals have long occupied a curious position in the law of armed conflict. They are one of the oldest means for the enforcement of that law, and, until recently, were widely regarded as indispensable. Yet the scope for abuse and the danger that reprisals, far from enforcing the law, can produce an escalating spiral of atrocities completely undermining respect for the law have also long been recognized. Thus, the Lieber Code of 1863 states that:

‘The law of war can no more wholly dispense with retaliation than can the law of nations, of which it is a branch. Yet civilised nations acknowledge retaliation as the sternest feature of war. A reckless enemy often leaves to his opponent no other means of securing himself against the repetition of barbarous outrage’.
Entitlement to Maritime Areas of Rocks Which Cannot Sustain Human Habitation or Economic Life of Their Own
Authors: Kwiatkowska Barbara , Soons Alfred H.A.
Published: July 2009

Article 121 of the 1982 United Nations Convention on the Law of the Sea (LOS Convention) retains the traditional definition of an island as: ‘a naturally formed area of land, surrounded by water, which is above water at high-tide’ (paragraph 1), and attributes to it the same maritime spaces as the mainland. These spaces are at present: the 12 mile territorial sea (TS), the 24 mile contiguous zone (CZ), the continental shelf (CS) and the 200 mile exclusive economic (or fishery) zone (EEZ) (paragraph 2). However, unlike the 1958 Geneva Convention on the Territorial Sea which gives the same legal status to all natural islands, paragraph 3 of Article 121 limits the legal entitlement of islands to maritime spaces by providing that:

‘Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf’.
Settlement of Interstate Trade Disputes—The Role of Law and Legal Procedures
Authors: Ostrihansky Rudolf
Published: July 2009

The end of the 1980s and the beginning of the 1990s have witnessed a considerable shift in managing trade relations on an interstate level. The first and most striking event is obviously the GATT Uruguay Round. The prolonged negotiations, culminating in the ‘Brussels breakdown’ in December 1990, have shown a large degree of disagreement among the trading powers as to the extent and content of substantive international trade rights and obligations.
State Immunity: Federal Republic of Germany
Authors: Seidl-Hohenveldern I.
Published: July 2009

International customary law on state immunity like all other international customary law is adopted into the domestic law of the Federal Republic of Germany in virtue of Article 25 of the Basic Law of the Federal Republic of Germany: “The general rules of international law shall form part of federal law. They shall take precedence over the laws and create rights and duties directly for the inhabitants of the federal territory”.
State Immunity: Austria
Authors: Seidl-Hohenveldern I.
Published: July 2009

Like all other international customary law, international customary law on state immunity is adopted into Austrian domestic law in virtue of Article 9 of the Austrian Federal Constitution, which reads: “The generally recognized rules of International Law are held to be component parts of the Federal Law”.
The Immunity of State Property from Foreign Jurisdiction and Execution: Doctrine and Practice of the German Democratic Republic
Authors: Enderlein Fritz
Published: July 2009

In papers dealing with sovereign immunity, states are quite often divided into those advocating the so-called absolute immunity, and those that plead for the so-called restrictive immunity. Here, the socialist states are usually classed among the supporters of the absolute theory.
Immunity from Attachment and Execution of the Property of Foreign States: Thai Practice
Authors: Sucharitkul Sompong
Published: July 2009

The situation in Thailand with regard to the subject under review is a matter of particular interest in many respects, and as such deserves close attention. To determine the extent to which a foreign state may claim that its property is immune from attachment or execution pursuant to a judicial order or ruling made by a court of law in Thailand, requires an examination of the relevant law and practice prevailing in that country on two basic questions, namely, sovereign immunity or exemption of foreign states from territorial jurisdiction and from execution in respect of their property, and the capacity of foreign states to sue and be sued before a Thai court.
Swiss Law and Practice in Relation to Measures of Execution against the Property of a Foreign State
Authors: Lalive Jean-Flavien
Published: July 2009

At the present time there is no rule of law governing the question of immunity from jurisdiction and from execution in Switzerland. When the Federal Law on actions for debts and bankruptcy was being amended in 1949, the legislator had declined to legislate on this point.
Measures of Execution against the Property of Foreign States: the Law and Practice in Italy
Authors: Condorelli Luigi , Sbolci Luigi
Published: July 2009

