Abstract: I: The Evolution of the Doctrine of State Immunity -- 1 — Historical Background -- 2 — Emergence of a Specific Rule of State Immunity -- 3 — The Transition to Restricted Immunity in Major Absolute Immunity Jurisdictions -- 4 — Proposed Criteria for the Distinction between Public Acts and Private Acts of the Foreign State -- II: The Doctrine of State Immunity: A Critical View -- 1 — Some Theoretical Considerations -- 2 — Inferences Regarding State Immunity -- 3 — Common Ground between “Absolutists” and “Restrictionists” -- 4 — Immunity from Execution -- III: The Seven Recent Instruments: Common Features and Distinctive Provisions -- 1 — Immunity From Suit -- 2 — Immunity From Execution -- 3 — The Current State of the Law -- 4 — The Work of Learned Bodies -- Conclusions -- Notes -- Appendices -- Subject and Name Index -- Cases Cited.

Abstract: Ours is a world in which the volume of the external trade of the vast majority of nations has greatly expanded and continues to be on the rise. Transnational intercourse of all kinds is now a feature of an interdependent world economy in which no nation can afford to stand aloof from a market-place which has assumed global dimensions. It is also a world where many nations, and not only of the Socialist bloc, conduct some of their transnational business themselves, or else they entrust it to state-owned cor­ porations and to agencies of the state. In these circumstances it becomes of prime importance to know whether a foreign state or an agency or instrumentality thereof can be sued before the local courts and, if so, whether the final judgement obtained can be enforced against the funds or property of the judgement debtor. The question of the immunity of states from suit and from execution is thus one of direct practical relevance not only to the legal profession but also to governments and the business and banking communities all over the world. The economic effects of a particular legal stand on state immunity are obvious. The position of national courts on state immunity can either attract more business or discourage further dealings with foreign states or their agencies. It can thus affect the balance of payments and, in general, the role the country plays in the world market.

Abstract: One: Aspects of the Judicial Process -- 1. Methodological problems faced by the International Court of Justice in the application of international law -- 2. The International Court of Justice and the non-appearing respondent -- 3. The International Court of Justice and the indication of provisional measures of protection -- 4. The limits of the right of intervention in a case before the International Court of Justice -- 5. The international Court of Justice and the nuclear tests cases -- 6. The doctrine of inter-temporal law -- 7. New perspectives and conceptions in contemporary public international law -- Two: International Law and Development -- 8. Sovereign immunity and commercial transactions -- 9. The work of international organizations in the economic and social fields -- 10. The rule-making process and the future of international law -- Three: Legal Aspects of the New International Economic Order -- 11. Basic principles and perspectives of the New International Economic Order -- 12. The New International Economic Order and human rights -- Four: Human Rights and Diplomatic Law -- 13. Regional commissions on human rights with special reference to Africa -- 14. Recent trends in diplomatic law and human rights -- Five: The International Court of Justice and Africa -- 15. The era of protectorates, colonies and capitulations -- 16. The era of decolonization -- 17. The disappearance of the mandate and trusteeship systems -- Table of international court cases -- List of treaties, conventions, statutes, etc.

Abstract: This book groups together recent studies of some of the most significant features of contemporary public international law. It straddles some five differing aspects of the living law of the United Nations. Although written on diverse occasions and for different purposes, they are nevertheless animated by the common ideal of analysing and synthesising current issues with which the International Court of Justice, the United Nations Organization itself and related law-making organs and institutions have been grappling in the last five years or so. The treatment of the subjects with which they deal and the manner of their orientation naturally differ both in scope and in depth of analysing, depending upon the particular aspects of international law under consideration. They open up not only new horizons but also, as one of its chapters indicates, new conceptions and perspectives in current international law. Old topics are re-examined from new angles, some new topics are studied in such a way as to relate them to their customary roots and pristine significance in legal thought. There are five main parts. The first and inevitably the longest division deals with the international judicial process in nearly all its modern ramifications as exemplified in the work of the Court. The first study deals with problems of method associated with the internal judicial practice of the Court from the moment the public hearings have been completed up to the delivery of the judgment; in other words, how the Court judges a case.

Abstract: I. Introduction -- 1. Constitutional Basis -- 2. Historical Background -- Notes -- II. Sources. Federal Citizenship and Republican Citizenship -- 1. Sources -- 2. Federal Citizenship and Republican Citizenship -- Notes -- III. Legislative Basis. Recognition. Marriage. Residence abroad. Extradition -- 1. Legislative Basis -- 2. Recognition -- 3. Citizenship and Marriage -- 4. Residence Abroad -- 5. Extradition -- Notes -- IV. Dual Nationality -- I. General Principles -- II. Conflicts-in-Law Portfolio -- Notes -- V. Dual Nationality and Soviet Diplomatic and Treaty Practice -- Notes -- VI. Statelessness as a Consequence of the Conflict of Nationality Laws (Part I) -- I. Conflicts-in-Law Varietals of Statelessness -- Notes -- VII. Statelessness as a Consequence of the Conflict of Nationality Laws (Part II) -- Statelessness as a Result of Marriage -- II. Legislative and Diplomatic Practice -- Notes -- VIII. Acquisition of Ussr Citizenship -- 1. Grounds for Acquiring USSR Citizenship -- 2. Acquisition of USSR Citizenship by Birth -- 3. Acquisition of USSR Citizenship by Children of Stateless Persons -- 4. Foundlings -- 5. Admission to the Citizenship of the USSR -- Notes -- IX. Loss and Restoration of Soviet Citizenship -- 1. Grounds for Losing USSR Citizenship -- 2. Exit from Soviet Citizenship -- 3. Deprivation of USSR Citizenship -- 4. Restoration of USSR Citizenship -- Notes -- X. Status of Minors -- 1. When Both Parents Change Citizenship -- 2. When One Parent Acquires USSR Citizenship -- 3. When One Parent Leaves USSR Citizenship -- 4. Adoption and Acquisition of USSR Citizenship -- 5. Adoption of Soviet Children by Foreign Citizens -- Notes -- XI. Procedural Format -- 1. Background -- 2. Current Legislation -- Notes -- XII. Emigration and Immigration -- A. The Chinese Case -- B. The Korean Question -- C. The Jewish Problem -- Notes -- XIII. The New Soviet Citizenship Law and Human Rights -- 1. Universal Declaration of Human Rights -- 2. International Covenant on Civil and Political Rights -- 3. Convention on the Nationality of Married Women -- 4. Convention on the Reduction of Statelessness -- 5. Final Act of the Helsinki Conference -- Notes -- Selective Bibliography -- A. Books -- B. Articles.

Abstract: In 1968, the predecessor of this volume was published as Number 15 of the Law in Eastern Europe series, under the title "Soviet Citizenship Law". The decision to put out a new version of that study was prompted by the enactment in 1978 of the CUTTent Law on the Citizenship of the USSR and the various changes in Soviet prac­ tice in this domain which occurred in the intervening decade. I have drawn on the earlier work for background material and in order to make comparisons between the previous record here and the substance ofthe latest statute. However, the pres­ ent monograph is not a second edition in the sense of being an expanded and updated revision of the original, but stands as an independent piece of research and analysis. Thus, three of the chapters (out of a total of six) featured in the 1968 vol­ urne - citizenship and state succession, state succession and option of nationality, and refugees and displaced persons - have now been omitted for the simple reason that the situation in these areas has remained virtually static during the past ten years so that the initial treatment requires no significant alteration. On the other hand, fresh problems have meantime arisen - such as, for instance, the connection between citizenship and emigration, and the relationship between citizenship status and the international protection of human rights - which called for attention and are dealt with in this book.

Abstract: With consumer goods, as weil as consumer durables, the market is obscured because of product differentiation, in for example, the use, of trade marks, and the advertising and get-up of products, and this presents arealproblern in the protection of consumers. After a general demarcation of the forms, techniques and functions of product differentiation, an investigation is made into the correlation between the law and product differentiation; first, regarding pharmaceutical products and, then, though only by way of reconnaissance, for foodstuffs and cosmetics. Both in the general descriptive part and in the parts dealing with various sectors, attention is also paid to product differentiation as a source of the geographical division of markets. In a later chapter, certain general Observations on the law and socially undesirable product differentiation are developed. Here special attention is paid to trade mark law and regulations relating to misleading and dishonest advertising. The survey shows that, in the light of the existing economic model, improved consumer protection against the representation of product differ­ ences which hardly exist, can best be effected by means of regulations and other initiatives concerned with the supply of information, such as labelling requirements. September 1981 Dr. Jules Stuyck IX Table of Contents The first figure indicates the subsection number and the second figure the page number.

Abstract: by Peter Coffey This is indeed a most opportune time for the publication of a serious, critical and independent study about the "Main Economic Policy Areas of the EEC". The European Economic Community is the world's most import­ ant commercial and trading bloc and its economic policies consequently have the most far-reaching implications for all countries in the world. The rest of the world is acutely conscious of the Community's trading policies. In turn, these policies (apart from those based on historical links - ante­ cedent to the EEC's formation) are strongly influenced by the internal economic policies of the Common Market - especially by the Common Agricultural Policy (CAP). At the present time, the Community finds itself, both in­ ternally and externally, at a crossroads. This crossroads takes the form of a choice between 'protectionism' or 'open­ ness'. Unfortunately, present evidence suggests that currently and in the immediately foreseeable future the former option has been chosen by the EEC.

Abstract: The Community legal order -- Judicial review -- Other tasks of the Court of Justice -- Other Courts applying Community law -- Structure and Operation of the Court of Justice.

Abstract: I. Purpose of the book § 1. The Court of Justice plays a significant role in the development of the European Communities, to some extent comparable with the role of the Supreme Court in the early years of the United States of America. Both are constitutional courts charged with the preservation and the development of the law in a new society. The powers of both are in fact limited by the 1 existing political situation. Each court plays a vital role in the protection of the individual against a vast and increasingly influential administration. In the present book the attempt is made to describe the nature of the ju­ dicial protection within the sphere of European Community law, that is available to individuals and undertakings as well as to the Member States. The study is heavily based on the case-law of the Court of Justice, which in principle is described rather than criticized, mainly for three reasons. (I) The author has great admiration for the Court of Justice and for the manner in which it operates. He considers that a detailed description of the Court's case-law portrays a fine legal system that is not susceptible to a great amount of fundamental criticism.

