The present volume is the fourth in a series,
The Judges, which collects and synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law.
The series was launched with the Judicial Opinions of Shigeru Oda, former Judge and Vice President of the International Court of Justice. This collection of Opinions covers the period from the year 1993 until his retirement in 2003. All of the individual Opinions filed by Judge Oda in this period - Separate Opinions, Declarations and Dissenting Opinions - are included, and they are published in full, without editorial cuts. The study includes a
résumé and analysis of Judge Oda's Judicial Opinions, through the cases, and attempts some identification and synthesis of the main elements in his approach to decision making and opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.
The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law.
To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges.
Towards World Constitutionalism argues the case for a more ‘constitutionalized’ system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies.
This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.
This is the third volume of the
Hague Yearbook of International Law, which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title
Hague Yearbook of International Law reflects the close ties which have always existed between the A.A.A. and the City of The Hague with its international law institutions and indicates the Editors' intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal and the Hague Conference on Private International Law.
This volume contains in-depth articles on these developments and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal.
In addition, the 1990 volume contains the papers of the Thirty-Third A.A.A. Congress held at Aix-en-Provence on `Communications and International Law'.
Despite the decrease in tension between East and West, the world is still faced by many threats to international security: a deteriorating environment, terrorism, drug trafficking, humanitarian emergencies, serious human rights violations and mass exoduses of populations.
There is a growing need to devote more attention to how these international security challenges can be dealt with; piecemeal approaches and strategies no longer suffice. The interaction of security issues, and their global nature, call for broad and integrated strategies of management and of governance.
States are now discovering that if they are to protect their own interests, they will need to entrust to the international community, through the agency of international organizations, competences for the protection of the common interest and human welfare. The United Nations will be called upon to operate an integrated global watch in the environmental, military, political, economic, social and humanitarian sectors: a system of early-warning can prevent potential political conflicts or humanitarian emergencies.
The present work sheds some light on the principles of international law for the conduct of early-warning and preventive diplomacy, and shows the urgent need for the establishment of a true Global Watch. The world is now threatened by problems never experienced before in the history of the international community, and partnership and cooperation will be crucial if the international security challenges of the future are to be addressed successfully.