Abstract: A. Group Behavior in United Sations and Politics -- I. Afference, Efference and Legitimacy in Africa -- 2. Effect of the African Group of States on the Behavior of the United Nations -- 3. The Role of the Organization of African Unity in Contemporary African Politics -- B. International Law and Peaceful Settlement -- 4. Peaceful Co-Existence and Friendly Relations among States: The African Contribution to the Progressive Development of Principles of International Law -- 5. The Role of the O.A.U. in the Peaceful Settlement of Disputes -- C. Human Rights, Enforcement, and Security Questions -- 6. South Africa’s Apartheid Policy: an Assessment -- 7. Economic Sanctions in the Rhodesian Context -- 8. The U.N. and the O.A.U.: Roles in the Maintenance of International Peace and Security in Africa -- D. Integration and Unity Questions -- 9. Education and National Integration in Africa -- 10. The League of Arab States and North Africa -- 11. The East African Community as a Sub-Regional Grouping -- E. Relational Impacts and the Future -- 12. Legitimization of National Liberation: The United Nations and Southern Africa -- 13. Africa and the World Community -- 14. Reflections on the Future of International Organization in Africa.

Abstract: As an emerging Continent, with a rich past, dynamic present and promising future, Africa has an important role to play in the develop­ ment of international organization. Well before Africa Year, 1960, when several African States attained their independence and their rightful place in the community of nations, the various movements for unity and co-operation strove towards the creation of regional international organization. Now more than ever before, nearly two scores of African States, members of the United Nations, the Organization of African Unity and several other sub-regional organizations and arrangements, look upon international organization as an important means for safeguard­ ing their independence, enhancing African identity, forging collabor­ ative bonds amongst themselves and with the outside world, and rais­ ing the standard of living for their populations. It should also be noted that the age of science and technology which is, and should be, based on international co-operation, stimulates fur­ ther Africa's desire to strengthen and work through international inter­ governmental organizations. As Africa faces the I970's, confronting the core problems of colonial­ ism and apartheid in its southern parts, she looks upon the United Nations and the Organization of African Unity as the main vehicles for thought and action. For these considerations, the present book resulting from the St.

Abstract: Table des Matières -- Articles -- Western Europe and the United States of America -- La Politique Méditerranéenne de la Communauté Européenne -- In Search of a Lasting System of European Security — Chances and Hazards of Some Models of European Security System -- Consumer Protection in the Council of Europe -- La Dimension Nouvelle du Consommateur Européen -- Work of the OECD in the Field of Consumer Policy -- Les Tribunaux Administratifs Dans les Organisations Européennes -- Section Documentaire -- Membres des Organisations Européennes 1973 -- Chapitre I. Commission Centrale Pour la Navigation du Rhin -- Chapitre II. Union Économique Benelux -- Chapitre III. Union de L’europe Occidentale -- Chapitre IV. Organisation de Coopération et de Développement Économiques -- Chapitre V. Conseil de L’europe -- Chapitre VI. Commission Internationale de L’état Civil -- Chapitre VII. Conseil de Coopération Douanière -- Chapitre VIII. Communautés Européennes -- Chapitre IX. Conseil Nordique -- Chapitre X. Conférence Européenne des Ministres des Transports -- Chapitre XI. Organisation Européenne Pour la Recherche Nucléaire -- Chapitre XII. Commission Européenne de L’aviation Civile -- Chapitre XIII. Conférence Européenne des Administrations des Postes et des Télécommunications -- Chapitre XIV. Association Européenne de Libre-Échange -- Chapitre XV. Organisation Européenne de Recherches Spatiales -- Chapitre XVI. Organisation Européenne Pour la Mise au Point et la Construction de Lanceurs D’engins Spatiaux -- Articles -- Western Europe and the United States of America -- La Politique Méditerranéenne de la Communauté Européenne -- In Search of a Lasting System of European Security — Chances and Hazards of Some Models of European Security System -- Consumer Protection in the Council of Europe -- La Dimension Nouvelle du Consommateur Européen -- Work of the OECD in the Field of Consumer Policy -- Les Tribunaux Administratifs Dans Les Organisations Européennes -- Documentary Section -- Members of European Organisations 1973 -- I. Central Commission for the Navigation on the Rhine -- II. Benelux Economic Union (in French) -- III. Western European Union -- IV. Organisation for Economic Co-Operation and Development -- V. Council of Europe -- VI. International Commission on Civil Status -- VII. Customs Co-Operation Council -- VIII. European Communities -- IX. Nordic Council -- X. European Conference of Ministers of Transport -- XI. European Organization for Nuclear Research -- XII. European Civil Aviation Conference -- XIII. Conférence Européenne des Administrations des Postes et des Télécommunications (in French only) -- XIV. European Free Trade Association -- XV. European Space Research Organisation -- XVI. European Space Vehicle Launcher Development Organisation -- Section Bibliographique / Bibliographical Section -- I. Livres Sur La Coopération Européenne / I. Books on European Co-Operation -- II. Bibliographie Sélective des Articles de Périodiques et des Brochures 1972 / II. Selective Bibliography of Periodical and Pamphlet Material 1972 -- Table des Noms / List of Names -- Index alphabétique / Alphabetical Index.