The Italian experience concerning the possibility of subjecting the property of foreign states to measures of execution, is of very considerable interest from a comparative point of view. Italy is, in fact, one of the few countries to have adopted, many years ago, legislative measures of a fairly detailed and original nature to regulate this issue (contained in the Executive Order of 30 August 1925 n. 1621 which was subsequently enacted (with various amendments) as the Law of 15 July 1926 n. 1263). This Law is of interest, on the one hand, because of the insights which it gives into the approach which Italy has chosen to adopt in the interpretation of the content of the rules of international law governing the immunity of foreign states from measures of execution (and jurisdiction); and, on the other hand, because it is designed in such a way as to free the Italian judiciary from the need to venture into the quicksands of the principles of international law governing this subject; its ultimate aim, in fact, is to transfer from the judiciary to the Government the responsibility of deciding whether measures of execution against the property of foreign states should be allowed or not.
The Legal Status of Aliens: Clauses in Council of Europe instruments relating to the rights of aliens
Authors: Swart A.H.J.
Published: July 2009

Since the Council of Europe was established in 1949, more than forty conventions and agreements between Member States have been concluded within its framework, relating entirely or in part, directly or indirectly, to aliens. Usually these conventions and agreements concern nationals of the contracting parties only. Sometimes, as is particularly the case with the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Five Protocols, all aliens within the jurisdiction of a Member State are covered, regardless of their nationality.
The Final Act of Helsinki – Basis for a Pan-European system?
Authors: van Dijk P.
Published: July 2009

The Final Act of Helsinki and the pattern of international relations based upon it lend themselves very well to some reflections on the conditions which make it possible, and preferable, to root new efforts towards multilateral co-operation in existing international organizations, or to create new international organizations for this purpose, or, again, to avoid or postpone the structure of an international organization. Indeed, the importance of the international organization as a regulatory instrument should be substantiated by defining not only its potentialities, but also its limitations.
Aspects of the Case concerning United States Diplomatic and Consular Staff in Tehran
Authors: Röling B.V.A.
Published: July 2009

The events which provide the backdrop to the “Case concerning United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)” are clear and undisputed. They involve the violent occupation of the American Embassy in Tehran, and of the consulates in Tabriz and Shiraz. The occupation of the Embassy on 4 November 1979 led to the Embassy personnel and two other American citizens, a teacher and a businessman, being taking hostage, and subsequently to demands being addressed to America (e.g., for the extradition of the Shah and the return of his wealth) under the threat that failure to comply would result in the hostages being put on trial as spies.
Rules of Reference in the new Convention on the Law of the Sea, in particular in connection with the pollution of the sea by oil from tankers
Authors: van Reenen W.
Published: July 2009

The Draft Convention on the Law of the Sea (hereafter referred to as “the Draft Convention”) includes provisions which refer to rules of public international law but which give no indication of either their content or their source. In this paper these provisions are called “rules of reference”. This reference does not mean that the application of the projected Convention itself is overridden by the rules of reference indicated. On the contrary, the indicated rules are incorporated into the projected Convention by reference, as is demonstrated in section 3 infra.
Some Aspects of the Right to Leave and to Return with special reference to Dutch law and practice
Authors: de Rouw A.C.J.
Published: July 2009

It is the purpose of this article to review a number of aspects of Dutch law and practice concerning the fundamental human “right of everyone to leave any country, including his own, and to return to his country”, usually referred to as the right to leave and to return, in particular with regard to the period following World War II, and against the background of the international developments on this point which are most important for the Netherlands.
The European Communities and the Code of Conduct for Liner Conferences: some problems on the border-line between general international law and Community law
Authors: Kuyper P.J.
Published: July 2009

One of the most interesting regulations to appear in the 1979 volume of the Official Journal of the European Communities was Council Regulation (EEC) No. 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences.
Some Institutional Aspects of the International Energy Agency
Authors: Lauwaars Richard H.
Published: July 2009

