Abstract: I. Introduction -- II. The Lateran Pacts and the Constituent Assembly -- Introductory Statement -- Initial Skirmishes -- The Debate on Lateran -- The Statisti and Left Parties -- The Vatican Position -- Determining Attitudes: Christian Democrats and Communists -- III. The Catholic Church and the Italian State: The Case of the Bishop of Prato -- Development of the Case -- Preliminary Hearings -- The Trial Begins -- The Case for the Plaintiff -- The Public Prosecutor -- The Case for the Defendant -- The Verdict -- Appeal and Reversal -- IV. Freedom of Religion I: Pre-War Background and Postwar Developments -- The Theory of Freedom of Religion -- The Creation of the Constitutional Court -- The Former Policy -- The New Era and the Pentecostal Sect -- V. Freedom of Religion II: Aggiornamento -- Intervention Ex-officio -- The Impact of the 1953 elections -- The Paden Case -- The Lasco Case -- VI. The Needed Relationship -- Tables -- Appendices.

Abstract: Italy is left out of most contemporary comparative studies of political systems. This omission can be due neither to any intrinsic unimportance of Italy in Europe, nor to the absence of parallel similarities and differ­ ences - the prerequisites of comparative explanation - between the Italian and other Western political systems. It may be due to the paucity of case studies of Italian politics, upon which comparisons would have to be based. Professor Bucci's book will contribute toward overcoming this scarcity. Not only is Italy under-represented in comparative studies of post­ war European politics, but there is also a shortage of monographs dealing with particular aspects of Italian politics since the founding of the Republic, especially in English. I hope that Dr. Bucci's work, which is based exclusively upon original Italian sources, signals the beginning of exploration, more systematic than hitherto, of the goldmine for case studies which post-war Italian politics presents to political scientists.

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 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: One: The Indian States in India -- Two: The State of Jammu and Kashmir -- Section I. The Land and the People -- Section II. History -- Section III. British Interest in Kashmir -- Section IV. The Economy -- Three: The Democratic Struggle -- Section I. In India -- Section II. In Kashmir -- Section III. India, Pakistan and the Indian States -- Four: Kashmir Accedes to India -- Section I. The Maharaja’s Dilemma -- Section II. The Invasion of the Tribesmen and Accession to India -- Five: In the United Nations -- Section I. The International Posture of India and Pakistan in 1948 -- Section II. The United Nations Mediation -- Section III. The Role of the United Nations Commission 1948–1949 -- Section IV. The McNaughton Proposals and Dixon’s Mediation -- Six: The Continued Deadlock -- Section I. The Commonwealth Mediation -- Section II. Dr. Graham’s Mediation, 1951–1953 -- Section III. Direct Negotiations -- Seven: The Internal Dynamics of Kashmir -- Section I. Constitutional Developments -- Section II. Economic Developments in Kashmir -- Section III. Political Constellations -- Section IV. The Aligned and the Non-Aligned in Kashmir -- Section V. Kashmir and her Constitution -- Section VI. Azad Kashmir -- Eight: The Kashmir Imbroglio -- Section I. The Security Council, 1957–1958 -- Section II. The Home Front -- Section III. The International Perspective -- Nine: The Chinese Intervention -- Section I. The Security Council, 1962 -- Section II. Cold War in Kashmir -- Section III. Tumult in Kashmir -- Section IV. The Security Council, 1964 -- Ten: The Arbitrament of the Sword -- Section I. Sadiq, Abdullah and Bakshi -- Section II. The Arbitrament of the Sword -- Section III. The Security Council, 1965 -- Section IV. 1966 and After -- Epilogue -- Treaty of Amritsar, 1846 -- Supplement to Treaty of Lahore, 1846 -- Text of the “agreement” signed by China and Pakistan in Peking on March 2, 1963 -- Resolution of the Security Council of January 17, 1948 -- Resolution of the Security Council of January 20, 1948 -- Resolution of the Security Council of April 21, 1948 -- Resolution of the Commission of August 13, 1948 -- Resolution of the Commission of January 5, 1949 -- Resolution of the Security Council of March 14, 1950 -- Resolution of the Security Council of March 30, 1951 -- Resolution of the Security Council of January 24, 1957 -- Resolution of the Security Council of February 21, 1957 -- Resolution of the Security Council of December 2, 1957 -- Resolution of the Security Council of September 4, 1965 -- Resolution of the Security Council of September 6, 1965 -- Resolution of the Security Council of September 20, 1965 -- Resolution of the Security Council of November 5, 1965 -- Selected Bibliography.

