Showing papers on "Public international law published in 1991"

International Law and the Use of Force by States

Abstract: This book is intended for scholars and students of international law and international relations; military personnel and advisers to Government departments.

The Law Of Refugee Status

Abstract: 1. Alienage 2. Well-founded fear 3. Serious harm 4. Failure of state protection 5. Nexus to civil or political status 6. Persons no longer needing protection 7. Persons not deserving protection.

International law in theory and practice

Abstract: I. The Nature and Reality of International Law. II.Policies, Purposes and Rules in a Divided World. III. The Quest for Objectivity: Sources, Scholars and Judges. IV. General Principles and Equity. V. The International Lex Scripta. VI. Resolutions and Political Texts. VII. The Prohibition of Force. VIII. The Use of Force in Self-defense. IX. Peaceful Means of Redress: Self-help and Counter-Measures. X. International Remedies. XI. Enforcement. XII. The Jurisdiction of States. XIII. The New Law of the Sea. XIV. Sovereign Rights and International Business. XV. International Human Rights. XVI. Protecting the Environment. XVII. Collective Security Redux. Notes. Bibliography. Index.

International law and the rights of minorities

Abstract: The treatment of ethnic and religious minorities by states is a major issue in the closing decade of the twentieth century. Conflict between ethnic groups, and between groups and states colours international relations and politics. The developments in Eastern Europe and the USSR have led to a re-emergence of ethnic and nationalist issues, whilst the problems of national consolidation of new states inevitably raises questions of culture, religiation and language. Minorities rights are difficult to accommodate within the individualist and universalist framework of human rights. International law is required to deal with dilemmas such as individual versus collective rights, passivity on the part of the state towards minority cultures or positive action to promote them, and nation-building as against group self-determination and autonomy. International Law and the Rights of Minorities attempts to explore the response of international law to these major questions through detailed analysis of treaty and customary law, including regional treaties. Areas covered include the prohibition of genocide, Article 27 of the Covenant on Civil and Political Rights, the principle of non-discrimination and the related but separable issue of indigenous peoples and international law. Reference is also made to the pre-UN tradition of group protection. International Law and the Rights of Minorities concludes with an assessment of the achievements of international law in these areas and explores the possibilities for future progress.

International law : achievements and prospects

Abstract: The arrival of the "International Law: Achievements and Prospects" can fairly be described as a major event in international legal publishing. It has been written by international lawyers from the North, the South, the East and the West, whose differing origins and different, or even opposed, academic backgrounds have ensured that the book encapsulates and brings into focus the main forms of civilization' and the principal legal systems of the world'. The book's most distinctive feature is its international, multi-cultural and polyphonic nature. "International Law: Achievements and Prospects" aims to inform and to educate, to make the discipline of international law accessible to a very broad public, and to promote a meeting of minds on fundamental notions, key concepts, and the guiding principles of international law, over and beyond frontiers, ideologies and doctrines. In addition, it is intended to provide a framework for thought, to describe what international law is today, to specify its nature, define its purpose and show its strengths, and also to point out its weaknesses. All the contributing authors are or have been practitioners of international law. Their contributions express a global view of international law which helps to unravel the complex reality of the contemporary world. "International Law: Achievements and Prospects" has been produced under the auspices of UNESCO; its content also aspires to reflect, in some measure, the imprint of that Organization's sponsorship.

Cases and Materials on International Law

Abstract: 1. The nature of international law and the international system 2. The sources of international law 3. The law of treaties 4. International law and national law 5. Personality and recognition 6. International human rights law 7. Sovereignty over territory 8. Jurisdictional sovereignty 9. Immunities from national jurisdiction 10. Law of the sea 11. State responsibility 12. International environmental law 13. International economic law 14. The use of force, collective security, and peacekeeping 15. Peaceful settlement of international disputes 16. International criminal law

Liberation Struggles in International Law

Abstract: Prodigiously researched, this book presents a thorough study of one of the most fascinating international phenomena of the national liberation movements. Christopher O. Quaye investigates various aspects of these movements, including their relationship to self-determination, secession, rebellion, the use of force, and terrorism. He skillfully combines the separate disciplines of jurisprudence, international politics, and international law to examine the significance of the role played by international law and the United Nations in legitimizing certain categories of liberation struggles. Unlike many other books written on this subject, "Liberation Struggles in International Law" does not limit itself to anti-colonial cases, but also devotes considerable attention to non-colonial liberation movements, and to self-determination in a broad sense the struggle against oppressive governments. Christopher O. Quaye, a legal scholar from Ghana, recently completed his dissertation at Harvard Law School.

Change in the international system : essays on the theory and practice of international relations

Abstract: Part 1 Change in the international system: farming, ranching and accounting - perspectives on change in international relations underdevelopment and the "Gap" theory of international conflict change in the international system - interdependence, integration and fragmentation restructuring foreign policy - a neglected phenomenon in foreign policy theory politics in command - foreign trade as national security policy revolution in the revolution - world views and foreign policy change in the Soviet Union. Part 2 Change in the study of international politics: retreat from Utopia - international relations theory, 1945-1970 along the road to international theory the comparative analysis of foreign policy - some notes on the pitfalls and paths to theory the necrologists of international relations international theory - national or international? mirror, mirror, on the wall, which are the fairest theories of all?.