On 10 December 1979 the Governing Board of the International Energy Agency (IEA) met in Paris at ministerial level. The subject of discussion was the action to be taken to meet problems in the field of oil supply, and the implementation of the “Declaration” by the Western Summit Conference in Tokyo on this matter. On the basis of the decisions adopted during this meeting, which established, inter alia, individually identifiable oil-import ceilings, it has been remarked that the IEA had arrived at a “turning-point”. “After five years of, more or less global, non-binding arrangements, 1980 is the year in which it will have to be shown whether one can indeed arrive at a clear, more obligatory approach to the oil problem”. Whatever future developments there might be, this seems to be a good time to take a closer look at the IEA. The current war between Iraq and Iran, also re-emphasises the vulnerability of Western oil-supplies, and underlines the practical importance of the IEA. This article will deal mainly with some of the remarkable institutional aspects of the Agency, and the International Energy Program (IEP) which it manages. Before this, there will be a discussion of the background of the IEA and a short description of the core of the IEP: the crisis mechanism, and the other objectives. The article will be concluded with some observations on the relationship between the IEA and the European Communities (EC).
Territory in International Law
Authors: Shaw M.N.
Published: July 2009

The international community is formed first and foremost by states, which were defined by Vattel as “political bodies, societies of men who have united together and combined their forces in order to procure their mutual welfare and security”. The element missing from this definition relates to the need for a territorial basis for such political bodies. This necessity, however, is self-evident. As Oppenheim has noted, “a State without a territory is not possible”. This does not mean that territoriality is a criterion of personality in international law, but statehood is inconceivable in the absence of a reasonably defined geographical base. The frontiers of such an entity need not be established beyond dispute, nor is there any prescribed minimum of territory for the existance of a state, but some piece of land is essential before one can accept the establishment and continuation of a state.
The Dutch-Taiwanese Submarines Deal: legal aspects
Authors: Sik Ko Swan
Published: July 2009

Dutch-Chinese realations were brought into the limelight in 1980 in connention with the sale of two submarines to the authorities in Taiwan by a Dutch shipyard. The transaction raised several questions concerning the compatibility of the transaction or, more particularly, of the involvement of the Dutch Government, with the non-recognized status of Taiwan and the obligations of the Netherlands towards China.
The “Magda Maria” and Customary Law at Sea - a case note
Authors: Meijers H. , Siekmann R.C.R.
Published: July 2009

On Sunday 26 July 1981, “Radio Paradise” made experimental transmissions in Dutch and intended for reception by the general public in the Netherlands, without having obtained permission from the appropriate Dutch authorities. The transmissions were carried out from a ship off the Dutch coast, outside territorial waters. It was announced that regular broadcasts to the Netherlands would begin shortly afterwards.
Role, consensus and opinion analysis at the International Court of Justice
Authors: Prott Lyndel V.
Published: July 2009

Sociologically oriented studies of courts have been well-established in the United States for many decades. The interest of the American Realist School of Jurisprudence in how courts actually do work, as opposed to how they say they work, has ensured a reception for those studies which might help us better understand judicial behaviour. They have been accepted much more slowly in other jurisdictions such as Germany and the United Kingdom and are yet to be accepted in France. Sociological analyses of court processes and judicial behaviour in international tribunals have also been slow to be accepted. As recently as 1975 an eminent international lawyer found a first attempt at such a study on the International Court of Justice “disconcerting”.
Civilian protest vessels and the law of the sea
Authors: Plant Glen
Published: July 2009

French riot police met the Greenpeace Organisation's ship “Sirius” with CS gas, when she tried to enter Cherbourg harbour in January 1983. She was acting in defiance of injunctions and a ban imposed on Greenpeace vessels by the harbour Prefect after an earlier similar protest against the import of spent nuclear fuel in 1980. She and her international crew were detained for several days; her captain was prosecuted and the UK Director of the environmental protest organisation, Mr. Peter Wilkinson, was held in prison overnight by virtue of an injunction – of which he had been unaware – against his personal presence anywhere in France.
Extraterritorial application of the EEC–competition law
Authors: Leenen A.Th. S.
Published: July 2009