Abstract: — Prologue -- One — Summary Notes on the Criminal Law of Canada -- One — Introduction -- Two — Canadian Common Law -- Three — Dutch Civil Law -- Four — Legislative Powers in Canada -- Five — The Judiciary -- Six — Sources of Canadian Criminal Law -- Seven — Basic Notions -- Eight — The Qualifying Factors -- Nine — The Disqualifying Factors Grounds for Impunity -- Ten — Negligence -- Eleven — Causality -- Twelve — Reasonable Attribution of Liability -- Thirteen — Criminal Liability -- Two — On Reasonaple Liability -- One — Strict Liability -- Two — Strict Liability in Dutch Criminal Law -- Three — Some Fictions in Common Law -- Four — Strict Responsibility and Penal Offences -- Five — An Aside with Respect to Evidence -- Six — The Res Ipsa Argument -- Seven — Justification of Punishment for Negligence -- Eight — The Case in Favor and Against Strict Responsibility -- Nine — Separating the Strict from the Absolute -- Ten — The Halfway House Doctrine -- Eleven — Due Diligence Before the Courts -- Twelve — In Defence of Due Diligence -- Thirteen — The AVAS Defence -- Fourteen — The Defence of Due Diligence in Canadian Criminal Law -- - Epilogue -- - Samenvatting -- - Footnotes -- Table of Cases -- Common Law Cases -- Dutch Case Law -- Curriculum Vitae.

Abstract: Last year I addressed the Netherlands Comparative Law Asso­ ciation with the following question: 'Does Comparative Law Exist At All?' (My intention then was to flog the dead (?) horse of the merger of comparative law and the sociology of law. ) In presenting this voluminous collection of Netherlands national reports to the eleventh congress of the Internatio­ nal Academy of Comparative Law I feel my misgivings giving way to the suspicion, that comparative law indeed exists. Of course national reports do not, as such, prove the exist­ ence of comparative law. It is the general reports together with the national reports, which embody the comparative effort. That is why the Netherlands Comparative Law Associa­ tion took the initiative to propose the publishing of the materials on a subject to subject basis instead of publish­ ing collections of national reports. From a comparative legal point of view, it is the topic that should form the basis of the publication, and not the origin of the materials. The general reporter for each topic should be prepared to take up the responsabilities of editing the volume, and would have to be given the right to select those national reports which he considers to be useful both in regard to their quality and the relevance of the material to the basic problems in the questionnaire. This proposal met with very favourable comments from the na­ tional committees and general reporters of some fifteen coun­ tries.

Abstract: 1. Introduction -- 2. Scenario of the Agreement -- 3. Special Assumptions for the Agreement -- 4. Main Legal Features of the Agreement -- 5. Manganese Nodule Mining Agreement -- Appendix One: Draft Convention on the Law of the Sea (Informal Text) of 27 August 1980 (A/CONF. 62/WP. 10/Rev. 3) - Excerpts - -- Appendix Two: Select Bibliography -- About the Authors.

Abstract: The Third Uni ted Nations Conference on the Lawof the Sea is preparing rules far the establishment of an international legal regime governing the exploration and exploitation of the resources of the international seabed. The Draft Convention on the Law of the Sea (Informal Text) of 27 August 1980 which has so far been the result of the negotiations during the preceding sessions of the Conference, provides for a so-called "parallel system" under which an international "Enterprise" as weIl as national private or state-owned companies will be granted access to the resources of the international seabed under the control of an International Seabed Authority. The Draft Convention also envisages the condusion of joint venture agreements between the international Enterprise and national companies or consortia, and encourages such cooperation through grant­ ing various incentives. Such joint ventures will probably play an important part in making the international Enterprise operative in the early years of its existence. At the Conference concerns have been expressed whether and when the Enterprise as a newcomer would be in a position to start seabed mining and to compete effectively with the national companies. The Draft Convention provides for a number of ways and means to enable the Enterprise to develop its technological and financial capabilities for deep sea mining as early as possible.

Abstract: One: The Court of Justice and the Community Legal Order -- 1. The Nature and Jurisdiction of the Court of Justice -- Two: Direct Judicial Control -- A. Review of Legality of Community Acts -- 2. Action for Annulment -- 3. Action for Default -- 4. Plea of an Exception of Illegality -- 5. Action for Damages -- B. Action for Infringement of Community Law -- 6. Infringement Procedure against a Defaulting Member State -- 7. Infringement Procedure against Defaulting Private Parties -- C. Constitutional Control -- 8. Preventive Judicial Control -- Three: Indirect Judicial Control: Community Law Before National Courts -- 9. General Problems of the EEC Treaty Article -- 10. Uniform Interpretation of Community Law -- 11. Review of Validity of Community Acts -- 12. EEC Treaty Article 177 in the Practice of National Courts -- 13. Provisions Directly Effective: Additional Judicial Protection of Individuals -- 14. Supremacy of Community Law -- 15. Supremacy of Community Law in the Practice of the National Courts of the Member States -- 1. Documents and Publications of the European Communities -- 2. General Works -- 3. Articles -- 4. Table of Cases Cited and Annotated -- A. Jurisprudence of the Court of Justice -- B. Case Law of National Courts -- 5. Legal Documentation.

Abstract: The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in­ novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.

Abstract: I. The nature and function of Private International Law -- Section 1. Introduction -- Section 2. Rome and beyond -- Section 3. The period after the division of the Roman Empire—personality of laws -- Section 4. Feudalism and the revival of Roman Law -- Section 5. Feudalism -- Section 6. Italy—the Legists -- Section 7. The doctrine of the Statutists -- Section 8. The French school in the 16th Century—Dumoulin and D’Argentré -- Section 9. The Dutch school—Comity -- Section 10. The subsequent development of the doctrine of Huber—England -- Section 11. The United States -- Section 12. Modern Private International Law—Wächter, Savigny -- Section 13. Modern doctrines of territoriality or pseudo-territoriality—acquired rights -- Section 14. Sociological neo-statutists -- Section 15. Wächter redivivus—Ehrenzweig -- Section 16. Conflict of laws and the American Constitution -- Section 17. Governmental interests as conflict resolving factors—Currie—Neo-statutists -- Section 18. “Result selecting” principles—Cavers -- Section 19. The international use of the new doctrines -- Section 20. Conclusions -- Notes to part I -- II. The relationship between Public and Private International Law -- Section 21. The influence of Public International Law upon domestic Private International Law -- Section 22. Private International Law as part of Public International Law—choice of law before international tribunals -- Section 23. Recognition and the application of foreign law -- Section 24. Scrutiny of, and refusal to apply, the law and to respect the executive acts of a foreign recognized government -- Section 25. Conclusions -- Notes to part II -- III. The structure and interpretation of rules of Private International Law -- Section 26. Structure -- Section 27. Interpretation. -- Section 28. Spatially conditioned internal rules -- Section 29. Transposition, substitution and adaptation -- Section 30. Renvoi -- Section 31. Preliminary question -- Section 32. Conflict of laws in time -- Notes to part III -- IV. Conclusions -- Table of cases.

Abstract: The present volume reproduces with slight changes the course of lectures given at The Hague in 1972 under the title of "The General Principles of Private International Law". The substance of these lec­ tures has remained unaltered, but a number of insertions serve to cor­ rected some formal mistakes and misprints, added references to literature, some older, some more recent, without attempting to be exhaustive, and modified and supplemented the former exposition in two respects, where subsequent criticisms called for a review. The first concerns the place of public policy in Public International Law, the second deals with spatially-.

Abstract: Table des Matieres -- Articles -- A Year of Achievement -- Pouvoirs Limites Mais Influence Reelle D’un Organe Consultatif: L’assemblee Parlementaire du Conseil de L’europe -- “And Now We are One”: The First Year of the European Parliament -- La Fondation Europeenne de la Science -- Section Documentaire -- Tableau des Membres des Organisations Europeennes, 1979 -- Chapitre I — Commission Centrale Pour La Navigation Du Rhin -- Chapitre II — Union Economique Benelux -- Chapitre III — Union de L’europe Occidentale -- Chapitre IV — Organisation de Cooperation et de Developpement Economiques -- Chapitre V — Conseil de L’europe -- Chapitre VI — Commission Internationale de L’etat Civil -- Chapitre VII — Les Communautes Europeennes -- Chapitre VIII — Conseil Nordique et Conseil Ministeriel Nordique -- Chapitre IX — Conference Europeenne des Ministres des Transports -- Chapitre X — Organisation Europeenne Pour la Recherche Nucleaire (CERN) -- Chapitre XI — Commission Europeenne de L’aviation Civile -- Chapitre XII — Conference Europeenne des Administrations des Postes et des Telecommunications -- Chapitre XIII — Association Europeenne de Libre-Echange -- Chapitre XIV — Agence Spatiale Europeenne -- Chapitre XV — Organisation Europeenne Pour la Securite de la Navigation Aerienne (Eurocontrol) -- Articles -- A Year of Achievement -- Pouvoirs Limites Mais Influence Reelle D’un Organe Consultatif: L’assemblee Parlementaire du Conseil de L’europe -- “And Now We are One”: The First Year of the European Parliament -- La Fondation Europeenne de la Science -- Documentary Section -- Table of Members of European Organisations, 1979 -- I — Central Commission for the Navigation of the Rhine -- II — Benelux Economic Union (in French only) -- III — Western European Union -- IV — Organisation for Economic Co-Operation and Development -- V — Council of Europe -- VI — International Commission on Civil Status -- VII — European Communities -- VIII — Nordic Council and Nordic Council of Ministers -- IX — European Conference of ministers of Transport -- X — European Organisation for Nuclear Research (CERN) -- XI — European Civil Aviation Conference -- XII — European Conference of Postal and Telecommunications Administrations -- XIII — European Free Trade Association -- XIV — European Space Agency -- XV — European Organisation for the Safety of Air Navigation (Eurocontrol) -- Section Bibliographique / Bibliographical Section -- I. Livres sur la Cooperation Europeenne / I. Books on European Co-Operation -- II. Bibliographie Selective des Articles de Periodiques et des Brochures 1979 / II. Selected Bibliography of Periodical and Pamphlet Material 1979 -- A. Cooperation Europeenne en General / A. European Co-Operation in General -- B. Cooperation Economique / B. Economic Co-Operation -- C. Conseil de L’europe / C. Council of Europe -- D. Communautes Europeennes / D. European Communities -- E. Questions de Defense / E. Defence Questions -- Table des Noms / Listofnames -- Index Alphabetique / Alphabetical Index -- General Index.

