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Edited by Centre d'Etude et de Recherche de Droit

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 1993 was Les risques résultant de l'utilisation pacifique de l'énergie nucléaire/The Hazards Arising out of the Peaceful Use of Nuclear Energy.
The contents of this volume include: Bilan de recherches de la section de langue française du Centre d'Étude et de Recherche de l'Académie, par Pierre STROHL, ancien directeur général adjoint de l'Agence de l'OCDE pour l'énergie nucléaire, Paris The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Norbert PELZER, Senior Academic Counsellor, University of Göttingen.

The European Union's Foreign and Security Policy

A Legal Institutional Perspective

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Susan Wessel

The common foreign and security policy (CFSP) of the European Union and its member states reflects an unprecedented form of international cooperation on the borderline between international law and European Community law. While more 'supranational' European community, CFSP in this book is presented as a form of legal cooperation that is far from informal. The former diplomatic European Political Cooperation has developed into a policy in which the states still play an important role, but where their competences are shared with the international organisation called the European Union. Conclusions on the interpretation of the 'CFSP legal order' and on the legal status of the European Union are based on a thorough analysis of the purposes and scope of CFSP, the decision-making procedures, the nature of the CFSP decisions, the existing supervisory mechanisms and the competences of the European Union. The book addresses the key issues of international institutional law in an original and clarifying manner. This makes the book not only a valuable source for academics working in European Union law and international institutional law in general, but also for practitioners involved in national and European foreign policy making. The book contains an extensive bibliography as well as a list of adopted CFSP decisions.

Edited by Christian D. de Fouloy

The European Strasbourg Register offers the reader a complete survey of all Strasbourg-based organizations with a European dimension. Strasbourg is not presented as a competitive site to Brussels, but rather as a city with a distinct focus and definite role to play in the construction of Europe. The geostrategic location of Strasbourg is of paramount importance in bridging Northern and Southern Europe, as well as in linking West and East. The presence in Strasbourg of such institutions as the European Parliament, the Council of Europe and the European Court of Human Rights, coupled with the outstanding education and research facilities the city offers, accounts for Strasbourg's popularity among the international business and academic community.
Part One of The European Strasbourg Register contains in-depth articles by a number of leading personalities; Part Two provides a comprehensive, practical and highly detailed review of Strasbourg-based organizations with a European dimension, including intergovernmental organizations, such as the European Parliament, as well as non-governmental organizations, education and training institutions, trans-border cooperation associations, permanent foreign representatives and accredited press agencies. Thus this volume constitutes a unique and indispensable tool for diplomats, journalists, lawyers, national and international civil servants, businessmen, lobbyists, researchers and all those interested in European institutions and public affairs.

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Benedetto Conforti

This volume is the up-to-date English version of the fifth Italian edition of a textbook on the United Nations which was first published in 1971 by CEDAM (Padua).
The book aims to provide a comprehensive legal analysis of problems concerning membership, the structure of U.N. organisations, their functions and their acts taking into consideration the text of the Charter, its historical origins, and, particularly, the practice of the organisations. Developments in United Nations practice subsequent to 1971 have obviously been taken into account. As a general working criterion, the more recent practice has been added to the pre-existing one, rather than substituting it, even when past practice may appear to be obsolete. Indeed one of the aims of the book is to trace the `story' of the United Nations from its birth precisely through an analysis of the practice. Moreover, since the Charter has never undergone any substantive modifications, one cannot exclude that what may appear to be old and obsolete today could become of current interest in the future. For this reason the examination of former practice will sooner or later become useful to anyone seeking to interpret the Charter.
For instance, in 1975 the United States proposed the admission of the two Vietnams, which were separate countries at that time, and of the two Koreas, under the `package' technique. Thus the well-known 1948 advisory opinion of the International Court of Justice on the `package' proposed by the Soviet Union for collective admission in the 40s and 50s again became timely, despite its having appeared obsolete.
This legal analysis which is free of dogmatism and firmly linked to practice describes the role played by the United Nations in the past and at present better than many lengthy and inconclusive political or sociological studies. The book is very much focused on the Charter as it stands while it only marginally deals with reforms that might be introduced, such as those concerning the structure of the Security Council and the General Assembly. Indeed, it is difficult to foresee radical reforms, giving the UN an entirely new shape. This is particularly true with regard to endowing the Organisation with the force and efficacy that would be needed for the maintenance of peace and security. Recent events have clearly shown how unfeasible such an endowment would be.

