United Nations (Ed.), International Law as a Language for International Relations. Proceedings of the United Nations Congress on Public International Law, New York, 13―17 March 1995, Kluwer Law International, The Hague/London/Boston 1996, 675 pp., ISBN 90―411―0308―2.

in Austrian Review of International and European Law Online
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United Nations (Ed.), International Law as a Language for International Relations. Proceedings of the United Nations Congress on Public International Law, New York, 13―17 March 1995, Kluwer Law International, The Hague/London/Boston 1996, 675 pp., ISBN 90―411―0308―2.

in Austrian Review of International and European Law Online

References

1 Resolution 44/23 of 17 November 1989, reprinted in 43 UNYB 848 (1989). 2 See e.g. J. Boyle, Ideals and Things: International Scholarship and the Prison-house of Language, 26 Harv.ILJ 327 (1985). See also D. Kennedy, A New Stream of International Law Scholarship, 7 Wisc.ILJ 1, 29 (1988), who states that "[plublic international law presents itself [...1 as the language in which international affairs is written". For an excellent survey and eval- uation see D.Z. Cass, Navigating the Newstream: Recent Critical Scholarship in International

Law, 65 Nord.JII. 341 (1996), particularly at 359-62. See already P. Allott, Language, Method and the Nature of International Law, 45 BYIL 79 (1971). 3 In this context it is a commonplace to refer to French post-structuralism, see C. Norris, Deconstruction: Theory and Practice (1982). Cf. C. Joerges, Amerikanische und deutsche Traditionen der soziologischen Jurisprudenz und Rechtskritik, European University Institute, Florence, EUI Working Paper LAW, No. 88/354 (1988), at 38, who remarks that "Derrida's � prominence is a phenomenon by itself" (transl. by the author). 4 D. Kennedy, A New Stream of International Law Scholarship, 7 Wisc.ILJ 1, 39 (1988). See also id., International Legal Structures 31 (1987). 5 M. Koskenniemi, From Apology to Utopia. The Structure of International Legal Argu- ment 474 (1989). 6 Cass, supra note 2, at 361. 1.

7 B. Simma, From Bilateralism to Community Interest in International Law, 250 RdC 217 (1994-VI). 8 Case concerning East Timor (Portugal v. Australia), 1995 ICJ 90 (Judgment of 30 June 1995).

9 Cf. P.D. Coffman, Obligations Erga Omnes and the Absent Third State, 39 GYIL 285 (1996), particularly at 309-21 and 332; see also N.S. Klein, Multilateral Disputes and the Doctrine of Necessary Parties in the East Timor Case, 21 Yale JIL 305 (1996). See however C. Annacker, The Legal Regime of Erga Omnes Obligations in International Law, 46 AJPIL 131, 165 (1994), who concludes that the procedural law of the ICJ stricto sensu is not opposed to the implementation of erga omnes obligations. 10 Rein, supra note 9, particularly at 309 and 346, with reference to "a theory proposed by Antonio Cassese" describes the Court's movement to and fro, i.e. between bilateralism and community interest, as oscillating between the "Westphalian and the U.N. Charter models". I would prefer the idea that the Court simply was confronted with the "conventional dilemma" between subjectivism/consent/sovereignty and objectivism/justice/community. Simma, supra note 7, at 298, remarks with regard to the East Timor case that the ICJ as "the paramount judicial institution [in international law] appears hitherto to only pay lip-service" to obligations erga omnes. 11 Cf. M.M.T.A. Brus, Third Party Dispute Settlement in an Interdependent World 150-1 and 178-95 (1995). 12 See J.R. Crawford, Democracy and International Law, 64 BYIL 113, 130 (1993).

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