Abstract: 1. International maritime organizations -- Baltic and International Maritime Conference -- Danube Commission -- Inter-Governmental Maritime Consultative Organization -- International Association of Independent Tanker Owners -- International Association of Lighthouse Authorities -- International Association of Ports and Harbours -- International Chamber of Shipping -- International Federation of Shipmasters’ Associations -- International Maritime Committee -- International Maritime Pilots Association -- International Maritime Satellite Organization -- International Shipowners’ Association -- International Tanker Owners Pollution Federation, Ltd -- International Union of Marine Insurance -- Latin America Shipowners’ Association -- Oil Companies International Marine Forum -- Permanent International Association on Navigation Congresses -- 2. International fisheries organizations -- General Fisheries Council for the Mediterranean -- Indo-Pacific Fisheries Council -- International Baltic Sea Fishery Commission -- International Commission for the Conservation of Atlantic Tunas -- International Commission for the Southeast Atlantic Fisheries -- International Whaling Commission -- Joint Commission on the Fisheries in the Black Sea -- Joint Commission of the Socialist Countries on Cooperation in the Field of Fisheries -- Joint Danube Fishery Commission -- North-East Atlantic Fisheries Commission -- North Pacific Fur Seal Commission -- Northwest Atlantic Fisheries Organization -- 3. International organizations concerned with marine sciences -- Engineering Committee on Oceanic Resources -- European Oceanic Association -- Intergovernmental Oceanographic Commission -- International Association for Biological Oceanography -- International Association of the Physical Sciences of the Ocean -- International Cartographic Association -- International Commission for Scientific Exploration of the Mediterranean -- International Council for the Exploration of the Sea -- International Hydrographic Organization -- International Ocean Institute -- International Union of Geodesy and Geophysics -- International Union of Geological Sciences -- North Sea Hydrographic Commission -- Pacific Science Association -- Scientific Committee on Antarctic Research -- Scientific Committee on Oceanic Research -- World Data Centers (Oceanography) -- World Meteorological Organization -- World Underwater Federation -- List of abbreviations.

Abstract: In the last few years, the quantity of books and papers on the political, economic and legal problems of the exploration and use of the sea and marine resources has considerably increased. But the status and activities of intern a­ tional organizations related to maritime shipping, fisheries, scientific research in the World Ocean and the protection of the marine environment have not yet, as a whole, been represented in the scientific and reference literature. It would be fair, though, to mention that some general information on marine international organizations may be found in the Yearbook of International Organizations, Brussels, 1979; in Annotated Acronyms and Abbreviations of Marine Science Related International Organizations, U. S. Department of Commerce, 1976; and in the UN Annotated Directory ofIntergovernmental Organizations Concerned with Ocean Affairs, 1976. Voluminous informa­ tion on organizations engaged in problems of the exploration and use ofthe sea is given in International Marine Organizations by the well-known Polish scientists Lopuski and Symonides, 1978. Meanwhile the increasing volume of practical work related to the participa­ tion of governmental and scientific bodies as well as individual scientists and specialists in these organizations, the necessity of long-term planning in this field, and the perspectives of the development of these organizations, make necessary a special publication depicting the structure and many-sided activi­ ties of such international bodies. This book is the first one in which the most complete information on the main marine international organizations is presented.

Abstract: I A Survey of the History of Drug-Use and Early Moves Towards International Control -- 1: Social and Cultural Aspects of Drug-Use and Historical Origins of the Use of Opium -- 2: International Action for the Control of Trade and Traffic in Drugs between 1909 and 1919 -- II International Action for the Control of Trade and Traffic in Drugs between 1920 and 1944 -- 3: The Organizational and Functional Framework as Devised by the League of Nations for the Purpose of Controlling the Manufacture of, and Trade and Traffic in, Drugs -- 4: An Examination of the Agreements and Conventions on Opium and Other Dangerous Drugs Concluded between 1920 and 1944 -- III The Structure and Methods of International Drug Control through the United Nations -- 5: The Organizational Framework of the United Nations in Relation to the Control of Drugs -- 6: An Examination of the Drug Protocols Concluded During the UN Period (Prior to the Single Convention on Narcotic Drugs, 1961) -- 7: An Examination of the Single Convention on Narcotic Drugs, 1961 -- 8: Limitation on Cultivation -- 9: Limitation on the Production of Opium -- 10: Manufacture and Importation of Drugs: Limitation Thereof -- 11: Control of Illicit Trade and Traffic in Narcotic Drugs -- 12: An Examination of the Convention on Psychotropic Substances, 1971 -- IV Contributions of Some of the Inter-Governmental and International Non-Governmental Organizations Concerned with the Eradication of Illicit Trade and Traffic in Narcotic Drugs -- 13: The Organization and Functions of Interpol and the Ingos in the Control of the Drug-Trade -- Conclusions -- League of Nations Documents -- United Nations Documents -- World Health Organization Technical Report Series -- Miscellaneous Documents -- Table of Cases -- Appendices.

Abstract: The need for suppressing the illicit traffic in drugs can hardly be over-emphasized. Yet, the licit uses of drugs, especially for medical and scientific needs, cannot be suppressed. Apparently, it is a ques­ tion of determining the vvorld requirements of drugs for such legiti­ mate uses, and of producing and manufacturing them accordingly. Owing to their multifarious medical uses in various parts of the world, it proves to be almost impossible to determine exactly the amount of drugs required for legitimate purposes. There is also the complicating factor that drugs are used for sociological and religious reasons, which have a long history. Not only arc the licit uses and legitimate amounts of drugs difficult to determine but also such difficulties give rise to illicit traffic in them. Yet, it is believed that a concerted international policy, coupled with national co-operation, on various facets of the related problems-namely, limitation of production and/or manufacture of drugs, restriction on cultivation of plants that may contribute to addiction-producing substances, training and rehabilitation of drug addicts, and efficient national administration-would help eradicate drug-abuse. In search of an appropriate remedy, this book has been devoted to a practical study of the problem and to exploring, in this area of international law, the relationship between the political and econ­ omic interests and the international economic order.

Abstract: Alien Acquisition of Real Property: A Practitioner’s Perspective -- Austria -- Belgium -- Denmark -- England -- Federal Republic of Germany -- France -- Israel -- The Netherlands -- Spain -- Sweden -- Switzerland -- United States -- The European Community -- Index to Major Topics.

Abstract: The concept of the nation-state has as an essential element the control of territory, legal and political authority over the acquisition, ownership, use and disposition of land. The rapid increase during the 1970s in the pace of foreign 1 investment -with the acquisition of real property as a centerpiece-has stirred new concern for the ability and disability of aliens to invest in and acquire title 2 to the physical territory of a given state. With a variety of factors now stimulating 3 foreign investment in land, increased attention has been given in many countries to the role of the state in controlling, inhibiting or prohibiting investment in real property by aliens. English law long ago established that the alien would be subject to significant 4 disabilities in connection with the ownership of land. The imposition of similar 5 restrictions on aliens is found in the early law of most nation-states. Such disabilities have their roots in the feudal period, and it was not until the eighteenth century that the countries of Continental Europe abandoned the absolute 6 prohibition on succession to real property by aliens. The prohibition was replaced by a tax imposed on aliens who withdrew the property of the state of which the decedent was a citizen. Common Law rules restricting alien succession developed in the thirteenth century.

Abstract: The year 1978 marked the thirtieth anniversary of Professor C. J. Ham­ son's 'Summer course for foreign lawyers' and of his untiring efforts not only to introduce the civil lawyer to the mysteries of the Common law but also to bring closer together lawyers from both sides of the Channel. The same year saw the beginning of the 'Cambridge-Tilburg Law Lectures' wh ich developed indirectIy from the 'Summer course' and which seek to achieve similar aims by different methods. The idea of inviting two Cambridge scholars to assist their Dutch col­ leagues in the teaching of the Common law as a regular option for under­ graduate studies is novel and, to judge from first reactions, has so far been successful. The immediate objects are to achieve closer links be­ tween lawyer and Civillawyer; to encourage the further systematic teach­ ing of the Common law; and to produce aseries of lectures, two of which will be published annually in the hope that they may be of inter­ est to a wider public.

Abstract: One: Historical Background -- One: Pre-Islamic Arabia -- Two: Evolvement of Muslim International Law -- Two: Muslim Legal Legacy -- One: Nature and Genesis of International Law -- Two: Sources and Methods of Interpretation of Muslim International Law -- Three: Subjects and Domain of Muslim International Law -- Three: The Muslim Conception of International Law -- One: Muslim Classical Conception of International Law -- Two: The Classical Doctrine Considered -- Three: Towards a Conventional Interpretation -- Epilogue -- Epilogue.

Abstract: The traditional doctrine of Islamic law in regard to international re­ lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu­ ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be­ tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex­ clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.