Legal Assistance to Developing Countries

Swedish Perspectives on the Rule of Law

Edited by Per Sevastik

Since the early 1960s an essential ingredient of Sweden's international development aid has been focused on democracy and human rights issues and Sweden has been refining its policy continuously within this area. Today this policy has reached a certain degree of sophistication and therefore a natural focal point is on the development of the rule of law in various recipient countries. When and why was it introduced in Swedish development assistance? What does it actually entail? These and other issues related to assistance within the legal sector are discussed in this anthology written by university professors, researchers and lecturers from various law faculties and institutions in Sweden familiar with the developmental work which is channelled through the Swedish International Development Co-operation Agency (SIDA). It encapsulates both actual conditions and ideas outlining future perspectives.

Stuart Maslen

Anti-Personnel Mines under Humanitarian Law: A View From the Vanishing Point considers in depth the various customary and conventional legal regimes applicable to the use of anti-personnel mines. All involved with the global effort to control and eliminate anti-personnel mines as well as the policy-makers who are concerned about the devastation resulting from the widespread deployment of these arbitrary weapons need to familiarize themselves with the information presented in this timely volume.



Published under the Transnational Publishers imprint.

Edited by Thordis Ingadottir

The papers presented in this volume deal with important aspects of how the ICC will consider significant areas of concern such as the participation of victims and witnesses, the financing of the Court, election of judges, and the immunity of the United Nations and its officials.



All those concerned with how the new International Criminal Court will establish itself as a credible forum for dealing with a difficult docket of cases involving genocide, torture, mass displacement of peoples, and other crimes against humanity will find this volume of interest.



Published under the Transnational Publishers imprint.

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Edited by Maruice Bertrand and Daniel Warner

This book is based on a meeting, held in Geneva from 27 February to 1 March 1995, which challenged the fundamental conceptions behind the original United Nations by launching an entirely new Charter, written by Maurice Bertrand, for a worldwide organization which could replace the UN, the Bretton Woods organizations and the specialised agencies.
The `Bertrand Proposal', the written commentaries which emphasize different aspects of the proposal, and a summary of the discussions are published in this book. The `Bertrand Proposal' is a major contribution to future research and analysis of international organization and organizations and to the attempts to resolve the present crisis of the international system. The book concludes that since the type of threats against peace, economic security and social development have changed, and the international community has not formulated an adequate response, it is up to a worldwide organization to try to organize the prevention of crises and conflicts.

Series:

Edited by Centre d'Etude et de Recherche de Droit

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 1997 was L'organisation mondiale du commerce/The World Trade Organization.
The contents of this volume include: - Bilan de recherches de la section de langue française du Centre d'Étude et de Recherche de l'Académie, par Dominique CARREAU et Patrick JUILLARD, directeurs d'études, professeurs à la faculté de droit de l'Université de Paris I, anciens directeurs du départment de droit international. - The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Paolo MENGOZZI, Judge at the Court of First Instance of the European Communities, Professor of International and EC Law, Law Faculty, University of Bologna. - Annexe. Liste des participants et sujets traités. - Annex. List of Participants and Subjects Treated.

The United Nations

Past, Present and Future

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Maruice Bertrand

The United Nations is no more than a very modest element in the whole complex body of institutions which form the structure of international relations. It may thus appear surprising that this organization should have been, and can still be, the object of such enthusiasm and such hate - of such admiration and such derision - and that the most contradictory opinions should daily be expressed on what it does, on its operation and its effectiveness, and on the steps which should be taken for its reform.
It is impossible to understand this paradoxical situation without analyzing the interrelationships between ideas about peace - which were false since the beginning of the League of Nations, the manner in which these ideas have come to be embodied in a structure which prevented the institution from becoming a useful instrument of negotiation, and the accelerating rate of political change in the world, all of which make some suggest that the UN is becoming more and more irrelevant.
Today, the UN touches on everything, but does not in any way give a response to the dream of peace which it was supposed to realize.
Through a thorough analysis of the role of the League of Nations and of the UN in the field of security, an evaluation of their rare successes and their numerous failures, and a complete review of the activities of the organisation in the economic and social fields, Maurice Bertrand shows that there is a need today for a radical reform of the whole complex of global organizations.
This work is a translated and updated edition of L'ONU, published by Editions la Découverte.