Abstract: The Treaty of Rome makes no mention of the Mediterranean basin as such, inc1udes not a single provision for the defining of specific relations with that region as a whole. There are only, as a hang-over from the French and Italian colonialist past, certain Dec1arations, in the Appendices, regard­ ing a possible association of Tunis, Morocco, Libya with the new under­ taking. And, of course, there is Artic1e 113 prescribing, at the end of the Community's transition period, the common trade policy - plus the Artic1e (238) giving blanket authorisation for association agreements. These legal prescriptions were duly implemented in the Association Agreements with Greece (1961) and Turkey (1963) and have supplied the basis for bilateral instruments in respect of other Mediterranean lands - ad hoc, pragmatic ar­ rangements. In the circumstances the Community could scarcely have proceeded otherwise. Yet the outlines of a European economic policy with regard to the countries of the Mediterranean basin were there from the beginning -limited, however, over the years by the internal development of the Community itself. One is reminded in this connection of sundry invoca­ tions by European and Mediterranean personalities and members of the European Commission - and, specifically, of a Memorandum presented by Italy to the Council of Ministers in 1964.

Abstract: I Water Resources -- Non-Maritime International Water Resources: Development and Conservation in the Americas -- The Outer Limit of the Continental Shelf -- The U.N. Declaration of Principles Governing the Deep Sea-Bed, -- Commentary -- Commentary -- II Super Power Intervention: Military and Economic -- Regional Interventionism by the Superpowers: A Study of Words and Acts as Inchoate Law Making -- The Nationalization by Peru of the Holdings of the International Petroleum Company -- Commentary -- Commentary -- III Human Rights -- Human Rights and the Organization of American States -- Commentary.

Abstract: The essays and commentaries in this collection were presented at a Con­ ference on Problems of International Law in the Western Hemisphere, the Second Conference on Problems of Regional International Law under the joint sponsorship of the American Society of International Law and the Graduate Faculty of the New School for Social Research, April 2 & 3, 1971. Contributors have been given the opportunity to revise their papers since their original presentation. The editors acknowledge with gratitude the important contributions made by the Chairmen of the respective panels, namely, Professor Louis Henkin of Columbia Law School (Water Resources Panel), Professor Richard B. Lillich of the University of Virginia Law School (panel on Intervention) and Dr. Egon Schwelb of the United Nations (Human Rights Panel). The assistance of the Graduate Faculty of the New School for Social Research in the organization of the conference and that of the New York University Center for International Studies in the editing of these papers have been indispensable. We wish to make particular mention of the unstinting secretarial support of Ms. Donna Welensky and Ms. Judith Chazen. Certain problems would have been insuperable without the critical (in all senses) aid provided by Lyn Rodley. . The descriptions of contributors are those that obtained at the time of the conference. Since then, Professors Rovine and Rodley have moved to new pastures, the former to the Department of State's Office of the Legal Adviser, the latter to Amnesty International, while Dr.

Abstract: I The International Law Association -- The International Law Association: a World-Wide Organization for Development and Promotion of International Law -- The Daily Life and Administration of the International Law Association -- L’influence de l’International Law Association sur la doctrine et la pratique du droit international -- II The Present State of International Law -- The Development of the Charter of the United Nations: the Present State -- Implications et aspects juridiques de la coexistence pacifique -- The International Law of Human Rights in the Middle Twentieth Century -- The Law of War -- Historique et état actuel du droit international medical -- The Present State of International Water Resources Law -- Some Reflections on the Present and Future Law of the Sea -- Air Law -- The Present State of Space Law -- Prospects for Regulation of Environmental Conservation under International Law -- The Present State of the Law Regarding the Extra-Territorial Application of Restrictive Trade Legislation -- Quelques aspects du droit monétaire contemporain -- Etat actuel du droit des investissements étrangers dans les pays en voie de développement -- The Present State of the Law Regarding International Commercial Arbitration -- The Present State of the Law on State Succession -- The Present State of Transnational Law -- The Montevideo Treaties of 1889 and 1940 and their Influence on the Unification of Private International Law in South America -- The Present State of Choice of Law in the United States -- L’état présent de la Conférence de La Haye de Droit International Privé.

Abstract: In October I873, as every Conference Report recalls, the Associ­ ation for the Reform and Codification of the Law of Nations was founded in Brussels (Belgium). At the Brussels Conference of I895 the Association's name was changed and ever since it has been "The International Law Association". On August 30 and 3I and September I, I973, a Centenary Cele­ bration will be held in the Association's place of birth. In the course of preparations made for this triduum, plans were also laid by the Executive Council for a Centenary Volume to mark the event. The formula adopted for the book was mostly based on contributions by Chairmen and/or Rapporteurs of International Committees of the Association who were asked to shed light on "the present state" of their subject. Hence the title of the Volume. For good measure, vari­ ous other topics not coming under the terms of reference of Inter­ national Committees were added. Almost all of the authors invited responded favourably, and their studies are to be found in Part II, arranged in sections which have no other justification than the Editor's whim. It should be pointed out that Chairmen and/or Rapporteurs of International Committees wrote their articles a titre personnel and, therefore, cannot be deemed to express opinions held by their Com­ mittees as such. Part I contains the "other essays", dealing with the Association itself rather than with the present state of international law.