Abstract: I: The Precedents for United Nations Military Operations -- 1. The UN Action in Korea -- 2. United Nations Truce Supervision Organisation in Palestine (UNTSO) -- 3. United Nations Observation Group in Lebanon (UNOGIL) -- 4. United Nations Emergency Force in the Middle East (UNEF) -- 5. Conclusions -- II: The Historical Background to the Congo Situation -- 1. Historical background of Belgian administration -- 2. Events leading to independence -- 3. Independence and the breakdown of public order -- III: The Factual Context within Which the Basic Resolutions of the Security Council and General Assembly were Made -- 1. The First Phase: 12 July 1960–31 December 1960 -- 2. The Second Phase: 1 January 1961–31 January 1963 -- IV: Constitutional Basis and Effect of the Resolutions Made -- 1. Action by the Security Council — Creation of ONUC -- 2. The Resolutions of the General Assembly -- 3. The role of the Secretary-General under the Charter generally and the specific resolutions -- V: The Functions of ONUC -- 1. To assist the Congolese Government in the restoration and maintenance of law and order -- 2. To assist the Government in restoring and maintaining the territorial integrity and the political independence of the Republic of the Congo -- 3. To prevent the occurrence of civil war in the Congo -- 4. To secure the withdrawal and evacuation from the Congo of all foreign military, para-military and advisory personnel, not under the United Nations Command, and all mercenaries -- VI: The Principles Applied by the Secretary-General to the Operations of the Force -- 1. The Principle of Non-Intervention -- 2. The Principle of Self-Defence -- 3. The Right to Freedom of movement -- VII: Operational Problems Connected with the UN Force -- 1. Methods of raising the Force -- 2. Relations between UN and Contributing States -- 3. Command Structure -- 4. Strategic and political control -- 5. Applicability of the Laws of War -- VIII: Relations between the UN and the “Host” State -- 1. Exclusiveness of UN authority over the Force -- 2. Status of Forces Agreements -- 3. Relations between the UN and Provincial Authorities -- IX: Relations between the UN and Member States Generally -- 1. Expulsion of foreign military, para-military personnel, political advisers and mercenaries -- 2. Unilateral assistance outside UN -- 3. Use of territories -- 4. Economic “Sanctions” -- X: Claims and Responsibility -- 1. Civil Claims -- 2. Criminal Responsibility -- XI: Civilian Relief Operations -- XII: Financing -- 1. The Budget Procedure -- 2. Apportionment of Expenses generally -- 3. Sources of Funds -- 4. Practice followed in relation to ONUC -- 5. Default of payment and the problem of arrears -- 6. Submission of the Finance Question to the I.C.J. -- 7. The Court’s Opinion on the Finance Question -- 8. The question of Suspension -- 9. New Sources of Funds -- XIII: Conclusions -- I. A “Basic Agreement” between the United Nations and the Congolese Government on the Operation of the Force -- II. Agreement between the United Nations and the Republic of the Congo Relating to the Legal Status, Facilities, Privileges and Immunities of the United Nations Organization in the Congo -- III. Charter of the United Nations and Statute of the International Court of Justice.

Abstract: Few episodes in recent history have aroused as much controversy as the United Nations military operations in the Congo. This controversy has no simple, straight-forward, and uniform explanation. Part of the explanation is to be found in the successes and failure of the operation itself; part in its labyrinthine international ramifications. But the most important explanation lies in its significance as a precedent. The ability of the Organization to take "collective measures" to maintain law and order within the territory of a Member State, albeit as a means of preserving international peace, was demonstrated, challenged and criticized. So much has been reported of the details and so varied has been the commentary that only the most intrepid spirit would venture something more with which to detain interested parties. The present study does not pretend to uncover new data so as to complete or correct the his­ torical record; it attempts, rather, to reflect on what has already been brought out and, against that background of factual knowledge, to indi­ cate and examine the legal problems involved. In so doing, it has been necessary to be ruthless in deciding what are central issues and in re­ jecting what is often interesting but probably peripheral.

Abstract: Table des Matières -- Transformation des principes généraux en règles positives du droit international -- Remarques sur l’interdiction d’intervention -- Les problèmes de la subjectivité internationale -- Le statut juridique des partisans et des mouvements de résistance armée: évolution historique et aspects actuels -- Die Vereinigten Nationen und das Kriegsrecht -- International Freedom of Information. New Dimensions -- Observations sur une enquête internationale: L’affaire du „Tavignano“ -- La souveraineté dans l’histoire du droit des gens. De Vitoria à Vattel -- Norwegian Attitude to International and Foreign Judgments. Recent Developments -- The Evolution of Space Law Continues -- Contribution à l’étude des rapports entre le droit international public et le droit international privé -- Betrachtungen zum Europäischen Niederlassungabkommen vom 13. Dezember1955 -- Le rôle de la condition des mains propres de la personne lésée dans les réclamations devant les tribunaux internationaux -- Unverbindliche Abmachungen im zwischenstaatlichen Bereich -- La non-reconnaissance des actes contraires au droit -- La motivation et la révision des sentences arbitrales à la Conférence de la paix de la Haye (1899) et le conflit frontalier entre le Royaume-Uni et le Vénézuéla -- The Problem of the Application of Military Measures by the General Assembly of the United Nations -- Politique et droit dans les Balkans. Etude d’histoire de la diplomatie et du droit international -- The Special Function of the Principle of Restrictive Interpretation -- La règle juridique, le droit subjectif et le sujet de droit en droit international. Essai d’une nouvelle théorie -- Der Primat des Völkerrechts und die Vereinten Nationen -- Bibliographie des travaux scientifiques de Juraj Andrassy.

Abstract: Sociology of Law in Scandinavia -- Sociology of Law in The Netherlands -- The Sociology of Law in Japan -- Law and Sociological Studies in U.S.S.R. -- Studies in the Sociology of Law in Hungary -- The Sociology of Law in the Development of Sociology in Jugoslavia -- The Sociology of Law in Poland -- The Sociology of Law in Spain, Portugal and Latin America -- The Sociology of Law in America -- Legal Sociology in France -- The Sociology of Law in Italy -- The Sociology of Law in the Federal Republic of Germany Current Position and Trends -- Conclusion -- List of Authors.

Abstract: The present volume has been planned and prepared in meetings of the Research Committee for the Sociology of Law of the International Sociological Association at the initiative of its chairman, Renato Treves, who also took upon himself editorial responsibility. The first edition of the volume appeared in Italian under the title La socioZogia deZ diritto. ProbZemi e ricerche. It was published in Milano, August I966. The present English edition has the same contents as the Italian volume with the addition of a concluding chapter by J an Glastra van Loon. This publication was undertaken with the purpose of presenting a survey of recent trends in sociology of law in various countries of the world. We hope that the growing interest in the discipline, as evidenced by the large number of publications issued since the Italian edition of this volume, * may be considered as justification for this undertaking. J. v. L. R. T. * We should like to refer to the Law and Society Review published in the United States, to the issue of Acta Sociologica, September 1966, devoted to sociology of law, and finally to the many papers submitted to and discussed at the meetings of the Research Committee for the Sociology of Law during the VIth World Congress of Sociology at Evian. INTRODUCTION by RENATO TREVES I. The sociology 0/ law in its traditional sense and in its more recent developments. Origin and obfects 0/ this work.

Abstract: I. Ignorance, Formation, and Operation -- Ignorance and Judgment -- Formation of Judgment -- Operation of Judgment -- II. The Limitations of Judgment -- Exaltation and Alteration -- God and Institutions -- The Emotional Nature of Man -- Deficiency: A Practical Guide -- III. Judgment and Being -- Self-Identification -- The Role of Appraisal -- The Problem of Essence and Self-Awareness -- The Nature of Movement and Personality -- The Function of Experience -- The Relationship of Judgment and Life -- IV. The Relationship of Judgment to the Other Faculties -- Entendement -- Sens -- Raison and Discours -- Conscience -- Conclusion.

Abstract: I Basic Texts and General Information -- I. Basic Texts -- II. The European Commission of Human Rights -- III. The European Court of Human Rights -- IV. Principal Developments in the Council of Europe Concerning the Protection of Human Rights -- II Decisions of the European Commission and the European Court of Human Rights -- I. Cases Before the Commission -- II. Case Struck off the List After Being Declared Admissible -- III. Case Having Resulted in a Friendly Settlement -- IV. Cases Brought Before the Court -- III The Convention within the Member States of the Council of Europe -- I. The Convention in the Parliaments of the Member states -- II. The Convention in the Domestic Courts of the Contracting Parties -- Appendix Documentation and Bibliography -- A. Council of Europe Documents -- B. Selective Bibliography of Publications Concerning the European Convention on Human Rights -- Alphabetical Index.

Abstract: Table Des MatiÈres -- Transformation des principes généraux en règles positives du droit international -- Remarques sur l’interdiction d’intervention -- Les problèmes de la subjectivité internationale -- Le status juridique des partisans et des mouvements de résistance armée: évolution historique et aspects actuels -- Die Vereinigten Nationen und das Kriegsrecht -- International Freedom of Information. New Dimensions -- Observations sur une enquête internationale: L’affaire du „Tavignano” -- La souveraineté dans l’histoire du droit des gens. De Vitoria à Vattel -- Norwegian Attitude to International and Foreign Judgments. Recent Developments -- The Evolution of Space Law Continues -- Contribution à l’étude des rapports entre le droit international public et le droit international privé -- Betrachtungen zum Europäischen Niederlassungsabkommen vom 13. Dezember 1955 -- Le rôle de la condition des mains propres de la personne lésée dans les réclamations devant les tribunaux internationaux -- Unverbindliche Abmachungen im zwischenstaatlichen Bereich -- La non-reconnaissance des actes contraires au droit -- La motivation et la révision des sentences arbitrales à la Conférence de la paix de la Haye (1899) et le conflit frontalier entre le Royaume-Uni et le Vénézuéla -- The Problem of the Application of Military Measures by the General Assembly of the United Nations -- Politique et droit dans les Balkans. Etude d’histoire de la diplomatie et du droit international -- The Special Function of the Principle of Restrictive Interpretation -- La règle juridique, le droit subjectif et le sujet de droit en droit international. Essai d’une nouvelle théorie -- Der Primat des Völkerrechts und die Vereinten Nationen -- Bibliographie des travaux scientifiques de Juraj Andrassy.

