Abstract: Introduction: The Problems of Contemporary Philosophy -- A. Tradition and Innovation in Contemporary Philosophy -- B. The Process of Differentiation in Philosophy -- C. A Look Ahead -- I / The Philosophy of Self-Evidence: Franz Brentano -- A. Mental Phenomena and Knowledge -- B. The Theory of Being -- C. The Theory of Moral Knowledge -- D. Knowledge of God -- E. Evaluation -- II / Methodological Phenomenology: Edmund Husserl -- A. The Absolute Character of Truth -- B. The Problem of Universals -- C. Intentionality, Judgment and Knowledge (The Phenomenology of Consciousness) -- D. The Phenomenological Intuiting of Essences (Die phänomenologische Wesensschau) -- E. Phenomenology and Transcendental Philosophy -- F. Evaluation -- III / Applied Phenomenology: Max Scheler -- A. Gnoseology and Phenomenology -- B. The Theory of Sympathy -- C. Value and Person -- D. Religious Philosophy and Theology -- E. Man’s Place in the Stratified Structure of the World -- F. Evaluation -- IV / Existential Ontology: Martin Heidegger -- A. The Philosophy of Existence in General and its Historical Relationship to Western Thought -- B. The Ontology of Finite Dasein -- C. Evaluation -- V / The Philosophy of Existence: Karl Jaspers -- A. Philosophical World-Orientation, Illumination of Existence, and Metaphysics -- B. The Being of the Encompassing, and Truth -- C. Evaluation -- VI / Critical Realism: Nicolai Hartmann -- A. The Metaphysics of Knowledge -- B. The Structure of Being -- C. The Philosophy of Spirit -- D. The Philosophy of Value -- E. Evaluation -- VII / Modern Empiricism: Rudolf Carnap and the Vienna Circle -- A. Reasons for the Rise of Modern Empiricism -- B. Immanence Positivism (Mach, Avenarius) and the Epistemology of Moritz Schlick -- C. Definitions and Explications of Concepts -- D. Statements and the Meaning of Statements -- 1. First Formulation of the Empiricist’s Criterion of Meaning -- E. The Structure of Empirical Knowledge -- F. Semantics and Logical Syntax -- G. Evaluation -- VIII / Foundational Studies and Contemporary Analytic Philosophy -- A. Research in the Foundations of Logic and Mathematics -- B. The Theory of Empirical Scientific Knowledge -- C. Problems of Reality -- D. Ethics -- IX / Ludwig Wittgenstein -- A. Philosophy I -- B. Philosophy II -- Index of Names -- Index of Subjects.

Abstract: I. The Beginnings -- II. The “Constitutionalism” of Emperor Alexander I -- III. Administrative Activities 1802–1812 -- IV. Reform of Russia’s Finances and Central Administration -- V. Plans of Reform -- VI. Disgrace and Exile -- VII. Philosophical Views and Political Theory -- VIII. Governing Russia’s Provinces -- IX. Projects for Reforming the Provincial Administration -- X. An Unpleasant Interlude — Speransky and the Decembrists -- XI. Codifying Russian Law -- XII. Last Years — Conclusion -- Indices.

Abstract: "An autocracy tempered by assassination", clever foreigners used to say about the Russian empire in the 18th and 19th centuries. With this bon mot the average curiosity about the Tsars' government was satisfied and there seemed to be no need to look further into the matter. There was, on the surface of things, some justification for such a definition: many rulers had suffered violent death and little did the autocracy abate between 1725 and 1905. The impression created by travelers, by historians and journalists, as well as by Russia's own discontented intelligentsia was that nothing really ever changed in Russia, that the autocracy was the same in 1905 as it had been at the death of Peter the Great in 1725. Not that the outside world had remained ignorant of the efforts at reform, the changes, and the modernization wrought in Russia since the day Peter I had "cut a window into Europe. " But the prevailing opinion was that such changes as occurred were merely external and did not affect the fundamental structure of the government or of society.