Abstract: Table des Matières / Table of Contents -- Articles / Articles -- The Enlargement of the European Communities and the Protection of Human Rights / The Enlargement of the European Communities and the Protection of Human Rights -- Patents in Europe on the Enlargement of The Community / Patents in Europe on the Enlargement of the Community -- Environment Protection Work in the Council of Europe / Environment Protection Work in the Council of Europe -- UN Programme Communautaire en Matière D’Environnement / UN Programme Communautaire en Matière D’Environnement -- Summary of Major NATO/CCMS Activities in 1971 / Summary of Major NATO/CCMS Activities in 1971 -- The Work of OECD in the Protection of the Environment / The Work of OECD in the Protection of the Environment -- European Integration and National Decentralisation / European Integration and National Decentralisation -- La Poursuite Par La Communauté Élargie de La Politique D’Association Avec des Pays en Voie de Développement / La Poursuite Par La Communauté Élargie de La Politique D’Association Avec des Pays en Voie de Développement -- Section Documentaire / Documentary Section / Membres des Organisations Européennes 1971 / Members of European Organisations 1971 -- Chapitre I. Commission Centrale Pour La Navigation du Rhin / Central Commission for the Navigation on the Rhine -- II. Union Économique Benelux / Benelux Economic Union -- Chapitre III. Union de L’Europe Occidentale / Western European Union -- Chapitre IV. Organisation de Coopération et de Développement Économiques / Organisation for Economic Co-Operation and Development -- Chapitre V. Conseil de L’Europe / Council of Europe -- Chapitre VI. Commission Internationale de L’État Civil / International Commission on Civil Status -- Chapitre VII. Conseil de Coopération Douanière / Customs Co-Operation Council -- Chapitre VIII. Communautés Européennes / European Communities -- Chapitre IX. Conseil Nordique / Nordic Council -- Chapitre X. Conférence Européenne des Ministres des Transports / European Conference of Ministers of Transport -- Chapitre XI. European Organization for Nuclear Research / European Organization for Nuclear Research -- Chapitre XII. Commission Européenne de L’Aviation Civile / European Civil Aviation Conference -- Chapitre XIII. Conférence Européenne des Administrations des Postes et des Télécommunications / Conférence Européenne des Administrations des Postes et des Télécommunications -- Chapitre XIV. Association Européenne de Libre-Échange / European Free Trade Association -- Chapitre XV. Organisation Européenne de Recherches Spatiales / The European Space Research Organisation -- Chapitre XVI. Organisation Européenne Pour La Mise Au Point et La Construction de Lanceurs D’Engins Spatiaux / European Space Vehicle Launcher Development Organisation -- Section Bibliographique / Bibliographical Section -- I. Livres Sur La Coopération Européenne / Books on European Co-Operation -- II. Bibliographie Sélective des Articles de Périodiques et des Brochures 1971 / Selective Bibliography of Periodical and Pamphlet Material 1971 -- Table des Noms / List of Names -- Index alphabétique / General Index.

Abstract: Table Des Matières / Table of Contents -- Articles -- La Commission des Communautés Européennes. la Commission des Quatorze: 1967–1970 -- Les Initiatives du Saint-Siège en Faveur de L’unification Européenne -- The Conference of European Ministers of Education -- Relations Between the Council of Europe and the United Nations -- Section Documentaire -- Chapitre I. Commission Centrale pour la Navigation du Rhin -- Chapitre II. Union Économique Benelux -- Chapitre III. Union de L’europe Occidentale -- Chapitre IV. Organisation de Coopération et de Développement Économiques -- Chapitre V. Conseil De L’Europe -- Chapitre VI. Commission Internationale de L’État Civil -- Chapitre VII. Conseil de Coopération Douanière -- Chapitre VIII. Communautés Européennes -- Chapitre IX. Conseil Nordique -- Chapitre X. Conférence Européenne des Ministres des Transports -- Chapitre XI. Commission Européenne de L’Aviation Civile -- Chapitre XII. Conférence Européenne des Administrations des Postes et des Télécommunications -- Chapitre XIII. Association Européenne de Libre-Échange -- Chapitre XIV. Organisation Européenne de Recherches Spatiales -- Chapitre XV. Organisation Européenne pour la Mise au Point et la Construction de Lanceurs D’engins Spatiaux -- Articles -- La Commission des communautés européennes. la commission des quatorze: 1967–1970 -- Les Initiatives du Saint-Siège en Faveur de L’unification Européenne -- The Conference of European Ministers of Education -- Relations Between the Council of Europe and the United Nations -- Documentary Section -- I. Central Commission for the Navigation on the Rhine -- II. Benelux Economic Union (in French) -- III. Western European Union -- IV. Organisation for Economic Co-Operation and Development -- V. Council of Europe -- VI. International Commission on Civil Status -- VII. Customs Co-Operation Council -- VIII. European Communities -- IX. Nordic Council -- X. European Conference of Ministers of Transport -- XI. European Civil Aviation Conference -- XII. European Conference of Postal and Telecommunications Administrations -- XIII. European Free Trade Association -- XIV. European Space Research Organisation -- XV. European Space Vehicle Launcher Development Organisation -- Section Bibliographique -- I. Livres Sur La Coopération Européenne -- II. Bibliographie Sélective des Articles de Périodiques et des Brochures 1970 -- A. La Coopération Européenne en Général -- B. La Coopération Économique -- C. Conseil de L’europe -- D. Communautés Européennes -- E. Questions de Défense -- Table des Noms -- Index alphabétique -- Bibliographical Section -- I. Books on European Co-Operation -- II. Selective Bibliography of Periodical and Pamphlet Material 1970 -- A. European CO-Operation in General -- B. Economic CO-Operation -- C. Council of Europe -- D. European Communities -- E. Defence Questions -- List of Names -- General Index.