Abstract: I: International Custom: its Statics and Dynamics -- Some Traditional Criteria of the Growth of International Custom -- The Law of the Continental Shelf in Theory -- II: The Continental Shelf, its Utilization and Control -- The Continental Shelf and its Riches -- National Shelf Policies -- Industrial Involvement on the Shelf -- The Shelf and the State -- Political and Industrial Limits of the Shelf -- III: Political and Legal Problems of the Continental Shelf: an Outline -- Political and Legal Aspects of the Doctrine: 1945 -- Conceptual Enlargement of the Shelf Doctrine: 1945–1958 -- The 1958 Conference on the Law of the Sea -- IV: Bilateral Perspectives of the Legal Regime of the Continental Shelf -- American and British Shelf Practice in the 1940’s -- Coastal Right of Exclusive Control in Bilateral Perspectives -- Shelf Utilization and Responsibility of States: From Bilateral to Multilateral Perspectives -- Provisional Conclusions -- V: The Continental Shelf and International Custom: Assessment and Conclusions -- The Continental Shelf Regime -- International Custom: Aspects of Growth -- Selected Bibliography.

Abstract: One of the reasons for the speed with which international law has been changing in recent years has been the acceleration in the development of technology. New technological capabilities create opportunities for new kinds of economic activities which in turn require new legal norms to regulate them. Many such norms are formulated by express agreement and embodied in multilateral treaties. Much of contemporary air and space law is being developed by this method. For various reasons, however, the treaty­ making process is not always adequate for the development of new law, at least in its initial stages. Express agreement of a substantial majority of states on norms formulated with some precision requires much time and effort. Eighteen years have passed, for example, since the United Nations International Law Commission began its work on the law of the sea which led to the formulation of four conventions at the Geneva Conference of 1958 on this subject. Ten years after this Conference, none of the four conventions has been ratified or acceded to by a majority of the states of the world. It is not surprising, therefore, that in some fie1ds new law first emerges as a set of customary norms of varying degrees of c1arity and general accep­ tance. But the nature of the process of development and change of customary norms has remained inadequately understood and explained in the theory of intemationallaw. Some eminent jurists have called it "a mystery.

Abstract: Some general features of Soviet private international law. Legal sources -- General Part -- I. Soviet criticism of Western public policy -- II. Soviet legal writers on their own system -- III. General remarks on the current doctrines of public policy and the approach to be followed -- Special Part -- I. Soviet legislative public policy -- II. Soviet judicial public policy -- Summary and Final Remarks -- Samenvatting -- List of Laws and Legal Digests -- List of Cases.

Abstract: This study is based on original Russian sources, due atten­ tion being paid to some authoritative views advanced by foreign lawyers. Leaving aside the essentials of the work in the hope that they will speak for themselves; I should like to make some prelim­ inary remarks regarding the linguistic and other formal aspects. First of all it should be noted that many of the Soviet laws have already been translated into English either in the USSR itself or in Western countries. This fact is fully reflected in the bibliographical survey at the end of this study. Some laws have been translated both in the Soviet Union and abroad, as for instance the Fundamentals of Soviet Civil Legislation. In such a case I have used the translation made in the USSR even though linguistically it may be inferior to the translation made in the West. The author has translated only those legal provi­ sions of which no English translation was available. For transliteration, I have used the system of the Library of Congress of the USA without its diacritical marks. Further, a word should be said about the references in the notes. They are very brief and consist of the surnames of the authors concerned and if necessary an additional element, e. g.

Abstract: I: Equality of Treatment, Trade Discrimination and International Law -- I: Introduction -- II: Trade Discrimination and International Law -- II: Most-Favoured-Nation Clause vs. Discrimination in Gatt -- III. Background to M. N. F. Clause in Gatt -- IV: Equality of Treatment vs. Discrimination in Gatt: Article I(I) -- V: Exceptions to M. F. N. Clause in Article I (I) and Discrimination -- VI: Exceptions in Favour of Frontier Traffic, Customs Unions, Free Trade Areas and Discrimination -- VII: Equality of Ttreatment vs. Discrimination in Other Articles of GATT -- VIII: Quantitative Restrictions and Non-Discrimination -- IX: Remedies and Organisational Structure -- X: Conclusions.

Abstract: Doctor Hyder's meticulous and comprehensive study throws much­ needed light on the often invoked but little understood concept of "discrimination" in international law. It is also of great practical value to those who are concerned with the law of international trade. "Discrimination" is a word with bad connotations. It suggests un­ fairness, prejudice and favouritism. It seems to point to adeparture from the ideal of equal opportunities, equal rewards and even-handed legal protection of all human beings without regard to differences of race, religion, ethnic origin or sex. Similarly, in public international law "discrimination" suggests violation of the principle of equality of states. Yet there are vast areas of international relations in whieh states are regarded as being legally free, except as specially provided in treaties, to make distinctions between other states or their nationals. The principle of equality of states merely means that the many rules constituting what is often called "general (or universal) international law" apply equally to all independent states. Hence, by definition, such states have equal rights and duties under general international law. But the latter leaves vast areas of transnational activity to be regulated by states at their discretion either unilaterally or by special agreement with other states. No state has, in fact, exactly the same totality of rights and duties as other states, since no two states are parties to exactly the same treaties. By treaty, astate often grants to another state a right which it may withhold from third states.

Abstract: I: Introduction -- 1. Outline -- 2. Ships -- 3. Nationality -- II: The Meaning of Allocation -- 1. Introduction -- 2. The term jurisdiction -- 3. Which international person may have the power to prescribe rules of conduct, to threaten sanctions, and to enforce sanctions with regard to the ship-users? -- 4. The right to prescribe rules for ship-users -- 5. The right to enforce sanctions against ship-users -- 6. The right of protection -- 7. The duties of the flag state -- III: Acquisition of Allocation -- 1. Introduction -- 2. Terminology -- 3. The relation between immatriculation, “nationality”, “registration”, “documentation” and “flag” -- 4. The cognoscible decision to immatriculate -- 5. Multiple allocation -- 6. Fraud -- 7. Evidence of allocation -- IV: Sufficient Authority -- 1. Introduction -- 2. History of the third sentence of article 5 -- 3. Exclusive authority -- 4. The purpose of the “genuine link” -- 5. “Genuine link” — the expression and its concretion -- 6. Means — government agencies outside the flag state -- 7. Means — government agencies within the flag state -- 8. A complete and a partial irrelevance -- 9. The “genuine link” a condition and a precept -- 10. Some conclusions with respect to the application of the “genuine link” rule -- V: Three Particular Questions -- 1. Loss and change of allocation -- 2. Statelessness -- 3. International Organizations -- VI: Summary -- Cases Mentioned in the Text -- General Index.

Abstract: It gives me great pleasure to introduce this work by Dr. H. Meyers. The problem of "The Nationality of Ships" has long been one of the most difficult problems in the international law of the sea. It has been made more acute recently by the growth of "flags of convenience". Legally, the problem has been complicated or simplified-according to one's point of view-by the emergence of the concept of the "genuine link" associated with the Judgment of the International Court of Justice in the Nottebohm case (second phase) in 1955. Other develop­ ments have included the thorough preparatory work of the Internation­ al Law Commission leading up to the United Nations Conference on the Law of the Sea, held in Geneva in 1958; the debates at that Con­ ference and particularly its adoption of the Convention on the High Seas; and finally the Advisory Opinion of the International Court of Justice in the case concerning the Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Consultative Organisation in 1960. All these developments have thrown light on the problem ofthe allocation of ships to one or other of the politically organised territorial communities (or States) of which the present international society is largely composed. But an agreed solution acceptable to all the interests concerned seems as far away as ever. The question of ships operated by international institutions such as the United Nations is another problem which awaits a satisfactory answer.

Abstract: I. The Evolution of the Treaty-Making Power in the British Commonwealth of Nations -- Introductory -- 1. Developments before 1914 -- 2. Developments during World War I -- 3. Developments in the Interwar Period -- 4. Developments after World War II -- II. The Evolution of the Treaty-Making Power in the Commonwealth of Australia -- Introductory -- 1. Developments prior to Federation -- 2. Federation of the Commonwealth of Australia -- 3. Early Developments after federation -- 4. Developments after World War I -- 5. The Status of the Commonwealth after World War II -- III. Constitutional Framework -- 1. Constitutional Provisions -- 2. Discussion of Constitutional Amendments -- 3. Conclusions -- IV. The Prerogatives of the Crown and Treaty-Making -- (i) The Crown as a Juristic Entity -- (ii) The Prerogative of Peace and War -- (iii) The Prerogative of Treaty-Making as an Executive Act -- (iv) The doctrine of indivisibility -- V. Negotiation and Conclusion -- (i) Appointment of Australian Plenipotentiaries -- (ii) Negotiation of Treaties -- (iii) Consultation of State Governments by the Federal Executive -- (iv) Cabinet approval and the Competence of the Minister of State for External Affairs -- (v) Issuance of Full Powers -- (vi) Issuance of Full Powers in the case of “Heads of States” Treaties -- (vii) Signature of the Australian Representative -- VI. Ratification and Implementation -- Introductory -- VII. Treaty Implementation and Constitutional Limitations -- 1. International Law and Australian Municipal Law -- 2. Judicial interpretation of the “External Affairs” Clause -- 3. Constitutional limitations upon the power to conclude treaties -- VIII. The Competence of the States in “External Affairs” -- (i) State representation abroad -- (ii) State and United Kingdom relations -- (iii) State Reciprocity Legislation -- (iv) State Legislation and Treaty Implementation -- IX. Federalism, Constitutionalism, and Internationalism -- Appendices -- Selected Bibliography.

Abstract: In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty­ making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen­ sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty­ making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.

Abstract: I Introduction -- II The basis of and reason for a sociological approach -- III The method of the sociological approach -- IV International law and sociology -- V The “sociological jurists” -- VI The theory of international relations -- VII The sociological theories -- I. The philosophical systems of sociology -- II. The middle and small range theories -- VIII The concepts of formal and informal structure -- IX The reality structure of world society -- X The formal structure of world society -- XI The interaction between formal and informal structure -- XII The “change” factor in world society -- XIII About the image of the future.

Abstract: The academic or scientific occupation with international relations is not always an encouraging task. At times one gets an image of the enormous psychic and physical forces which operate in the international realm, and it then seems that the role of the publicist is almost a negligible one. If one, in addition, arrives at the conclusion that human social action is not really a volitional process, then there is indeed ample room for pessimism and despair. Nevertheless, in the complexity of our consciousness, the different elements of which life is made of blend into a unity of which the idea is as much a part or even more so than the deed or action. The stress on action expresses the crudeness of our times but the idea has been much more the motivation of history and its cohesive force over long periods. Action in terms of force is never in itself the entire solution because it carries no conviction or understanding, at least unless its role is a very moderate one.

