Development Of International Law Research Articles

Anadromous species and the new international law of the sea

Abstract This article examines the evolution of international law relating to anadromous species, focusing exclusively on salmon and primarily considering the period since World War II. The discussion concerns major international harvesting in the western North Pacific, eastern North Pacific, and the North Atlantic. Unilateral actions are also described. Special attention is given to the relevant articles of the 1982 Convention on the Law of the Sea and to developments since its conclusion. Evidence is assessed for considering that the customary international law of the sea now recognizes the authority of the state of origin of salmon to prohibit high seas harvesting of salmon.

The UN Council for Namibia vs. Urenco, UCN and the state of the Netherlands

Nico Schrijver discusses the claim by the UN Council for Namibia against Ultra Centrifuge Nederland, Urenco, and The Netherlands in the case concerning the alleged illegal processing ofNamibian uranium. He analyzes the evolution of international law with respect to Namibia, the status of the UN Council for Namibia, the juridical value of Decree No.I, the contents of the writ of summons as well as the counter-arguments by The Netherlands government.

Lawyers and Development in the Arab World: the Role of Idli

The purpose of this article is to describe the International Development Law Institute (IDLI) and its role in the Arab world.l IDLI is a unique institution, devoted to training lawyers from developing countries. Lawyers from throughout the Maghreb and Mashraq have pariicipated in the activities of the Institute and roughly one-third of its funds are given by Arab/OPEC aid institutions. The Chan of the Board is a leading Arab lawyer, Dr Ibrahim F I Shihata, General Counsel and Vice-President of the World Bank.

Legal Aspects of Trade Preferences for Developing States: A Study in the Influence of Development Needs on the Evolution of International Law, by Abdulqawi Yusuf. The Hague/Boston/London: Martinus Nijhoff Publishers, 1982. Pp. xx, 185. Dfl. 100.00/US $43.50 (cloth).

Legal Aspects of Trade Preferences for Developing States: A Study in the Influence of Development Needs on the Evolution of International Law, by Abdulqawi Yusuf. The Hague/Boston/London: Martinus Nijhoff Publishers, 1982. Pp. xx, 185. Dfl. 100.00/US $43.50 (cloth).

Introduction and Report of Proceedings: Perspectives for the 1980s

We cannot discuss international law and its possible evolution towards a new international law of development without briefly reminding ourselves of what law is and how it emerges. What makes law, in other words? Law, a legal system, first of all presupposes a community. In the international case this is a community of autonomous states. Next—to achieve an effective system—there must be consensus on both the means and the ends of regulation of relations within that community or an authority with power to execute the rules of that system. At the end of the day the international community has depended, and continues to depend, on a blend of consensus and authority. Next, there must be structure, an organised network of institutions for the determination of rules (“sources”), for the resolution of conflicts and for the carrying into effect of decisions on those rules and conflicts. Thus law cannot exist without purpose; the law embodies goals which may be limited or extensive in their reach—the law is for something, some end. Lastly, of course, there must be rules which specify how the system is to work, and the actual content of the relations prescribed. In the evolution which we have witnessed since the Second World War international law has moved in all these respects; and this movement is quite vital for the theme of international law and development.

The Draft Code of Offences Against the Peace and Security of Mankind

At its session that ended in December 1980, the United Nations considered a subject that had been allowed to lie dormant for over a quarter of a century. It was first taken up in 1946, after President Truman called for the reaffirmation of “the principles of the Niirnberg Charter in the context of a general codification of offenses against the peace and security of mankind.” The General Assembly responded promptly by passing three resolutions in rapid succession on December 11, 1946, which created a Committee for the Progressive Development of International Law and its Codification, affirmed the Nuremberg principles, and declared that genocide was an international crime. The International Law Commission (ILC) was charged with preparing the desired Code of Offences after its establishment in 1947. Yet, 34 years after the General Assembly’s call for action, the refrain was still being heard: “The time is not yet ripe.” The question likely to face the United Nations when it reconvenes in 1981 will be: “If not now, when?”

Annual Conference of the Canadian Council on International Law

The Fourth Annual Conference of the Canadian Council on International Law was held at the University of Ottawa on October 24 and 25, 1975. The theme of the Conference was the international law of development and three sessions dealt with the evolving law of development, development aid and trade, and development and foreign assistance.The first session, chaired by Mr. Erik Wang, of the Department of External Affairs, began with a paper presented by Dr. Oscar Schachter, formerly Deputy Director of UNITAR and currently Professor of International Law at Columbia University. Dr. Schachter appropriately set the scene by responding to the question whether it is possible to speak of an international law of development.

Some Remarks on the Factors Influencing the Emergence and Evolution of International Law

Scientific enquiry has shown that no branch of law can be attributed to a supernatural, natural or any other cause detached from the economic design of society. The concept of positive law is variously interpreted: It is spoken of as a man-made system; as a law applied to and respected by man; as an inevitable consequence of every superior authority and an element intrinsic to its functions; as a law arising out of the competence of only some of the organs of state and as one medium of expression of the will of states. Positive law is held to be based on either formally recorded enactments or on unwritten accepted practices. It is considered to be a category of conduct applied to and observed within the frameworks of individual social groupings described as states (domestic law), or to some or all of these groupings collectively (international law). But whatever the concept applied to positive law, every single interpretation suggested affirms that it is, and has never been anything but, a socio-historic phenomenon evolved and shaped over the course of time out of the crucible of human behaviour and is in a perpetual state of flux.

Quincy Wright's A Study of War and the Bellum Justum Theory

ANY attempt to improve international relations by eliminating war as the worst of all evils must start from the actual status of international law. A clear insight into the legal position of war is indispensable. In his standard work on war, one of the most important publications in the field of political and legal science of recent years, Professor Quincy Wright characterizes the evolution of international law with respect to the legal position of war as follows:

Island of Palmas Arbitration Case.

3International Law — In General — Extent of Application in Point of Time — So-called “Inter-temporal” Law — Appreciation of Juridical Facts in the Light of the Law Contemporary with Them — Continued Existence of Rights and the Evolution of International Law — Application to Questions of Occupation — Effectiveness of Inchoate Title.