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Justice in International Law

Stephen M. SchwebelInternational Court of Justice

ISBN13: 9780521462846

ISBN: 0521462843

Published: September 1994

Publisher: Cambridge University Press

Format: Hardback

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Paperback edition , ISBN13 9780521072991

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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.

Contents:: 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.