Abstract: I Declarations and the Development of International Law -- 1. The Nature of the Declarations -- 2. Significance of Declarations in Relation to Specific Powers of the Assembly under the Charter -- 3. Significance of Declarations as Interpretation and Application of International Law -- 4. Declarations as Subsequent Practice and as Aid in the Judicial Interpretation of the Charter -- 5. Declarations as Evidence of Custom or General Principles of International Law -- 6. Declarations as Agreements Within the United Nations System -- 7. Factors Affecting the Significance of Declarations -- II Declarations Which Purport to State Existing Principles of International Law -- 1. Permanent Sovereignty Over Natural Wealth and Resources -- 2. The Declaration on the Prohibition of the Use of Nuclear and Thermo-Nuclear Weapons -- 3. The Resolution Affirming Principles of International Law embodied in the Charter of the Nurnberg Tribunal -- III Declarations Which Purport to Create New Principles of International Law -- 1. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space -- IV Declarations Intended to Promote Specific Charter Programs -- 1. The Declaration on the Granting of Independence to Colonial Countries and Peoples -- 2. The Universal Declaration of Human Rights -- 3. The Declaration on the Elimination of All Forms of Racial Discrimination -- 4. The Declaration of the Rights of the Child -- V Significance of Declarations in the Practice of States and of International Organizations -- 1. Significance of Declarations in the Practice of States -- 2. Significance of Declarations in International Organizations -- Conclusion.

Abstract: Mr. Asamoah's book is concerned with an area of growing importance in the evolution of contemporary international law. The traditional division of the sources of International law into custom and treaties has already been supplemented in Article 38 of the Statute of the International Court of Justice by the "general principles of law re­ cognized by civilized nations" and-as subsidiary sources, the judicial decisions and the teachings of highly qualified publicists. But in order to cope with the diversity of international law in our time, we have to look to a far greater variety of sources of international law, and we shall have to recognize that, in accordance with the many-sided character of international law, these sources may vary greatly in intensity. In recent years, Declaratory Resolutions of the General Assembly have been much concerned with the general princi­ ples of international law. Sometimes these Declarations are interpre­ tations of the Charter and other instruments; sometimes they are evi­ dence of state practice and a developing customary international law ; sometimes they formulate new principles which, in some cases will eventually lead to international treaties or new custom, or in other cases will be accepted as authorative statements of international legal principles, in circumstances where a formal treaty cannot be attained. There are many reasons--often of an internal character-which prevent the conclusion of a treaty but not the acceptance of the principles contained in it.

Abstract: I. Introduction -- II. Fundamental Law -- III. The Establishment of the Commonwealth, 1648-1653 -- IV. Agitation for Law Reform, 1649-1653 -- V. Barebone’s Parliament -- VI. The Protectorate -- VII The Last Years of The Protectorate -- Epilogue.

Abstract: Throughout this essay all dates are given in New Style. When pamphlets were originally dated Old Style, the new date has been substituted. In all quotations the original seventeenth-century spelling has been retained. A "sic" is placed in the quotation only where it appears to be certain that there has been a misprint in the original. I want to express my sincere gratitude to the late Professor Garrett Mattingly of Columbia University for his inspiration and guidance during the years spent under his sponsorship. It was a rare privilege to study under him. Professor Sidney Burrell of Barnard College offered many constructive suggestions and I am most appreciative of the kind interest he took in the completion of this study. I also wish to thank the editors of The American Journal of Legal History for publishing some of my material on Chancery reform in their Journal. The staff of the North Library of the British Museum was most helpful in making available the many volumes of the Thomason Collection. Thanks are also due to the staff of the Library of Union Theological Seminary who helped in the location of materials from the McAlpin Collection.

Abstract: I. Implementing Man’s Natural Rights: The Developing International Law -- Failure at the International Level -- The Regional Approach -- Purpose of the Study -- The Natural Rights of Man -- II. The Development of Procedural Remedies -- From Antiquity to the Modern State -- The Status of the Individual under Roman Law -- Present Theories of Individual Procedural Status -- Other Subjects of the Law -- Early International Courts -- III. The Inter-War Period -- The U.S.-Mexican Mixed Claims Commission -- Mixed Claims Commissions -- Arbitral Tribunals -- IV. The Efforts of the United Nations -- Failure at the International Level -- International Labour Organization -- International Court of Justice -- V. The Council of Europe: Political Unification -- The Realization of an Ideal -- The Council of Europe and Unification -- The Individual and the Commission Convention of Human Rights -- Protection of States -- Regional Tribunals and the Individual Commission of Human Rights -- The Court of Human Rights -- Committee of Ministers -- The Individual as a Beneficiary -- Conclusions: Political Organizations -- VI. European Economic Organizations -- The Common Market -- Economic Integration of Europe -- The European Communities and the Individual -- Combined Community Court -- The Individual and the EEC -- The Role of the Court in an Expanding Legal System -- Treaty Texts and the Individual -- Article 177 and the Individual -- Court Decisions and Individual Rights -- Advisory Jurisdiction -- The Individual as a Beneficiary -- Organization for Economic Cooperation and Development -- Conclusions: Economic Organizations -- VII. Conclusions -- Individual Right of Action -- Political and Economic Organizations Compared -- The Future Global Efforts -- International Court of Justice -- Private Undertakings -- Trend of World Law -- Table of Cases -- Subject Matter Index -- Index of Authorities.

Abstract: The most important sipgle factor in guaranteeing the effective pro­ tection of human rights - including economic and property interest- is that private individuals and groups be capable of maintaining a judicial action against any sovereign State causing them injury. Thus, individuals must possess the necessary locus standi at both the regional and international levels. A private individual must be able to prosecute an action before an international tribunal - in his own name - against an offending Government, particularly his own. Unfortunately, this necessary right of action was not recognized under traditional internatio­ nallaw. It is only very recently, since the adoption of the European Convention of Human Rights and the Establishing Treaty of the Common Market, that nongovernmental entities have achieved locus standi before international courts. As this book is being written, it is no longer valid to hold that only States are procedural subjects of international law. Nevertheless, it must - tragically - be conceded that individuals do not enjoy the same standing as Member States. This same generalization applies to the United Nations. Starting with the proposition that the individual is a subject of the Law, this book not only analyses examples supporting this viewpoint, but it concentrates on the more important shortcomings, primarily those existing within the Council of Europe, the European Economic Community, and the United Nations. Therefore, recommendations are offered as to the specific improvements that must be made.

Abstract: I. Historical Survey of the Treaty-Making Practice of International Organizations -- A. Introduction -- B. Treaty-Making Practice in the Inter-War Period -- C. Development after the Second World War -- II. The Basis of the Treaty-Making Capacity of International Organizations -- A. Introduction -- B. Constitutional Provisions -- C. International Personality -- D. The Implied Power Theory -- E. The Basis of Treaty-Making Capacity -- III. The Conclusion of Treaties -- A. Form of Agreements -- B. Constitutional Requirements — Limitation on the Treaty-Making Capacity of International Organizations -- C. Constitutional Requirements — Organs Competent to Conclude Treaties -- D. Procedure of Conclusion -- IV. Certain Kinds of Treaties -- A. Succession Agreements -- B. Relationship Agreements -- C. Institutional Treaties -- D. Trusteeship Agreements -- E. Technical Assistance Agreements -- F. UNICEF, Special Fund, and OPEX Agreements -- G. Loan and Guarantee Agreements -- H. Conclusion -- V. The Legal Character of Agreements Concluded by International Organizations -- A. Introduction -- B. Legal Character in General -- C. Tests to Decide the Legal Character of An Agreement -- Conclusions.

Abstract: Mter an international organization is established, if it is necessary for it to acquire certain rights or assume duties or new functions not provided in its constitution, there are four techniques to achieve that 1 end. The first is to amend the constitution of the organization. If the organization has only a limited number of members, then this technique is not too cumbersome. But, the procedure for amending a constitution is usually complicated and requires a substantial period of time. Thus this technique has at least the disadvantage of delay. 2 The second technique is to conclude a treaty among the member States of the organization. The organization is not a party to that treaty, but it can acquire some rights, assume some duties, or new functions under the treaty. 3 The disadvantage of this technique is similar to the first one, i. e. , the conclusion of a multilateral treaty may mean delay since the procedure involved is so complicated and cumber­ some. 1 E. g. , the Constitution of the ILO, Cmd. No. 393 (T. S. No. 4 of 1919), [1919] 13 Foreign ReI. U. S. : Paris Conf. 695 (1947), was amended on October 9, 1946,62 Stat. 3485, T. I. A. S. No. 1868, 15 U. N. T. S.