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. 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 Confêrence 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: 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: The origins of this book go back to I956 when it was suggested to me that a study on the philosophy of Gianfrancesco Pico della Mirandola would furnish an important addition to our knowledge of the philoso­ phy of the Italian Renaissance. It was not, however, until I960 that I could devote a significant portion of my time to a realization of this goal. My work was essentially completed in 1963, at which time it was presented in its original form as a doctoral dissertation in the Phi­ losophy Department of Columbia University. Since then I have made many minor improvements and several chapters have been extensively reworked. This study represents the first attempt in fifty years to give a detailed account of even a portion of Gianfrancesco Pico's life and thought. The most comprehensive previous study, Gertrude Bramlette Richards, "Gianfrancesco Pico della lv1irandola" (Cornell University Dissertation, I 9 I 5), which I have found very useful in preparing my own book, is largely based on secondary literature and is mistaken in a number of details. Furthermore, Miss Richards' treatment of Gian­ francesco Pico as a thinker is very sketchy and is not an exhaustive study of his own writings. It is hoped that my present study, built in part on her extensive bibliographical indications, brings forth a certain amount of new information which will be of value for further research.

Abstract: Memorial Address -- Allocution -- Remarques sur la théorie intuitionniste des espaces linéaires -- Some Remarks about Synonymity and the Theorem of Beth -- Beth’s Tableau-Method -- Quelques remarques sur les “Tableaux de Beth” -- Une hypothèse sur l’extension des relations finies et sa vérification dans certaines classes particulières (deuxième partie) -- La philosophie géométrique de Henri Poincaré J. J. A.Mooij -- Logique et théorie physique -- L’argument probabiliste pour une logique non classique de la mécanique quantique -- Courant potentiel en magnétogazdynamique -- Nouvelle méthode de résolution de l’équation de Helmholtz pour une symétrie cylindrique -- Recherche en mécanique ondulatoire non linéaire -- Problème de Cauchy dans le modèle de Lee en métrique indéfinie -- Conclusions -- Bibliography of E. W. Beth.

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: 1 Ideas of Freedom in Common Sense and Philosophy -- I. Commonsense Usages of “Free” and “Unfree” -- II. Commonsense Ideas of Moral Responsibility -- III. Philosophical Theories of Freedom -- IV. Freedom of Choice and Freedom of Action -- 2 The Freedom of Human Activities -- I. “Activities” and “Impediments” -- II. Physical Unfreedom -- III. Unfreedom at Gunpoint -- IV. Unfreedom and the Criminal Law -- V. Economic and Social Unfreedom -- VI. Ignorance and Unfreedom -- VII. Psychological Unfreedom -- VIII. Summary -- 3 Influence, Control, and Power -- I. Basic Meanings of “Influence,” “Control,” and “Power” -- II. The Exercise of Influence -- III. The Exercise of Control -- IV. Varieties of Control and Influence -- V. The Possession of Influence and Control -- VI. The Possession of Power -- VII. Summary -- 4 Authority -- I. The Exercise of Authority -- II. Being an Authority -- III. Authority Without Results -- IV. Authority and Freedom -- V. Summary -- 5 Leadership and Government -- I. Leading and Following -- II. The Functions of the Governor -- III. Control, Influence, and the Criminal Law -- IV. Freedom and Government -- V. The Authority of the Governor -- VI. The Legitimacy of the Governor -- 6 The Philosophical Foundations of Freedom, Control, and Influence -- I. The Human Agent -- II. Human Activities -- III. “Resulting” and “Being Correlated” -- IV. The Interpretation of “Probability P”.

Abstract: Social scientists have become increasingly aware that their work de­ pends upon adequate concepts of certain basic relationships among the people who comprise polities, economies, and societies. Government and politics, in particular, appear to consist almost exclusively of re­ lationships of power, influence, control, authority, leadership, coercion, persuasion, and manipulation. Even the most common and elementary statements of political science - that, for example, the Rio Grande is part of the boundary between Mexico and the United States and members of Congress are chosen in competitive elections - cannot be clear and unambiguous without the use of precise concepts of power and control. The subject matter of the political scientist also appears to raise more questions of evaluation than the economist and sociologist are required to resolve. Questions about the best form of government have always been central to political thought, and recent challenges to the theory, appeal, and suitability of democracy have evoked many at­ tempts to justify it. This attention to evaluation has inevitably involved the perennial issue of human freedom, and although political scien­ tists have written much about the desirability of freedom, they have only infrequently attempted to analyze the concept of freedom.

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: 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. 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.

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.