The scope of application of Articles 85 and 86 of the EEC Treaty is not limited to undertakings which have been established within the Community. Undertakings which have been established outside the Community and which restrain competition inside the Common Market can come within the scope of application of the EEC competition law. In a growing Number of cases, the EuropeanCommission and the Court of Justice of the EEC have applied the Articles 85 and 86 to undertakings which had their seats in third countries.
Reflections on international liability for injurious consequences arising out of acts not prohibited by international law
Authors: Pinto M.C.W.
Published: July 2009

News of the death in Wellington on 25 September 1984 of Robert Quentin Quentin-Baxter shocked his many friends attending the 39th session of the General Assembly of the United Nations. The traditional moment of silence was observed by the Sixth Committee, and many tributes followed, for Quentin's life had been one of dedicated and loyal service to his country and to the community of nations.
“Primary” and “secondary” rules in the law of State responsibility categorizing international obligations
Authors: Combacau J. , Alland D.
Published: July 2009

The obstacles facing the Special Rapporteur of the International Law Commission in drawing up a draft on the “content, forms and degrees of international responsibility” arise mainly out of the absence in the first part of the draft of any real theory of international delict introducing into this general concept criteria for differentiation which would enable more restricted categories to be distinguished. Once it is admitted that responsibility (defined in the abstract as the emergence of new legal relations between the wrongdoer on the one hand, and his victim or third parties on the other) can take a variety of forms, covers a broad spectrum and involves different subjects according to the legal causes which gave rise to it, then we can no longer avoid analyzing those causes. The internationally wrongful act, defined as the violation by a State of an international obligation, ceases to be the homogeneous legal concept of the first part of the draft adopted on first reading by the International Law Commission, but instead breaks down into a multiplicity of acts.
Self-contained regimes
Authors: Simma Bruno
Published: July 2009

On 29 November 1979 the United States of America instituted proceedings before the International Court of Justice against the Islamic Republic of Iran in respect of the seizure and holding as hostages of members of the US diplomatic and consular staff and certain other US nationals. Although the Government of Iran chose not to appear before the Hague Court it defined its position in two communications addressed to the Court on 9 December 1979 and 17 March 1980. In these letters the Iranian Government took the view that the Court could not and should not take cognizance of the case since the question of the hostages

“only represents a marginal and secondary aspect of an overall problem, one such that it cannot be studied separately and which involves, inter alia, more than 25 years of continual interference by the United States in the internal affairs of Iran, the shameless exploitation of our country, and numerous crimes perpetrated against the Iranian people, contrary to and in conflict with all international and humanitarian norms.”
State responsibility: circumstances precluding wrongfulness
Authors: Jagota S.P.
Published: July 2009

State responsibility is a subject of international law folklore. Its importance and contribution to the promotion of the rule of law among the world community of states is well known. Its codification and development has, however, gone on at its own stately gait, even at the International Law Commission where it has been considered since 1955.
The question of reservation of local transport (cabotage) on international waterways
Authors: Vitányi Béla
Published: July 2009

From the outset, it is important to establish the meaning of “cabotage”, though, as so often happens, different meanings are possible. To recall what the German delegate to the General Conference on Communication and Transit, held in Barcelona in 1921, rightly observed in this connection: “In international law, by ‘cabotage’ is understood the transport of goods or passengers from one port in a country to another port in the same country. According to European international law ‘petit cabotage’ is spoken of when it is a question of ports situated on the same sea, and ‘grand cabotage’ when the ports are situated on different seas. Maritime transport from Bordeaux to Marseille is ‘grand cabotage’, from Bordeaux to Nantes or to Le Havre is ‘petit cabotage’. Consequently, in European international law, the word ‘cabotage’ is only applied to maritime navigation …”. … The cabotage question with which we are dealing here is quite different. It is not cabotage properly so called, and I am glad that in the Draft Convention we do not speak of ‘cabotage’, but of ‘local transport’…
What is the substance of tripartism in the international labour organisation?: Criteria for the verification of credentials at the International Labour Conferences
Authors: van der Kooy H.
Published: July 2009