Abstract: I Ideological Background of the Interpretation of the United Nations Role Toward Non-Self-Governing Territories -- I: The Effects of World War II on the Afro-Asian Position at the San Francisco Conference -- 2: The Declaration Regarding Non-Self-Governing Territories and the Concepts of International Responsibility for Colonial Administration -- II The United Nations’ Method of Organization for Dealing with the Non-Self-Governing Territories -- 3: The Afro-Asian Attitude Towards the Creation of One-Year Committees on Information from Non-Self-Governing Territories: 1946–1948 -- 4: Impact of the Afro-Asian Position on the Establishment and Continuation of Committees on Information for Three-Year Periods: 1949–1958 -- III The United Nations’ Method of Procedure for Dealing with the Non-Self-Governing Territories -- 5: The Afro-Asian Emphasis on the General Assembly’s Competence in the Determination of Non-Self-Governing Territories -- 6: The New Afro-Asian Formula for Swift Decolonization and the Follow-up of Chapter XI -- IV Conclusions -- 7: Recapitulation of the Main Afro-Asian Contributions -- 8: Developments from 1963 to 1970 -- Territories Which Became Independent Since The Establishment of the United Nations -- I. Trust and Non-Self-Governing Territories -- II. Other Territories -- III. Guide Showing Original Names of the Territories.

Abstract: When the United Nations' Charter was signed in San Francisco in 1945, the number of African member states of the Organisation was only 4. By the end of 1960 it had risen to 22. Today it is 41. How has this come about? The answer is given in this valuable book by Dr. Yassin EI-Ayouty. The handful of Asian and African countries who had the privilege of foundation membership made it their business to see to it that their brethren who were still under the colonial yoke attained their freedom and independence as soon as possible and, in the meanwhile, that they were treated with decency and fairness by their colonial masters. It was a tough assignment. The struggle was long, requiring a great deal of patience and endurance. It was at times fierce, requiring much dogged resolution. It also called for the deployment of intellectual agility ofthe highest order. Fortunately all these qualities were available in the rep­ resentatives of Asia and Africa who led the great struggle. These dis­ tinguished delegates also demonstrated a wonderful degree of solidarity which has, happily, become an Afro-Asian tradition at the United Nations. The battle began even before the Organisation had itself become a fact. It would have been a more difficult struggle, had there been no provision in the Charter at all in respect of colonies, by whatever name called.

Abstract: One Private International Law as a Social Phenomenon -- 1 A General Survey -- 2 The Legal and Sociological Aspects of Private International Law -- Two Historical Development of the Concepts of Private International Law -- 1 The Situation Prior to the Emergence of the Statutory Theory of Private International Law -- 2 The Emergence and Initial Progress of the Statutory Theory -- 3 French and Dutch Statutory Theory -- 4 Development in the Period of Capitalism -- Three “Universalism” and “Nationalism” in the Modern Doctrine of Private International Law Especially in Non-Socialist States -- 1 Introduction -- 2 The Main Views of the Doctrine of Public International Law on Private International Law -- 3 The Main Concepts of the Doctrine of Private International Law -- 4 The Comparative Trend in Private International Law -- Four The Object and Character of Private International Law and Its Place in the System of Law -- 1 Introduction -- 2 The General Characteristics of Private International Law and the Question of Its Object -- 3 Links Between Private International Law and Other Branches of Law and the Question of the Place Private International Law Occupies in the System of Law -- 4 The Place of Private International Law in the System of Law -- Five Comparative Jurisprudence, Private International Law and the Law of International Trade -- 1 General Survey -- 2 (Excursus) Some Problems of Comparative Jurisprudence -- 3 The Role of Comparative Jurisprudence in Private International Law -- 4 Some Notes on the Law of International Trade -- Six The Substance and Character of Application of Foreign Law -- 1 Application of Foreign Law as the Consequence and Culmination of the Conflict Rule -- 2 Application of Foreign Law and Domestic Law.