Abstract: I. Statement of the Problem -- II. Jurists and Unilateral Denunciation -- Zouche -- Wolff -- Grotius -- Vattel -- Wildman -- Rivier -- Halleck -- Kent -- F. von Martens -- Calvo -- Bonfils -- Bello -- Cavaglieri -- Guggenheim -- Ross -- Liszt -- Bluntschli -- Sauer -- Spiropoulos -- Schwarzenberger -- Fauchille -- Rousseau -- Anzilotti -- Verdross -- Fenwick -- Dupuis -- Axell Moller -- Fiore -- Wheaton -- Moore -- Pitt Cobbett -- Hall -- Crandall -- Oppenheim -- Hyde -- Brierly -- McNair -- Fitzmaurice -- Korovin -- The Harvard Research in International Law -- The American Law Institute -- The United Nations International Law Commission -- Conclusion -- III. Judges and Unilateral Denunciation -- The Tacna Arica Case -- The Diversion of Water from the Meuse Case -- Ware v. Hylton -- In re Thomas -- Hooper v. The United States -- The Chinese Exclusion Case -- Terlinden v. Ames -- Charlton v. Kelly -- The Blonde and Other Ships Case -- In re Lepeschkin -- Attorney-General of the Court of Appeal of Brussels v. Aron -- In re Totarko -- Security for Costs (Switzerland) Case -- Conclusion -- IV. Private Law Analogy and Unilateral Denunciation -- French Law -- German Law -- Other Continental and Latin American Legal Systems -- English Law -- American Law -- Indian Law -- Soviet Law -- Islamic Law -- Japanese Law -- Chinese Law -- Conclusion -- V. Related Problems -- Pacta Sunt Servanda and Unilateral Denunciation -- Unilateral Denunciation and Unanimity Rule -- The Rule of Extinctive Prescription and Unilateral Denunciation -- A Violated Treaty — Void or Voidable ? -- The Limitation of Substantial Breach -- The Principle of Severability of Provisions -- Unilateral Denunciation and Law-Making Treaty -- The Concept of the Rule of Law and Unilateral Denunciation -- The Sanction of What is Proper and Public Opinion -- VI. Practice of States and Unilateral Denunciation -- The Anglo-American Treaty of Peace of 3 September 1783 -- The Franco-American Treaties, 1778–1790 -- The Ancient Anglo-Spanish Treaties -- Convention between Great Britain, the Netherlands and Russia, 19 May 1815 -- The Russo-British Convention of 16 November 1831 -- The Declaration of Paris of 1856 -- The Anglo-Transval Boers Agreement of 1852 -- The Treaty of 11th May 1867 on the Neutrality of Luxemburg -- The Treaty of London of 1839 on the Neutrality of Belgium -- The Treaty of Paris of 1856 -- The Anglo-Uruguayan Postal Agreement of 28 November 1853 -- The Anglo-Honduran Agreement of 27 August 1856 -- The Proposed Anglo-American Treaty of Extradition of 1876 -- The Anglo-American Treaty of Extradition of 9 August 1842 -- The Clayton-Bulwer Treaty of 19 April 1850 -- The Sino-American Treaties, 1844–1880 -- Reciprocal Trade Agreements between the U.S.A. and Other States -- The Italo-American Extradition Conventions of 8 February 1864 & 1884 -- The Russo-American Treaty of Commerce and Navigation, 1832 -- The Fifth Treaty of the Triple Alliance, 5 December 1912 -- The Prusso-American Treaty of Commerce and Navigation, 1828 -- The Japanese-American Agreement of 1907–08 -- Statute of the Permanent Court of International Justice -- Treaty for the Renunciation of War (Briand-Kellog Pact), 1928 -- Treaty of Friendship, Commerce and Consular Rights between Germany and the United States, 8 December 1923 -- The Versailles Treaty, 28 January 1919 -- The Locarno Treaty, 16 October 1925 -- The Anglo-Guatemalan Treaty of 1859 -- The International Load Line Convention, 5 July 1930 -- The Munich Agreement, 29 September 1938 -- The Soviet-Yugoslav Treaty, February 1948 -- Yugoslav-Albanian Treaties -- The Hungaro-Yugoslav Treaty of 24 July 1947 -- The Soviet-Yugoslav Treaty of Friendship, 11 April 1945 -- The Polish-Yugoslav Treaty of Friendship, 18 March 1946 -- The Hungaro-Yugoslav Treaty of Friendship, 8 December 1947 -- Bulgar-Yugoslav Treaties -- The Czechoslovak-Yugoslavian Treaty of 9 May 1946 -- Albano-Yugoslav Treaty of Friendship, 9 July 1946 -- The Anglo-Egyptian Treaty of Friendship and Alliance, 12 August 1936 -- The Anglo-Egyptian Conventions of 1899 on the Sudan -- The Italian Peace Treaty, 10 February 1947 -- The Sino-Soviet Treaty of 24 August 1945 -- The Soviet-British Treaty of Alliance of 1942 and the Franco-Soviet Treaty of Alliance of 1944 -- The Anglo-Egyptian Treaty on the Suez Canal Base, 1954 -- The Quadripartite Agreements of 1944 and 1945 on Berlin. -- Agreement Relative to the Withdrawal of Offensive Weapons from Cuba, October 1962 -- Treaty on a Partial Test Ban, July 1963 -- Conclusion -- VII. Discussions Relative to Unilateral Denunciation in International Organisations and Conferences -- The Danube Convention and Conference -- The Palestine Armistice Agreements, 1949 -- The Korean Armistice Agreement of 1953 -- Conclusion -- VIII. Conclusions -- Selected Bibliography.

Abstract: In a world still divided into sovereign states and possessed of no institutions for comprehensive centralised regulation of transnational interests and activities, treaties are steadily increasing in number and importance as an imperfect but indispensable substitute for such regulation. Through multilateral conventions, the world community seeks to establish widely accepted standards of state conduct in the general interest; and many international agreements are concluded for the purpose of regulating the relations between two or more states by creating contractual bonds of reciprocal nature between them. Despite the non-existence of anything resembling a world govern­ ment with effective power to enforce international law, most treaties are observed with a high degree of regularity. States normally carry out their treaty commitments because it is in their interest to do so. A treaty is made because two or more states have a common or mutual interest in establishing a new relationship or modifying an existing one. The natural penalty for the violation of a treaty establishing or regulating a mutually desired relationship is the disruption or im­ pairment of the latter. When national policies change, clauses per­ mitting termination or withdrawal by a unilaterally given notice often serve as safety valves which prevent pressures for treaty violations from building up. But there remains a residue of situations in which a state fails to live up to its obligations under a treaty still in force.

Abstract: One Diplomatic Relations, Functions and Privileges -- I. Historical Introduction -- II. Relations between Nations -- III. Establishment and Conduct of Diplomatic Relations -- IV. Functions of a Diplomatic Agent -- V. Diplomatic Immunities and Privileges -- VI. Position in Third States -- VII. Termination of a Mission -- Two Consular Functions, Immunities and Privileges -- VIII. Consular Relations in General -- IX. Consular Functions -- X. Consular Privileges and Immunities -- XI. Termination of Consular Functions and Position in Third States -- Three International Law — Selected Topics -- XII. Diplomatic Protection of Citizens Abroad -- XIII. Passport and Visas -- XIV. Asylum and Extradition -- XV. Commercial Activities of States and Immunities in Relation Thereto -- XVI. Recognition of States and Governments -- XVII. Treaty Making -- Appendices -- I. Extracts from the Vienna Convention on Diplomatic Relations, 1961 -- II. Extracts from the Vienna Convention on Consular Relations, 1963 -- Agreements, Treaties and Conventions -- National Laws and Regulations.

Abstract: It gives me great pleasure to write a foreword to :\1r. Sen's excellent book, and for two reasons in particular. In the first place, in producing it, Mr. Sen has done something vvhich I have long felt needed to be done, and which I at one time had am­ bitions to do myself. \Vhen, over thirty years ago, and after some years of practice at the Bar, I first entered the legal side of the British Foreign Service, I had not been working for long in the Foreign Office before I conceived the idea of writing - or at any rate compiling - a book to which (in my own mind) I gave the title of "A ~fanual of Foreign Office Law. " This work, had I ever produced it in the form in which I visualised it, could probably not have been published con­ sistently with the requirements of official discretion. But this did not worry me as I was only contemplating something for private circulation within the Service and in Government circles. :Mr. Sen's aim has been broader and more public-spirited than mine was; but its basis is essentially the same.

Abstract: I. Introduction -- 1. The acquisition of territory: the evolution of the modern concept -- 2. The acquisition of territory: the differing approach of academic and practising lawyers -- 3. The various modes of acquiring territory — Classification -- 4. Plan of the work -- II. Prescription in International Law -- 5. The distinction between acquisitive prescription and extinctive prescription -- 6. Prescription as a private law concept -- 7. Private law concepts in international law -- 8. Divergence of the definition of prescription between the continental and English legal systems -- 9. Prescription in municipal law — Roman law -- 10. Prescription in municipal law — English law -- 11. Prescription in municipal law — Conclusions -- 12. Doctrinal reasons for the existence of prescription in international law -- 13. The existence of prescription in international law ? Opinions of writers -- 14. The existence of prescription in international law — Judicial decisions rendered by international tribunals -- 15. The existence of prescription in international law — Judicial decisions rendered by municipal courts -- 16. The existence of prescription in international law — Practice of States -- III. Acquiescence as the Juridical Basis of an Historic Title -- 17. General -- 18. The creation of a customary rule of international law — The generality of practice and the time element -- 19. The creation of a customary rule of international law — Opinio jurisand acquiescence -- 20. The consensual basis of customary international law -- 21. Recognition and acquiescence -- 22. The role of the time element in the creation of special customary or “historic” rights -- 23. Some historic rights viewed as remainders of more extensive ancient rights -- 24. Non-exclusive historic rights -- 25. Acquiescence versus prescription as the legal basis of historic rights -- 26. Acquiescence as the juridical basis of historic rights — Opinions of writers -- 27. Acquiescence as the juridical basis of historic rights — Opinions of learned bodies -- 28. Acquiescence as the juridical basis of historic rights — Decisions of international tribunals -- 29. Acquiescence as the juridical basis of historic rights — Decisions of municipal courts -- 30. Acquiescence as the juridical basis of historic rights — State practice -- 31. Acquiescence and estoppel -- IV. The Requirements for the Formation of an Historic Title and its Constituent Elements -- 32. Introductory -- 33. Effective display of State authority — General -- 34. Effective display of State authority — The notion of continuity in respect of territorial situations -- 35. Effective display of State authority — Intention and will to act as sovereign -- 36. Effective display of State authority — Manifestations of State sovereignty -- 37. Effective display of State authority — Possession à titre de souverain -- 38. Acquiescence in the display of State authority — General -- 39. Acquiescence in the display of State authority — The meaning of “acquiescence” -- 40. Notoriety of territorial situations -- 41. Is notification a prerequisite of notoriety? -- 42. Constructive knowledge -- 43. The plea of excusable ignorance -- 44. The relevance of protest to the formation of an historic title -- 45. The conditions for the validity of a protest -- 46. Anticipatory protest -- 47. Protest as a bar to the acquisition of an historic title -- 48. The repetition of protest -- 49. The relevance of the protest of a single State -- 50. Lack of protest does not always indicate acquiescence -- 51. The geographical element in the formation of an historic title -- 52. The role of “legitimate interests” in the formation of an historic title -- 53. The role of the time element in the formation of an historic title -- V. Miscellaneous Problems of Interpretation and Evidence Relating to the Acquisition of an Historic Title -- 54. General -- 55. The application of intertemporal law in the interpretation of an historic title -- 56. The selection, of the “critical date” -- 56. 57. The relative strength of competing claims -- 58. The burden of proving an historic title -- 59. Strict geographical interpretation of an historic title -- VI. Juridical Aspects Specifically Related to the Formation of Maritime Historic Titles -- 60. General -- 61. The impact of the principle of the freedom of the high seas on the formation of maritime historic rights -- 62. What is international acquiescence? -- 63. Manifestations of State authority over maritime areas -- 64. Historic waters — Historic bays in general -- 65. Can multinational bays be claimed as historic bays? -- 66. The effects of territorial changes along the coast of a bay -- 67. Historic waters other than historic bays — Historic rights of delimitation -- 68. Historic waters other than historic bays — Water areas lying within and around island formations -- 69. Historic waters other than historic bays — Historic rights to a greater breadth of the territorial sea -- 70. The juridical status of historic waters — Historic waters are internal waters -- 71. The juridical status of historic waters — The distinction between internal inland waters and internal non-inland waters -- 72. The juridical status of historic waters — Multinational bays -- 73. Non-exclusive historic rights over maritime areas -- 74. Historic rights of fishing -- 75. Are claims to the sea-bed and subsoil of an “historic” character ? -- 76. Sedentary fisheries as historic rights -- VII. Conclusions -- 77. Consolidation as the legal root of historic titles -- 78. Critical appraisal of the doctrine of historic titles -- Appendix — Uti possidetis in international law -- Selected bibliography -- Index of Names -- General Indepc.