Abstract: This study is primarily meant for readers outside India, and that explains the lengthy background which it provides. Although literature on the issue is growing daily, each work is written from a certain angle, and that is quite understandable. Every mind has a particular drawing bias; the information supplied is therefore necessarily coloured by tpe views a writer holds. There are to the author's mind two ways of approaching a subject: One would attempt to fit the facts into the value system of the writer, the other would try to draw values from the mass of materials under study. In either case there is no escaping the subjective evaluation of the narrator; and the present writer does not claim any immunity from the process. Kashmir's present history has two aspects. One of them is international, and here the ups and downs in the fortunes of the two States are to be seen against the complexity of power relations in the multinational world body. The other is the internal dynamics, which have their own compelling logic. An attempt has been made in this study to correlate the two into some sort of unity, but it is not for the writer to evaluate its success.

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. Inductive Empiricism -- Joseph Neef’s Sensationalistic Empiricism -- George Jardine’s Philosophical Education -- James G. Carter: An Inductive Science of Education -- Thomas Tate: An Inductive Philosophy of Education -- Herbert Spencer: Evolutionism and Progress -- Joseph Payne on the Science and Art of Education -- G. E. Partridge: Scientism and the Philosophy of Education -- II Rationalism -- James P. Wickersham: Rationalistic Principles as Precepts -- Rationalism’s Classic Philosophy of Education -- Herman Harrell Home’s Idealistic Theism -- III. Naturalistic Empiricism -- Chauncey Wright’s Suggestive Naturalism -- John Dewey: Experience as Empirical and Natural -- John Angus MacVannel: Experimentalism and Functionalism -- A Common Prospect -- Bibliographic Note.

Abstract: John Dewey once wrote: "Education is such an important interest of life that . . . we should expect to find a philosophy of education, just as there is a philosophy of art and of religion. We should expect, that is, such a treatment of the subject as would show that the nature of existence renders education an integral and indispensable function of life. " Indeed, such treatments of education are at least as old as Plato's Republic. Even so, it was not until the nineteenth century that the philosophy of education was recognized as a distinct discipline. His­ torically, it has been one thing to treat education in such a manner as Dewey mentions; it has been another thing to do so while deliberately making explicit a discipline with a subject matter which is in some sense distinct from that of other disciplines. The aim, in the present study, has been to study the origins of philosophy of education as a distinct discipline in the United States. In doing so, "origins" are taken to mean, first, that from which the disci­ pline has come, and second, that which initiates, serves as a point of departure for what follows. In searching for origins, I have explored the philosophic considerations of education from which came those distinct conceptions of the philosophy of education that were to serve as points of departure for later considerations of the discipline.

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: 1. Towards a More Comprehensive Concept of the Person -- 2. Love, Self, and Contemporary Culture -- 3. The Problem of Immortality -- 4. Free Will, Creativity of God, and Order -- 5. Other Persons, Other Things -- 6. The Concept of Rational Animal -- 7. The Self in Mu’tazilah Thought -- 8. Unity: Appearance and Reality in the Light of the Sufi Doctrines of Wahdat-ul-Wujud of Ibn ‘Arabi and Wahdat-ush-Shahud of Shaik Ahmed Sarhandi -- 9. Variants in the Concepts of the Self in the Islamic Tradition -- 10. Is There a Soul or No Soul? The Buddha Refused to Answer. Why? -- 11. ?ankara’s Interpretation of the Self and Its Influence on Later Indian Thought -- 12. Person and Moral Life (A Presentation of the Nature of Person and the Essence of Moral Life in the Philosophy of Prajñ?p?ramit? -- 13. The Self as Discovery and Creation in Western and Indian Philosophy -- 14. The Bhagavad g?t? and the Book of Job on the Problem of the Self -- 15. Pre-existence -- 16. Approaches to the I-consciousness: Its Depths, Normal and Abnormal -- 17. Concern for the Person — Concluding Paper.

Abstract: The general characteristics of the decades after the last World War, so far as the human situation goes, include two phenomena: these decades are marked by man's dissatisfaction with himself, his confession of ignorance of himself, his anxiety about his future, and also his earnest search for the ground of his being, which can give him a feeling of security with reference to his life here and hereafter; they are also marked by man's pride about his achievements in science and tech­ nology, a hope of a better life on earth, and a faith in himself as capable of engineering the individual and society for realizing peace, harmony, and happiness for all men. The contemporary thinking man is conscious of the predicament these two kinds of characteristics have created for him, admits failures, hopes for improvements, and works for them. In carrying out this work, he has to and wants to know what human life is, what the meaning and purpose of life are, and why his struggles and achievements have not succeeded in giving every man a reasonable amount of comfort and happiness. He has come to realize also that the accumulation of material comforts does not necessarily lead to happi­ ness, although happiness for man - except for the monk, fakir, or sannyiisin - is not possible without material comforts. Here we have the problem.