Judicial Settlement of International Disputes: Jurisdiction, Justiciability and Judicial Law-Making on the Contemporary International Court

Abstract: Foreword. I: Contemporary Conceptions of the Role of International Judicial Settlement. II: The Contemporary International Judicial Process. Law and Logic, and the `Law'/`Politics' dichotomy. III: The Jurisdiction of the Full Court of the International Court, and the Special Chambers Gloss to Jurisdiction. IV: The Contemporary International Court as Independent, and as Representative Tribunal. V: A Contemporary, Operational Approach to Court Jurisdiction and Justiciability. Conclusion: New Agenda, and New Client-States for the International Court. Appendices: A. Covenant of the League of Nations (1920), (Art. 12-15, Art. 19). B. Charter of the United Nations (1945), (Chapter XIV. Art. 92-96). C. Statute of the International Court of Justice. D. U.N. General Assembly Resolution 44/23, 9 January 1990. (`United Nations Decade of International Law'). Table of Principal Cases. Index.

Legal Aspects of the Unification of the Two German States

Abstract: Introduction The unification of the two German states has not fostered concerns about a destabilisation of the present political system in Europe and a reemergence of German nationalism. The process of European integration has not been slowed down; in the field of international relations, for the first time since the Second World War, an end of East-West military confrontation and the prospect of a larger European co-operation within the framework of the Council of Europe and the CSCE Conference is envisaged. Following the Hungarian and Polish example, other Eastern European States may soon decide to join the European Convention on Human Rights and the Council of Europe and enter into close economic relations with the EEC. For the first time in this century there is also a true chance to settle all the relicts of the Second World War and to achieve a lasting peace between Germany and its Eastern European neighbours. The agreement concluded between Germany and Poland on November 14, 19901 was not brought about by the Diktat by the Allied Powers but was based upon the conviction of the Polish and German Governments as well as of the peoples of both countries that the time had come for a final reconciliation, similar to that between France and Germany in the last decades. On the way to a final settlement between Germany and Poland some legal obstacles had to be overcome. Not many people abroad may have understood the legal reservations to the Warsaw Treaty of 1970 until, finally, the German Federal Government and Parliament officially opened the door for a recognition of the existing Western frontiers of Poland which in legal terms may be considered as a cession of German territory, since the region involved had been a part of Germany for centuries. Under public international law the exercise of a right of self-defence against aggression cannot be considered in itself as a legal basis for annexation of territory. Even if one starts from the assumption that under the special circumstances of World War II particular legal rules apply with regard to those war measures undertaken by the Allied Powers against Nazi-Germany, it would be difficult to argue from an international law point of view that the Allied Powers were justified in transferring German territory. Article 107 of the UN Charter authorizing action ‘in relation to any

The International Law and Practice of Early-Warning and Preventive Diplomacy:The Emerging Global Watch

Abstract: 1. The Changing Character of International Law: The Emerging Law of a Global Watch. 2. Requirements of the Global Watch and Innovations in the Office of the United Nations Secretary-General. 3. Policies and Principles for Early-Warning and Emergency Response in International Organizations. 4. The Development of Institutions for Early-Warning: The Office for Research and the Collection of Information. 5. The Practice of Early-Warning: Political Emergencies. 6. The Practice of Early-Warning: Humanitarian Emergencies. 7. The Practice of Early-Warning: Environment, Basic Needs and Disaster-Preparedness. Conclusion. Bibliography. Index.

The Jury Is Still Out on the Need for an International Criminal Court

Abstract: After languishing in the shadow of international ambivalence for some seventy years,1 the proposal for the creation of an international criminal court is enjoying a modern revival. Within the last year, the United Nations International Law Commission ("ILC"),2 the U.N. Crime Congress, a conference of international scholars in Italy, and the International Law Section of the American Bar Association ("ABA") all have endorsed the concept of an international criminal court.3 Moreover, the 101st Congress (1989-90), on its final day, passed legislation calling on the Executive Branch to explore the need for the establishment of such a court and requiring the Executive Branch to report its findings by October 1, 1991. 4 Even senior officials of the U.S. Department of State recently have acknowledged that "the time is probably riper than ever to

National Implementation of International Humanitarian Law

Abstract: Law No. 26.247 on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction was adopted on 25 April 2007. The Law sets out the obligations established by the Convention; it forbids the production, acquisition, stockpiling, retaining or use of the chemical substances defined in the Convention’s List 1. It provides that any individual or corporate body can, for purposes not prohibited by the Convention, develop, produce, acquire in any form, retain, transfer and use, import and export any toxic chemicals or substances and their precursors. Subject to the control, supervision and inspection of an Inter-Ministerial Commission for the Prohibition of Chemical Weapons, the chemical substances defined in List 1 may, however, be produced or transferred to another State Party for research, medical, pharmaceutical or protective purposes. The Law also allows for inspections to be carried out by the Organization for the Prohibition of Chemical Weapons. Finally, the Law provides for administrative and criminal sanctions in case of violation of its provisions.

The Japanese International Law 'Revolution': International Human Rights Law and Its Impact in Japan

Abstract: Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.

Constitutional functions and constitutional problems of international economic law : international and domestic foreign trade law and foreign trade policy in the United States, the European Community and Switzerland

Abstract: This is an examination of the elements of a legal theory of international economic order and the economic, political and legal problems of trade protectionism - in particular regarding the United States and the EEC. It offers an explanation of why liberal international trade order does not develop spontaneously, analyzes the international GATT, IMF and World Bank rules and procedures from a constitutional perspective, and offers suggestions for the concrete policy task of developing inmproved constitutional rules for trade policymaking.

International Fugitives: A New Role for the International Court of Justice

Abstract: Introduction: Importance of International Extradition The Problem: The International Extradition of Criminals Problems with International Extradition Extradition May Not Offer a Solution When International Agreement Fails: Extralegal Alternatives to Extradition The International Court of Justice: An Underutilized International Forum Historical Development of the International Court of Justice Purpose, Structure, and Composition of the International Court of Justice An Underutilized International Forum Toward a Resolution: New Role for the International Court of Justice The International Court of Justice as and International Crimes The Model Establishing the Jurisdiction of the International Court of Justice Over State Transnational and International Crimes Appendixes Bibliography Index