Abstract: to Seeking the answer to the three basic questions of contempo­ rary private international law, I also deemed it essential to out­ line to the reader the historical development of the different concepts of this particular branch of law, for without the know­ ledge of this history it is impossible to understand the contempo­ rary problems. The fact that private international law oscillates between public international law and substantive municipal law as it is applied in individual countries creates considerable problems in both theory and practice. I have tried to deal with these problems in the third part of my study, concerning "universa­ lism" and "nationalism" in the doctrine of private international law, as well as in its fourth part, which is devoted to the object and nature of this law and its place in the overall system of law. The character of private international law, ensuing from the plurality of municipal laws - which also characterize the origin and existence of comparative jurisprudence - in­ spired me to produce the fifth part of this study, which prima­ rily tries to expJain the theoretical problems of comparative jurisprudence but does so - defining its objectives and possibili­ ties - in order to underline at the same time its role in private international law and in the law of international trade.

Abstract: I. Purpose of the inquiry -- One History of Asylum and Basis for Its Grant -- II. History of asylum -- III. Basis for the grant of asylum -- Two Asylum from the Viewpoint of the Individual -- IV. The Individual’s position in international law with respect to asylum -- V. Asylum as a human right -- VI. The international political refugee -- Three Asylum from the Viewpoint of States -- Sub-Part A. Territorial Asylum -- VII. Rights and duties of states granting territorial asylum -- VIII. The political offense -- Sub-Part B. Non-Territorial Asylum -- IX. The forms of non-territorial asylum -- X. Diplomatic asylum -- XI. Consular asylum -- XII. Maritime asylum -- Four Conclusion -- XIII. Summary and conclusions.

Abstract: Norway’s Internal Migration to New Farms Since 1920 -- National Population Changes -- State Support of Rural Settling to the Early 20th Century -- The Ny Jord Society Program -- The State Bureising (Homesteading) Program -- Reclamation of Bogs -- Measures of Isolation -- The Continuous Settlement Region -- Inner Fringe Zone -- The Trysil District: IFZ Sample -- Middle Fringe Zone -- The Målselv District: MFZ Sample -- Outer Fringe Zone -- The Hattfjelldal District: OFZ Sample -- The Pasvik Valley District: OFZ Sample -- Outermost Fringe Zone -- Perspectives.

Abstract: I Conceptual Framework -- I. Evolutionary Perspectives -- II. Theoretical Analysis of International Privileges and Immunities -- II. Organizational Practice—The United Nations System -- III. Composition and Development -- IV. Constitutional Bases -- V. Host Nation Agreements -- VI. Assistance and Relief Agreements -- III. Organizational Practice—Regional Organizations -- VII. European Organizations -- VIII. Non-European Regional Organizations -- IV. Judicial, Financial and Security Institutions -- IX. International Courts of Justice -- X. International Financial Institutions -- XI. Security and Peacekeeping Forces -- V. Analysis and Conclusions -- XII. Composite Analysis of International Practice -- XIII. International Privileges and Immunities of the Future -- XIV. Conclusions -- Appendix I Partial list of international organizations considered -- Appendix II Extracts from general conventions on privileges and immunities -- Appendix III Summary of practice in the United Nations system -- Appendix IV Extracts of documents pertaining to regional practice -- Selected Bibliography.

Abstract: Since World War I scholars and practitioners alike have addressed themselves to defining and assessing the "new diplomacy," which the British diplomatist Harold Nicolson has branded the "American method." He distinguishes contemporary practice from earlier forms of diplomacy which, in The Evolution of Diplomatic Method (1954), on the basis of historical orientation, he designates the Greek, Roman, Italian, and French "systems" of diplo­ macy, in this order. Intensified multilaterial, as differentiated from bilateral, diplomacy - or what Lord Maurice Hankey treats as Diplomacy by Con­ ference (1946) - has become one of the principal qualities characterizing twentieth century diplomatic usage. "Conference diplomacy," in turn, consists of both ad hoc and regularized components. The latter, sometimes designated "parliamentary diplomacy," is essentially a form of institutionalized conferencing permeating the func­ tioning of permanent mechanisms called international organizations. Within them member states pursue national and collective interests and espouse national policies, confer and negotiate respecting mutual problems, engage in forensic and often public exposition, and reduce decision making, but usually only ostensibly, to a formalized voting process.