Abstract: I. The Unity Theory VS. Socialism in One Country -- From “Proletarian internationalism” to “Socialism in One Country” -- II. The Soviet View of the Socialist World State: Development and Control Factor Aspects -- The Soviet Conception of the Communist Camp Future -- III. A Consideration of Chinese Contributions to “Marxism,” Including “Prolonged Struggle” and “revolutionary Fervor” -- The Chinese Communist View of Permissible and Impermissible “Paths to Socialism” -- IV. The Sino-Soviet Dispute, and Some Implications for the Future of the World Communist Movement -- The Dialectics of Dispute: Tactics and Strategy of Communist Concepts in the Thermonuclear Age -- Unity or Diversity -- Factors Tending Toward Unity in the Communist Camp -- The Breakdown in Communications -- The Changing Political Realities -- The Italian and German Party Congresses, 1962 and 1963 -- Communist Dogma or “Creative Marxism”? -- V. The Soviet Union and East Europe: Conflict, Support and Opposition -- Institutionalized Divergence: The Case of Yugoslavia -- Albania: China’s Window to Europe -- Poland: Nationalism Contained by Territorial Claims -- Hungary: From Repression to Permissiveness? -- Rumania: Path to Economic Independence -- Bulgaria: Unconditional Support for the U.S.S.R. -- Czechoslovakia: Politics take Precedence over Ideology -- East Germany: The Permanent Satellite -- Conclusion -- VI. The International Communist Movement: A Reappraisal of Some Theoretical Concepts.

Abstract: The current conflict which threatens the very existence of the inter­ national communist movement as a single coherent entity must be looked for in the roots of Marxian philosophy. The central concept of pre-Leninist communism is contained in the notion of "proletarian internationalism. " Yet the emergence of the communist party-states has been squarely predicated on the requirements of single national states, as viewed through the training and experience of the various communist leaders. Thus the Soviet version has been shaped by the nationalism of Lenin, Stalin, and Khrushchev. The only aberrant case, the internationalism of Trotsky, was doomed to failure. The Chinese version of "communism" has as its root concepts the spirit of "prolonged" struggle against a superior enemy, whose ultimate defeat is ensured through the dialectics of political growth. The non­ communist societies are by definition "decadent. " The movement came to power by exploiting the nationalism engendered within China by the Japanese invasion. Its mass support was based on the peasantry, although the transparent fiction of "proletarian leadership" was strictly maintained. Further, "communism" is a term which has lost its original encompassing definition. Peking now narrowly defines it as policies consonant with "the thought of Mao Tse-tung. " Thus both the Soviet and the Chinese interpretation of "commun­ ism" are based on a concept which was anathema to the intellectual founders of the movement.

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: 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: Avesta. Ancient Persian Inscriptions. Middle Persian Literature -- I. Ancient Eastern-Iranian Culture -- II. The Culture of the Ancient Medes and Persians -- III. The Middle Persian Era -- IV. The Period of Transition to New Persian Literature (The Advance of Islam and the Beginnings of New Persian) -- History of Persian literature up to the Beginning of the 20th Century -- I. Introduction -- II. The Beginnings of Persian Literature -- III. The Samanids (Middle of 3rd/9th century to end of 4th/10th) -- IV. The Ghaznavid Period (5th/11th century) -- V. The Seljuq Period (5th/11th to 6th/12th century) -- VI. The Prose of the Seljuq Period (5th–6th/11th–12th century) -- VII. ??fism -- VIII. The Mongols -- IX. T?m?r and His Successors -- X. The Safavids -- XI. The Turbulent 12th/l8th Century -- XII. Literary and Associated Species of Prose During the 7th–12th/13th–18th Centuries -- XIII. THE 13th/19th Century -- Persian Literature of the 20th Century -- I. Brief Survey of The Economico-Political Situation in Iran After 1896 355 -- II. Character of the Literary Renaissance -- III. Literary Life in the Years 1921–1941 -- IV. The Main Literary Trends After 1941 -- Persian Learned Literature From Its Beginnings up to the End of the 18th Century -- I. Introduction -- II.Philosophy -- III.Philology -- IV.History and biography -- V.Geography -- VI. The exact sciences -- VII. The natural sciences -- VIII. Medicine and pharmacology -- IX. Encyclopaedias -- Tajik Literature From the 16th Century to the Present -- I. Before the Revolution -- II. After the Revolution -- Iranian Folk-Literature -- I. Introduction -- II. Iranian Folk-Epics -- III. Introduction to Folk-Tales -- IV. Iranian Entertainment Folk-Literature -- V. Written Forms of Folk-Literature -- VI. The Influence of Folk-Literature in Modern Persian and Tajik Literature -- VII. Religious Folk-Literature -- VIII. Dramatic Folk-Literature in Iran -- IX. Verse Forms of Folk-Literature -- X. Riddles and Proverbs -- XI. Conclusion -- Persian Literature in India -- An Outline of Judeo-Persian Literature -- Survey of Dynasties -- Selected Bibliography -- Addenda.