The signature of the Treaty of Versailles in 1919 marked the birth of the International Labour Organisation (ILO); the ILO Constitution formed Chapter XIII of the Treaty.
Reaffirmation and development of international humanitarian law applicable in armed conflicts: The diplomatic conference, Geneva, 1974–1977: Part I: Combatants and Civilians
Authors: Kalshoven Frits
Published: July 2009

On 10 June 1977, at Geneva, the representatives of ninety-seven States, of the Holy See and of three national liberation movements put their signatures to the Final Act of the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts. This event brought to a formal close a Conference which had commenced its work in 1974, and which had, in the course of four consecutive annual sessions deliberated, negotiated, and more or less satisfactorily resolved a large number of often delicate issues of humanitarian law.
Future Independence of the Netherlands Antilles and the Warsaw Convention
Authors: van Reenen W.
Published: July 2009

In the wake of the “decade” of decolonization – roughly the fifties and early sixties of this century – from time to time the world still faces the legal and political problems which result from the process of political emancipation of hitherto non-self-governing territories.
The Legal Nature of the Rights Granted by the International Covenant on Economic, Social and Cultural Rights
Authors: Vierdag E.W.
Published: July 2009

What is the legal nature of the rights granted by the International Covenant on Economic, Social and Cultural Rights (ICESCR)? This question seems simple enough, and every lawyer interested in the international protection of human rights is likely to have come to ponder it at one time or another. Before the Second World War, the international protection of economic and social rights was mainly the concern of the ILO, with its own very specific techniques and procedures. Apart from that, the question of social rights had gained the attention only of some academics. After the War, economic and social rights were included in the Universal Declaration of Human Rights (Articles 22–29), though that is not a binding instrument. There is also, of course, the European Social Charter, concluded in 1961, and in force since 26 February 1965, which is a regional treaty. Since the entry into force of the ICESCR on 3 January 1976, however, there is now a binding and global instrument dealing with the protection of what are generally called “social rights” (in contradisctinction to “civil and political rights”).
Succession and continuation, A study on treaty practice in post-war Germany
Authors: Sonnenfeld Renata
Published: July 2009

The disappearance of the Third Reich from the international scene and the emergence of two German States was accomplished by such unorthodox means that the literature on the subject often resorts to the qualification “sui generis” when describing situations and facts, for which there are no precedents. Furthermore, the legal problems connected with the status of the German Democratic Republic (G.D.R.) and the Federal Republic of Germany (F.R.G.) are so closely related to the development of political relations in Europe, that they cannot be considered in isolation from political elements.
The conference of government experts on the use of certain conventional weapons, second session, Lugano, 28 January – 26 February 1976
Authors: Kalshoven Frits
Published: July 2009

As recorded in the previous volume of this Yearbook, most of those participating in the Conference of Government Experts on the Use of Certain Conventional Weapons held at Lucerne from 24 September - 18 October 1974 came to the realization that a second experts' conference would be necessary to examine further the issues which had proved so controversial at Lucerne. At the same time, as a mere repetition of the Lucerne exercise would serve no useful purpose, it was decided that a second conference would concentrate on the weapons which might have been, or might become, the subject of proposals to ban or restrict their use, and its task would be to study the possibility, contents and form of such proposed bans or restrictions. A conference with these terms of reference was duly convened by the International Committee of the Red Cross (or I.C.R.C.), and met from 28 January - 26 February 1976 at Lugano, Switzerland; so as to avoid having to start all over again with the drawing up of Rules of Procedure and similar organizational matters, it was designated as the “second session” of the Conference of Government Experts on the Use of Certain Conventional Weapons.
Reaffirmation and development of international humanitarian law applicable in armed conflicts: the Conference of Government Experts (second session), 3 May – 2 June 1972
Authors: Kalshoven Frits
Published: July 2009

As was mentioned in the previous note on the above subject, the (first) Conference of Government Experts held in Geneva in May 1971, although an important step on the road towards the “reaffirmation and development” of certain more or less neglected parts of the international humanitarian law applicable in armed conflicts, was in itself insufficient preparation for a future diplomatic conference. A second conference of experts seemed therefore to be indicated, and the announcement, made in the final session of the Conference by the President of the International Committee of the Red Cross (or ICRC), that such a conference would be organized in 1972, was received with unanimous approval and satisfaction.