Abstract: I. Historical Development of Belligerent Recognition -- 1. The American Revolution -- 2. Spanish Colonial Wars for Independence, 1810–1823 -- II. Pre-1861 Civil Conflicts which Indicated a Need for the Status of Insurgency -- 1. The Greek Insurrection Against the Sublime Porte, 1821 -- 2. The Polish Uprising, 1830–31 -- 3. The Canadian Insurrection, 1838–39 -- 4. The Revolution of Texas, 1836 -- 5. The Vivanco Insurrection in Peru, 1856–1858 -- III. Methods of According Belligerent Recognition -- 1. The American Civil War and Development of the Concept of Belligerence -- 2. Nature and Form of Recognition: By Third States -- 3. Recognition by Foreign States -- 4. Nature and Form of Recognition: by the Parent Government -- 5. The Source of Recognition -- IV. Criteria for Timing a Grant of Belligerence -- 1. The American Argument for the Appropriate Timing of Belligerent Rights -- 2. The British Position -- 3. The View of Scholars and Publicists on the Matter of Recognition -- 4. The Geneva Arbitrations and the Question of Premature Recognition -- 5. Criteria for Timing a Grant of Belligerent Recognition -- 6. The Question of a Right of Recognition -- 7. May the Established Government Demand Belligerent Recognition as of Right ? -- V. Belligerent Recognition as de Facto Recognition of the Insurgent Government -- 1. Essential Informal Relations With an Insurgent Government -- 2. Judicial Decisions Respecting De Facto Nature of Insurgent Governments -- 3. Norms of De Facto Recognition of the Insurgent Government -- 4. The Uses of De Facto Recognition -- VI. Succession to Treaty Responsibilities in Civil Wars -- 1. The Traditional Law of Treaty Succession -- 2. Success or Failure as a Criterion for Treaty Succession -- 3. Effects of Recognition of Belligerency on Treaty Succession -- 4. Succession to Multipartite Treaties When Belligerency has been Recognized -- 5. Treaty Succession in Internal Wars Since The American Civil War -- VII. The Decline of Belligerent Recognition: Desuetude in International Law -- 1. Belligerent Recognition After the American Civil War -- 2. Reasons for the Non-Use of Belligerent Recognition -- 3. Belligerent Recognition and Desuetude -- VIII. Some Observations on Current Practice -- 1. The Nature of the System Change -- 2. The Decline of Insurgent Recognition -- 3. The Modality of Intervention -- 4. Patterns of Intervention -- 5. Developing Patterns of Bloc Intervention -- 6. Toward an International Law of Civil Conflicts -- 7. Tables of Interventions in Civil Wars, 1945–1967 -- 8. Summary.

Abstract: The present study is concerned with the development and the applica­ tions of legal norms to situations of civil strife. It also deals in a less intensive way with problems of adjustment of these norms when the ambiance of the system changes. In particular it deals with the con­ cept of belligerent recognition, a standard well-suited to the needs of the international systeum nder a balance of power arrangement and to what extent this norm, which became fully developed during the nineteenth century, has been altered to meet the needs of the new international system which has been called a loose bipolar system. Revolution has been a classic theme of social and political thinkers throughout history. Some have regarded revolutions as completely unjustifiable, while others view them as a force for progress, if not the sole agent for major social adjustment. Political evolutionists re­ gard revolutions which erupt in social violence as necessary social con­ ditioning, as a way of selecting the political elite. Those who regard social violence as healthy and good, proceed to layout prudential rules for the conduct and successful conclusion of revolutions. Those who regard social violence as unhealthy and bad, tend to stress the norms of "law and order"; and to hurl at revolutionists the imprecations of a moral law which enjoins necessary obedience to authority. The present treatise pursues none of these interesting possibilities.

Abstract: I Introduction -- I. The Attitude of theInstitut de Droit International -- II. The Attitude of the International Law Association -- III. The Attitude of the David Davies Memorial Institute -- II The Legal Basis of the Progressive Development in the United Nations of the Concept of State Jurisdiction in International Space Law -- I. The Principle of Applicability of International Law to Space Activities -- II. The Concept of State Jurisdiction in Public International Law -- III The Progressive Development of Certain Legal Principles Governing the Exercise of State Jurisdiction in Outer Space and on celestial Bodies -- I. The Competence of the United Nations -- II. The Report of the Ad Hoc Committee of the UNCOPUOS -- III. The Sessions of the Legal Sub-Committee of the UNCOPUOS -- IV The Lex Lata Regarding the Exercise of State Jurisdiction in Outer Space -- I. The “Sources” -- II. The Effect of Article VIII of the Space Treaty on the Concept of State Jurisdiction -- III. The Legal Basis of State Jurisdiction in Space Law -- V Observations de lege Ferenda -- I. A Proposal: The Concept of “Functional Jurisdiction” -- II. Reflections on the Jurisdictional Aspects of the Establishment of a Canadian Domestic Satellite Communication System -- Conclusion -- Appendices -- I. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space — U.N. General Assembly Resolution 1962 (XVIII), 13 December 1963 -- II. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 27 January 1967 -- III. Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water, 5 August 1963 -- IV. Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1967 -- V. Draft Convention Concerning the Registration of Objects Launched into Space for the Exploration or Use of Outer Space -- VI. Progress Report on the Question of the Legal Status of Spacecraft. Prepared by René H. Mankiewicz, Rapporteur, for the Space Law Committee of the International Law Association. 53rd Conference, Buenos Aires, 1968 -- Selected Bibliography -- Name Index.

Abstract: Dr. Csabafi in his clearly and concisely written book sets out to confront the most pressing jurisdictional problems arising from the exploration and use of outer space, problems which the authors of the Outer Space Treaty of 27th January, 1967, have not attempted to solve. He has recognized that in view of the lack of sufficient knowledge of tech­ nological capabilities present and anticipated of the utilization of outer space and its political, economic and social implications, the time is not yet ripe for the elaboration of specific rules to govern most of the highly com­ plex issues in this context. Apart from the lack of sufficient knowledge and experience, the achieve­ ment of a consensus on rules regarding jurisdiction in outer space is further hampered by the strongly divergent interpretations of the fundamental prin­ ciples of the Outer Space Treaty namely the principle of freedom of outer space for exploration and use and the principle of non-appropriation of outer space. In various parts of his study Dr. Csabafi has, on the basis of a thorough study of the preparatory work of the Outer Space Treaty, ex­ pressed his views on the meaning of these principles.

Abstract: I. Introduction -- II. The President and the Treaty -- The President: Goals and Constraints -- Accumulated Experiences -- Presidential Formulation of Policy -- Preliminary to Success: The American University Speech -- The Harriman Mission -- The President and the Treaty -- Linkage with Domestic Constituencies -- Linkage with Foreign Constituencies -- Conclusions -- III. Decision-Making in the Executive Branch -- The Committee of Principals -- The Arms Control and Disarmament Agency -- The Department of State -- The Atomic Energy Commission -- The Department of Defense -- Conclusions -- IV. The Media and the Treaty -- The Communication Role of the Press -- The Barometer Role of the Press -- The Decoding Role of the Press -- Magazines -- Radio and Television -- Uses of the Press by Decision-Makers -- Summary -- V. Group Articulation and Activity -- Primary and Secondary Goals -- The Activity and Position of the Peace Groups and Their Allies -- The Religious Groups -- The Economic Groups -- Veterans’ Organizations -- Opposition and Patriotic Groups -- The Experts -- The Active Groups -- VI. Public Opinion and the Test Ban Treaty -- Inputs and Responses -- Public Opinion and the Test Ban Treaty -- The Structure of Opinion on Nuclear Testing -- Interest and Apathy -- VII. The Senate: Preliminary Considerations -- Initial Senatorial Reaction -- Executive-Legislative Relations -- The Committee on Foreign Relations -- The Preparedness Investigating Subcommittee -- VIII. The Senate: The Debate and Vote -- The Senate and Public Opinion -- The Senate Debate -- Three Senatorial Approaches to Arms Control -- The Administration and the Senate -- The Senate Vote -- Conclusions -- IX. Conclusions -- Public Opinion and Foreign Policy: Burke Revisited -- Option Management -- Feedback: The Options of the Opposition -- Summary and Conclusions -- Appendix I -- Comparison Between Texts of Treaty Tabled at the Geneva Disarmament Conference on August 27, 1962, and that Signed at Moscow on August 5, 1963 -- Appendix II -- Selected Senate Roll Call Votes.

Abstract: Eighteen years after the United States presented its plan for the international control of atomic energy to the United Nations, the first major arms control agreement was signed between the United States and the Soviet Union. Including Great Britain, the three major nuclear powers pledged to refrain from nuclear tests in the atmosphere, outer space, and underwater in a treaty negotiated in Moscow within two weeks during the summer of 1963. It was hoped that the treaty would at least discourage those phases of the arms race which required large-yield nuclear explosions in the atmosphere or outer space as well as eliminate further radioactive pollution of the atmos­ phere. In addition, the test ban would discourage, though not eliminate, the development of nuclear weapons by other treaty adherents because the un­ derground testing allowed under the terms of the document would escalate already heavy costs for countries intending to conduct their first nuclear tests. The Kennedy administration expected other agreements to follow the test ban treaty, particularly an agreement to keep outer space free from 1 nuclear warheads and to outlaw underground tests in the near future. But one of the most important anticipated benefits of the treaty was the expected improvement of relations between the United States and the Soviet Union. The treaty was important not only because it was a tangible breakthrough in East-West arms-control negotiations but also because of its implications for domestic and international politics.

Abstract: I. The Relevance of Law -- Responsibility for a Law of Peace -- The Placement of Responsibility -- The Format of Responsibility -- The Present Design -- II. International Violence: The Total Challenge and the Partial Response -- International Violence: The Total Challenge -- The Partial Response -- The Response Appraised -- III. Mission: A Move toward Law -- The Exercise of Responsibility -- Mission: A Move Toward World Law -- Credentials of Acceptability: Effectiveness and Legitimacy -- Summary -- IV. Medium: An International Peace Court -- The Choice of Means -- The Choice of Method -- The Choice of Medium -- V. The Court in Design -- Effective Structure -- Participants -- Summary -- VI. The Court in Action -- Jurisdiction -- Judges -- Parties -- Claims -- Trying the Facts -- Applying the Law -- The Judgment -- VII. The Court in Impact -- Operational Effect -- The Circuitry of Deterrence -- Legal Consequence -- VIII. New Premises for a Legal Breakthrough -- First Premise: The Initiative of the Many -- Second Premise: Moral Power as a Base of International Influence -- Third Premise: Moral Power Harnessed to Legal Structure -- Fourth Premise: Legal Judgment Free of the Consent of the Adjudged -- Fifth Premise: The Unique Method of Implementation of International Law -- Summary -- IX. Making the Move -- Establishment of the Court -- Maintenance of the Court -- Summary -- X. Toward World Law -- Blessed are the Peacemakers -- Making Peace -- Making Law -- Conclusion -- Epilogue -- Model Statute for an International Peace Court -- I. General Principles -- II. Organization of the Court -- III. Jurisdiction of Parties and Subject Matter -- IV. Procedure -- V. Amendment and Participation -- Author index.