Abstract: Some justification seems to be necessary for the addition of yet another History of Iranian Literature to the number of those already in existence. Such a work must obviously contain as many novel features as possible, so that a short explanation of what my collaborators and I had in mind when planning the book is perhaps not superfluous. In the first place our object was to present a short summary of the material in all its aspects, and secondly to review the subject from the chronological, geo­ graphical and substantial standpoints - all within the compass of a single volume. Such a scheme precludes a formal and complete enumeration of names and phenom­ ena, and renders all the greater the obligation to accord most prominence to matters deemed to be of greatest importance, supplementing these with such figures and forms as will enable an impression to be gained of the period in question - all this is far as possible in the light of the most recent discoveries. A glance at the table of contents will suffice to give an idea of the multifarious approach that has been our aim. We begin at the very first traces of evidence bearing on our subject and continue the narrative up to the present day. Geographically the book embraces Iran and its neighbouring countries, while it should be remarked that Iranian literature in its fullest sense also includes Indo-Persian and Judeo-Persian works.

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: 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. Introduction -- II. Geographical and Historical Description of Northern Asia -- 1. Geographical Conditions -- 2. Historical Background -- III. Expansions of Russia and China in Northern Asia -- 1. Russian Expansion in Siberia, 1552–1700 -- 2. Manchu-Chinese Expansion in Mongolia, 1635–1697 -- 3. Manchu-Chinese Expansion in the Amur Area, 1616–1643 -- IV. The Role of the Mongols in Sino-Russian Relations -- 1. The Kalmuk Sungars, 1606–1616 -- 2. The Altin Khans of the Khalkhas, 1616–1655 -- 3. Sino-Russian Rivalry over the Mongols, 1665–1697 -- V. Early Contacts Between Russia and China -- 1. The Alleged Russian Embassy to China in 1567 -- 2. The Abortive Russian Caravan Embassy to China in 1608 -- 3. Petlin and Mundoff’s Mission to China, 1618–1619 -- 4. Sino-Russian Conflicts on the Amur, 1643–1675 -- VI. Russian Attempts at Establishing Diplomatic Relations With china I -- 1. Baikoff’s Embassy, 1653–1657 -- 2. Mission of PerfiUeff and Ablin, 1658–1662 -- VII. Russian Attempts at Establishing Diplomatic Relations With China II -- 1. Milovanoff’s Mission, 1670 -- 2. Spathary’s Embassy, 1675–1677 -- VIII. Sino-Russian War on the Amur -- 1. Growing Tension on the Amur, 1676–1684 -- 2. The Albazin War, 1685–1686 -- IX. The Treaty of Nerchinsk -- 1. The Dispatch of Embassies, 1685–1689 -- 2. The Negotiation of Treaty -- 3. The Treaty of Nerchinsk, 1689 -- 4. The Confirmation of the Treaty, 1693–1695 -- X. Economic and Cultural Relations -- 1. Trade between Russia and China, 1608–1700 -- 2. Russian Missionaries in China, 1655–1700 -- XI. Summary and Conclusion -- Appendixes -- I. The treaty of Nerchinsk -- II. The form of oath taken by the Chinese ambassador at Nerchinsk -- Chinese Glossary.

Abstract: The seventeenth century was a momentous epoch. While western European countries were busy expanding westward and eastward, Russia, quietly crossed the Ural Mountains, absorbed Siberia and reached as far as Alaska. Russia did not expand toward the East with­ out opposition from the western European countries. In the last half of the sixteenth century, inspired by the "gorgeous East," the Dutch and the English made many efforts to find a northern passage to China l to attain gold, gems, silks, pearls and spices. They attempted to reach China by land routes but were hindered by continual wars between the Kazaks and Mongol tribes, as is indicated in a letter written by an 2 English traveler, Jenkinson, in 1559. They also attempted to reach China by way of the Northern Ocean, but the Arctic weather foiled all of these efforts. The English hoped to find a way to China as well as to India by the Ob River. They knew of the Ob as early as 1555, and the next year Stephen Burrough was sent to find it. He reached the Kara Strait but ice prevented him from passing through it. In 1580 Arthur Pet and Charles Jackman left England with two ships in search of a northeast passage. Pet went through the Kara Strait. Jackman followed him in 1581, encountering much ice. Eventually Pet's expedition succeeded in returning westward again through the Kara Strait, but Jackman and his men were never heard from again.

Abstract: I. Introduction -- II. Early History of Formosa -- Original Inhabitants of Formosa -- Early Settlers -- Kingdom of Koxinga -- Legality of China’s Acquisition of Formosa -- Formosa Under Chinese Rule -- Japanese Acquisition of Formosa -- III. Conferences and Declarations: Their Effect on the Status of Formosa -- Cairo Conference -- Potsdam Conference -- Instrument of Surrender -- The Effect of the Cairo, Potsdam Declarations and the Instrument of Surrender on the Status of Formosa -- IV. Claims of the Formosan Nationalists -- Chinese Law on Nationality -- Republic of Formosa -- Formosa as A Province of China -- The Right of the Nationalist Government to Establish Its Seat on Formosa -- The Right of Self-Determination -- Validity of Formosan Claims -- V. International Opinions on the Status of Formosa -- The British Position -- The Russian Position -- The American Position -- The Japanese Position -- The Indian Position -- The Irish Position -- The Two-China Theory -- The Conlon Report -- VI. Claims of the Chinese Communists -- Russia and Its Relations with the Chinese Communists Before the End of World War II -- Russia’s Interference in the Domestic Affairs of China After World War II -- The Legitimacy of the Chinese Communist Government -- China Representation Question and Legal Status of Formosa are Separate but Closely Related Issues -- Chinese Communist Position on the Status of Formosa and the Representation Question -- Validity of Communist China’s Claims -- VII. Claims of the Republic of China -- Nationalist Government is the Legitimate Government of China -- Succession of Governments -- Succession of States -- The Republic of China Has Never Extended Recognition to the Chinese Communists in any Form -- State of Hostilities Still Exists -- San Francisco Treaty of Peace -- Sino-Japanese Treaty of April 28, 1952 -- Nationalist Government’s Views on Status of Formosa -- Legitimacy of Nationalist China’s Claims -- Transfer of Title Through A Treaty of Cession -- Title Through Prescription -- VIII. Present Status of Formosa.

Abstract: Can two-Chinas co-exist in the present world order? In a sense they co-exist now-Free China in Taiwan (Formosa) and Communist China on the mainland. Barring a military showdown, this situation could remain for years to come. However, if we seek to put Free China and Communist China on some permanent basis and give them interna­ tional juridical status as abiding and separate entities, then we are faced with serious difficulties. Free China and Communist China co­ exist at present simply because neither can effectively alter the situa­ tion. Each is backed by a power bloc that recognizes the legal existence of only one of these political regimes. The United States does not re­ cognize Peiping, even though it has conducted meetings on the ambas­ sadorial level with the Regime for several years. In a corresponding way, the Soviet bloc of nations refuses to recognize Nationalist China. The situation is very similar to that of two-Germanys, two-Koreas and two-Vietnams. To seek a solution to this political impasse, it is suggested that a "Sino-Formosan State" or some kind of "self-determination" by the Formosans be instituted. This was first expressed by Chester Bowles in his article "The China Problem Reconsidered" (Foreign Affairs, April 1960), and supported by John Carter Vincent in his letter to the editor of the New York Times (December 7,1961). The Conlon Report of 1959 held the same posi. tion. Also, Arnold J.

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. 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 wish first to express my gratitude to the Koninklijk Instituut voor Taal-, Land- en Volkenkunde, which has kindly arranged for this book to be printed. My thanks also include Professor Dr. C. Hooykaas, who has interested himself in this treatise and has accorded it his support. I should like to render my sincere thanks to Dr. J. Noorduyn, Secre­ tary of the Institute, who has given me a miscellany of good suggestions for the compilation of the editorship of the Introduction. Further I desire to thank my former assistants, Mr. J. Tammu and Mr. L. Pak an, warmly for their work in noting down the text of the Chants for the Deceased and for their help in seeking for an explanation of various difficult places in it. Once more I owe a very great debt of gratitude to Jeune Scott-Kemball, who has been able to accomplish casting my Dutch translation in prose of the lines in trochaic metre of the Chants for the Deceased into a very elegant English verse form. This was not always very simple in view of the metaphorical manner of expression in the Toradja lines of verse.

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.