The Rule of Law in International Affairs: International Law at the Fiftieth Anniversary of the United NationsMartinus Nijhoff Publishers, 26 авг. 1998 г. - Всего страниц: 242 This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations. |
Содержание
CHAPTER II | 18 |
CHAPTER III | 35 |
CHAPTER IV | 52 |
D IS DEMOCRACY A CRITERION OF LAWFUL GOVERNMENT | 59 |
CHAPTER V | 65 |
CHAPTER VI | 79 |
H PROBLEMS OF APPLICATION OF THE PRINCIPLES | 85 |
CHAPTER VII | 94 |
CHAPTER XI | 150 |
H PARTICULAR CATEGORIES OF EVIDENCE OF TITLE | 156 |
8 Maps as evidence of nonofficial professional | 159 |
D THE GENESIS OF THE EQUITABLE PRINCIPLES GOVERNING | 165 |
G THE APPLICATION OF EQUITABLE PRINCIPLES | 173 |
CHAPTER XIII | 179 |
CHAPTER XIV | 194 |
CHAPTER XV | 211 |
CHAPTER VIII | 107 |
CHAPTER IX | 122 |
iii Claims for damages | 131 |
E WHAT CONSTITUTES EXPROPRIATION? | 138 |
1 THE EMERGENCE OF NEW CRITERIA 19621974 | 144 |
G HUMAN RIGHTS STANDARDS | 225 |
231 | |
233 | |
Часто встречающиеся слова и выражения
accepted action acts adopted application arbitration areas armed attack Australia Award basis boundary breaches British Year Book Brownlie claim Clarendon Press coasts compensation compulsory jurisdiction concept concerning constitute context continental shelf Convention Corfu customary international law customary law damage decision declaration declaratory judgment determination dispute effective equitable principles evidence existence expropriation fact fishery zones force Government Gulf of Maine human rights Ibid ICJ Reports 1969 International Court International Law Reports international tribunals involved issue Jan Mayen judicial Lauterpacht legal régime Libya/Malta ment Minquiers multilateral Nicaragua North Sea Nuclear Tests obligations opinion Oxford paragraph paras particular parties peace practice procedural Public International Law public order question recognized Recueil des cours reference relation relevant request resolution respect responsibility role Rule of Law Security Council self-defence self-determination settlement sovereignty special agreement standards supra footnote tion tional law treaty United Kingdom United Nations Charter uti possidetis Whilst Zealand
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