Abstract: The classical concept ofInternationalLa w, as developed by Gentilis, Gro­ tius and their successors, accepted as its starting point the sovereignty of states, from which it followed that (r) the rules of International Law were based upon the general consent of those states; and (2) that, since state sovereignty was not capable of limitation, otherwise than by the consent of the state itself, in the last resort, International Law must accept the fact of war. Two world wars within the space of thirty years, and the development of nuclear weapons of unlimited potential, have compelled statesmen and lawyers to take a fresh look at the foundations of international relations. The First World War was followed by the creation of the League of Nations, and by the establish­ ment of the Permanent Court of International Justice. The failure of both, insofar as the preservation of peace was concerned, was apparent in the continuance of international insecurity, culminating in World War II. This again was followed by the establishment of a new inter­ national organisation, the United Nations, with its auxiliary, the International Court of Justice. Nevertheless, international security seems further away than ever, and it may be suggested that it is the devastating potential of nuclear weapons, rather than the strength of international machinery, which has so far prevented a third general conflict far more disastrous than either of the two World Wars which have already taken place.

Abstract: I. The Traditional Approach to Choice of Law -- A. The General Theory -- B. The Gap between Judicial Doing and Reasoning — “Escape Devices” -- C. Critical Evaluation of the Traditional Approach -- D. The Traditional Tort Choice-of-Law Rules -- II. Three Preliminary Clarifications: Transnational Versus Interstate Conflicts, the Lex Fori Threshold and Foreign Law as Factual Datum -- A. Transnational Versus Interstate Conflicts -- B. The Lex Fori Threshold -- C. Foreign Law as Factual Datum -- III. The Concept of Public and Private Interests in the Choice-of-Law — Process — Perspectives and Values -- A. The Concept of Public Interests -- B. The Concept of Private Interests -- C. An Interest-based Approach — The Values of Judicial Creativity, Concretization and Rationality, “Domestication” of the Choice Process and Functionalism in lieu of Territorialism -- IV. Public Interests Peculiar to Conflicts Contexts: Transnational Concerns -- A. The Concept of Transnational Concerns -- B. Transnational Concerns in Reciprocal Accommodation of Public Interests and Uniform Treatment of Distinctive Problem-Areas -- V. The Process of Interest Analysis-Ascertainment of Relevant Interests -- A. Ordinary and Peculiar Aspects of the Interpretive Function -- B. Factors and Guidelines in the Ascertainment of Relevant Interests -- C. Practical Complexities in the Ascertainment of Relevant Interests -- VI. The Process of Interest Analysis-Elimination and Resolution of Conflicts of Interests -- A. Elimination of Apparent-but-not-real Conflicts of Interests -- B. Resolution of True Conflicts of Interests -- C. Recourse to the Lex Fori as a Last Resort in Conflicts Adjudication -- VII. The Prospects of Standardization in the Process of Interest Analysis -- A. New Choice-of-Law Standards — Fancies and Facts -- B. Avenues of Standardization: Accumulation of Interest-Analyses Data, Judicial and Legislative Scope-Delimitation of Legal Prescriptions, and International Legislation in Distinctive Problem-Areas -- Appendix. An Exercise in Interest Analysis -- Selected Bibliography -- General Index.

Abstract: This book is based on a doctoral thesis submitted to Yale University Law School in 1968. I wish to acknowledge my deepest gratitude to my super­ visor in the writing of the thesis, Professor Ronald M. Dworkin, whose in­ sights and criticism have conspicuously contributed to the present work. Time and again I have been inspired by the ideas expressed by hirn both in personal discussions and in his Conflict of Laws and Jurisprudence courses. It has been my privilege also to have had Professors Leon S. Lipson and Guido Calabresi as supervisors. I have derived great benefit from their sug­ gestions. A sincerely feIt appreciation is expressed to all three persons. A special debt of gratitude is owing to the Yale Law School for the gener­ ous financial support extended to me. I also wish to record my indebtedness to the Hebrew University of Jerusalem and to Tel-Aviv University for their financial assistance. I am extremely grateful to Mr. Michael Reiss, '68 Yale Law School for his significant editorial assistance. Thanks are also due to my wife Ettie for invaluable help and encouragement. Finally, I wish to thank the publishers for their courtesy and cooperation. A.S.

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: 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: 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: 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 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: 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: 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. 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: 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.