Abstract: The question of Historic Titles in International Law has been much discussed in recent years. In particular, it was an issue of some im­ portance in several international arbitrations, such as the Gulf of Fon­ seca case, decided by the Central American Court of Justice; the Island of Palmas case, decided by Judge Huber as sole arbitrator, under the auspices of the Permanent Court of Arbitration; the case concerning the Legal Status rif Eastern Greenland before the Permanent Court of International Justice; and, more recently still, the cases concerning Fisheries (United Kingdom v. Norway); Minquiers and Ecrehos Islets (U nited Kingdom v. France) ; Certain Frontier Land (Belgium v. N ether­ lands); and Temple rif Preah Vihear (Cambodia v. Thailand), before the International Court of Justice. Historic Titles are probably also a re­ levant factor in a number of territorial disputes that have not yet been submitted to arbitration or judicial settlement. The recent controversies over the proper breadth for the territorial sea and the exclusive fishing limits of coastal States have brought to the fore new aspects of the problem.

Abstract: to Part I -- I. Nature and Scope of the Problem -- II. The Historical Development of Diplomatic Asylum in Latin America -- III. Opinio Juris Sive Necessitatis and the Practice of Diplomatic Asylum -- IV. Establishing a Legal Basis through Multilateral Conventions and Treaties -- V. Diplomatic Asylum in Latin American Practice -- VI. United States Practice in Latin America -- VII. Asylum in Consulates -- To Part II -- VIII. Qualification of the Offence: Treaties -- IX. The problem of “Political” Offences -- X. Qualification of the Offence: Practice -- XI. Legal Norms and Political Reality -- Appendices -- Convention on Asylum, La Habana, 1928 -- Convention on Asylum, Montevideo, 1933 -- Convention on Asylum, Caracas, 1954 -- Summary of Cases cited by Colombia in the Colombian-Perúvian -- Asylum Case -- Summary of Cases to which the U.S. has been a Party Cited by Colombia in the Colombian Perúvian Asylum Case.

Abstract: The legal status of the institution of diplomatic asylum really presents two separate questions. (I) Is there evidence that states have regarded the practice of granting such asylum to political refugees as sanctioned by a rule of international law? (2) Assuming this to be the case, does the available evidence make it possible to define a "political refugee" and to determine which party to a dispute has the right to decide upon this question? While in many cases the two questions are not dearly separated in the discussions between the parties involved, they will be treated separately in the following pages. Part one will attempt to answer this question: Assuming the political nature of an offence can be establish­ ed, is there evidence that states have regarded the practice of granting diplomatic asylum as sanctioned by a rule of international law? Obviously, the two questions cannot be separated entirely but it seems advisable to try to isolate them as much as possible. CHAPTER I NATURE AND SCOPE OF THE PROBLEM The term "asylum" is used to identify such a variety of phenomena that the following distinctions must be made before the problem can be properly discussed I. Between diplomatic and territorial asylum. The importance of this distinction was pointed out by the International Court of Justice in the Colombian-Peruvian Asylum Case,l often referred to as the Haya de la Torre Case.

Abstract: I. Introduction -- § 1. Basis and Function of Private International Law. Terminology -- § 2. The History of Private International Law in Sweden -- § 3. Sources of Swedish Private International Law -- II. The Material -- § 4. General Observations on the Nature of the Material -- § 5. External Substantive Rules -- § 6. The Choice of Law Rules -- § 7. Foreign Law -- III. How the Material is used -- § 8. General Remarks. The Stages of an International Action -- § 9. The Choice of Law -- § 10. The Applicable Law (lex causae) 186 Enquiry into the Rules of the lex causae -- § 11. Refusal to Apply the lex causae -- § 12. The Decision -- IV. The Swedish Conflict Rules — A Résumé -- § 13. The Personal Law -- § 14. Family Law. Inheritance -- § 15. Property Law -- V. Conflict Avoidance -- § 16. An Excursus -- Table of Swedish Cases.

Abstract: The purpose of this book is to present to lawyers outside Sweden an introduction to Private International Law as applied in Sweden. As in the original Swedish version, (Internationell Privatriitt. Metod och Material, Stockholm 1962), emphazis is put on the structure and func­ tioning of conflict law, and the book does not attempt to present a comprehensive survey of Swedish conflict rules. A resume of these rules has, however, been included in the English edition. The author wants to express his thanks to those who have helped to make possible the publication of this book. Generous support was given by the Swedish State Council for Social Science Research. Dr. Stig Stromholm, Uppsala, prepared the translation into English of the original Swedish text. Some alterations were subsequently made in the, English version, including minor deletions of material which had ap­ peared in the Swedish original and the addition of some new material, including the whole of present chapter IV. The English text as a whole was finally revised by the author with the help, in the case of chapters I, IV, V and part of chapter II, of Mrs. Helen Moats Eek (Ph. D. , University of Chicago) and, in the case of chapter III and part of chapter II, of Mr. Richard Cox (B. Sc. Econ (Hons. ), F. R. Econ. Soc. ). Valua:ble assistance, particularly in the preparation of the bibliography and the index, was given also by Mr. Lars Lindgren (LL.

Abstract: Detailed Table of Contents -- 1. Introduction -- I. The Aims of the Project on International Procedure -- II. United States Procedures of International Cooperation in Litigation -- 2. International Co-Operation in Litigation: Austria -- I. Introduction -- II. Co-Operation Sought by Austria -- III. Co-Operation Rendered by Austria -- 3. International Co-Operation in Litigation: Belgium -- I. Introduction -- II. Co-Operation Rendered by Belgium -- III. Co-Operation Sought by Belgium -- 4. International Co-Operation in Litigation: Denmark -- I. Introduction -- II. Co-Operation Sought by Denmark -- III. Co-Operation Granted by Denmark -- 5. International Co-Operation in Litigation: England -- I. Introduction -- II. Co-Operation Rendered by England -- III. Co-Operation Sought by England -- 6. International Co-Operation in Litigation: Finland -- I. Introduction -- II. Co-Operation Sought by Finland -- III. Co-Operation Rendered by Finland -- 7. International Co-Operation in Litigation: France -- I. Introduction -- II. Co-Operation Sought by France -- III. Co-Operation Rendered by France -- 8. International Co-Operation in Litigation: the Federal Republic of Germany -- I. Introduction -- II. Co-Operation Sought by Germany -- III. CO-Operation Granted by Germany -- 9. International Co-Operation in Litigation: Greece -- I. Introduction -- II. Co-Operation Sought by Greece -- III. Co-Operation Rendered in Greece -- 10. International Co-Operation in Litigation: Italy -- I. Introduction -- II. Co-Operation Rendered by Italy -- III. Co-Operation Sought by Italy -- 11. International Co-Operation in Litigation: Norway -- I. Introduction -- II. Co-Operation Sought by Norway -- III. Co-Operation Provided by Norway -- 12. International Co-Operation in Litigation: Portugal -- I. Introduction -- II. Co-Operation Sought by Portugal -- III. Co-Operation Provided by Portugal -- 13. International Co-Operation in Litigation: Spain -- I. Introduction -- II. Co-Operation Sought by Spain -- III. Co-Operation Provided by Spain -- 14. International Co-Operation in Litigation: Sweden -- I. Introduction -- II. Co-Operation Sought by Sweden -- III. Co-Operation Granted by Sweden -- 15. International Co-Operation in Litigation: Switzerland -- I. Introduction -- II. Co-Operation Provided by Switzerland -- III. Co-Operation Sought by Switzerland -- 16. International Co-Operation in Litigation: The Netherlands -- I. Introduction -- II. Co-Operation Sought by the Netherlands -- III. Co-Operation Rendered by the Netherlands -- Appendix A. New Federal Statute -- I. An Act to Improve Judicial Procedures for Serving Documents, Obtaining Evidence, and Proving Documents in Litigation with International Aspects -- II. Report of the Committee on the Judiciary of the House of Representatives on the Bill -- Appendix B. New Federal Rules -- I. Rules 4(i), 26(c), and 28(b) of the Rules of Civil Procedure for the United States District Courts -- II. Proposed Amended Rule 44 and New Rule 44.1 of the Rules of Civil Procedure for the United States District Courts -- III. Proposed New Rule 26.1 of the Rules of Criminal Procedure for the United States District Courts -- Appendix C. Uniform Interstate and International Procedure Act.

Abstract: The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co­ authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials.