Justice in International Law: Selected Writings
Cambridge University Press, 6/9/1994
EAN 9780521462846, ISBN10: 0521462843
Hardcover, 648 pages, 23.4 x 15.6 x 3.5 cm
Language: English
Judge Stephen M. Schwebel has been a highly respected member of the International Court of Justice since 1981. Since 1947 he has written more than 100 articles, commentaries and book reviews in legal and other periodicals and in the press. This volume brings together 36 of his legal articles and commentaries of continuing interest. The first part of the book examines the performance and capacity of the International Court of Justice, the second with aspects of international arbitration, and the third part looks at problems of the United Nations, especially the authority of the Secretary-General, the character of the Secretariat and financial apportionment. Part IV deals with questions of international contracts and taking foreign property interests, while the fifth part considers the development of international law, and in particular the central problem of the unlawful use of force.
Part I. INTERNATIONAL COURT OF JUSTICE
1. Reflections on the role of the International Court of Justice
2. Relations between the International Court of Justice and the United Nations
3. Was the capacity to request an advisory opinion wider in the permanent Court of International Justice than it is in the International Justice?
4. Authorising the Secretary-General of the United Nations to request advisory opinions of the International Court of Justice
5. Preliminary rulings by the International Court of Justice at the instance of national courts
6. Chambers of the International Court of Justice formed for particular cases
7. Three cases of fact-finding by the International Court of Justice
8. Indirect aggression in the International Court
9. Human Rights in the World Court
Part II. INTERNATIONAL ARBITRATION
10. Arbitration and the exhaustion of local remedies
11. Arbitration and the exhaustion of local remedies revisited
12. Some aspects of international law in arbitration between states and aliens
13. The majority vote of an international arbitral tribunal
14. The prospects for international arbitration
inter-state disputes
Part III. UNITED NATIONS
15. The origins and development of Article 99 of the Charter
16. The international character of the Secretariat of the United Nations
17. Secretary-General and Secretariat
18. A United Nations 'guard' and a United Nations 'legion'
19. Mini-states and a more effective United Nations
20. Article 19 of the Charter of the United Nations
Memorandum of Law
21. The United States assaults the ILO
22. Goldberg variations
Part IV. INTERNATIONAL CONTRACTS AND EXPROPRIATION
23. Report of the Committee on Nationalisation of Property of the American branch of the International Law Association
24. The story of the United Nations Declaration on Permanent Sovereignty over Natural Resources
25. Speculations on specific performance of a contract between a state and a foreign national
26. On whether the breach by a state of a contract with an alien is a breach of international law
27. Some little-known cases on concessions
28. Commentary on 'Social discipline and the multinational enterprise' and 'security of investment abroad'
Part V. AGGRESSION UNDER, COMPLIANCE WITH, AND DEVELOPMENT OF INTERNATIONAL LAW
29. The legal effect of resolutions and codes of conduct of the United Nations
30. The United Nations and the challenge of a changing international law
31. What weight to conquest
32. The Brezhnev Doctrine repealed and peaceful co-existence enacted
33. Aggression, intervention and self-defense in modern international law
34. Address and commentary
35. The compliance process and the future of international law
36. Government legal advising in the field of foreign affairs.