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The European Union's Foreign and Security Policy

A Legal Institutional Perspective

Series:

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.

Series:

United Nations

Fully indexed, the 1992 edition of the Yearbook is the single most current, comprehensive and authoritative reference publication about the work of the United Nations, other international organizations and related bodies. The book is designed not just for use by diplomats, officials and scholars but also by other researchers, writers, journalists, teachers and students.
The year 1992 was a remarkably eventful one for the United Nations and in the conduct of international relations. This volume of the Yearbook details the activities of the United Nations, its many organs, agencies and programmes, working together to rekindle a new form of multilateral cooperation for a better world. It records the diverse and globe-encompassing activities of the United Nations and its enduring efforts to deal with the world's pressing concerns, particularly matters of international peace and security, disarmament, human rights, the settlement of regional conflicts, economic and social development, the preservation of the environment, control of drugs and narcotic substance abuse, crime prevention, adequate shelter, youth and the ageing and humanitarian assistance for refugees as well as disaster relief.
The Yearbooks for the years 1988, 1989 and 1990 are expected to be published within the next two years.

William Kurt Barth

This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theorists’ account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.

The International Criminal Court

The Making of the Rome Statute: Issues, Negotiations and Results

Edited by Thomas H.C. Lee

Edited by Pieter H.F. Bekker

This book provides a full description of the judicial activity of the International Court of Justice (ICJ) during the busiest decade in its 50-year history (January 1, 1987 - December 31, 1996). The introductory chapter provides a basic description of the role and procedures of the ICJ, designed to facilitate a better understanding of its functioning. Actual statistics from the period 1987-1997 are used as examples. Ten chapters contain the scholarly commentaries of thirteen mainly American international lawyers on the twelve Judgements and five Advisory Opinions rendered by the ICJ between 1987 and 1997.
Each commentary describes the facts of a particular case, the arguments of the parties involved and the decision of the ICJ.
Each commentator also gives his personal assessment of the decision reviewed and explains the decision in the light of the Court's earlier jurisprudence and international law.
Every chapter opens with a review of the judicial activity of the ICJ during a given year, using the General List of ICJ cases, pleadings filed, Orders, Judgements and Advisory Opinions issued and hearings held at the Peace Palace to describe the statistics on the docket of the ICJ, the composition of the ICJ (Judges and Judges ad hoc), the regional distribution to States parties in cases before the ICJ, together with a list of the most important ICJ literature. In sum, the book presents `all you ever wanted to know about the World Court' between 1987 and 1997 for both ICJ practitioners and students of international law.
The book includes reprints from the American Journal of International Law as well as new material.

Evolving Constitutions of International Organizations

A Critical Analysis of the Interpretative Framework of the Constituent Instruments of International Organizations

Series:

Tetsuo Sato

This book analyzes the law-creating process relating to the interpretation of constituent instruments of international organizations. This topic is one of the key issues concerning the structures and activities of international organizations. It differs from other books in the field by suggesting that, under the influences of the inherent dynamism of international organizations, the interpretative framework of their constituent instruments is not the same as that of ordinary treaties. It also concludes that the interpretation of the constituent instruments of international organizations deviates from the interpretative framework regulated by the law of treaties as codified by the Vienna Convention on the Law of Treaties. The book will be of prime interest to academics in the fields of international law and international organization and treaty law.

Series:

Karel C. Wellens

Everyone talks about the limitations of the judicial system in the context of international commercial disputes. But no one actually seems to address the possibilities for and appropriateness of judicial remedies in such disputes. This study examines how the International Court of Justice and its predecessor, the Permanent Court of International Justice, have dealt with economic disputes and arrives at highly interesting conclusions, challenging the widespread view that the Court is not an appropriate forum to handle economic disputes between states. While much depends on how one defines an `economic dispute', a comparison of the use of the court system versus the use of arbitration in such cases offers new insights. Among them: the observation that the once-clear distinctions between adjudication and arbitration are in fact diminishing, as evidenced, for example, in the use of the Chamber procedure of the International Court of Justice in a number of cases in recent years.
The author sets out observations, conclusions, evaluations, and recommendations in a complete, straightforward fashion. The material is divided into easy-to-follow parts, each with concluding remarks. Paragraphs are separately labeled with bold headings to facilitate quick access to the information needed.
This book enables scholars and practitioners to look at a critical issue in the field - the role or non-role of courts in certain international disputes - in an entirely new way, providing insightful material for thought, discussion, and practice.

Series:

Bardo Fassbender

This book is a timely contribution to the present discussion of a constitutional reform of the United Nations, a discussion rekindled by the end of the cold War and the significant involvement of the UN in international peacemaking and peacekeeping since the Kuwait crisis. Like the new debate, the work focuses on the Security Council, its composition and possible enlargement, its decision-making process and competences, and its relationship with the General Assembly and the International Court of Justice. Particular regard is given to the right of veto of the permanent members of the Security Council, which is seen as the central, and most problematic, feature of the present constitution of the UN.
The work describes and analyzes the reform discussion as it has taken place at the UN since 1991. The different proposals made by governments, NGOs and individual scholars are evaluated by applying a number of standards and concepts ensuing from a perception of the UN Charter as constitution of the international community. Thus, the study advances a comprehensive constitutional theory of the UN and redefines the place of the Charter in contemporary international law.

Francis Kofi Abiew

The topic of humanitarian intervention has become increasingly significant since the end of the Cold War. Despite a substantial body of literature on the subject in the past, recent developments justify a contemporary study of the subject.
This book is not only timely, given the crises which have occasioned United Nations interventions over the past several years, but enduring, as international political structures undergo stress and reform, and as international law and international relations theorists grapple with the sovereignty/intervention problem. It defends the emergence of a right of humanitarian intervention and argues that state sovereignty is not incompatible with humanitarian intervention. After a thorough review of historical precedents, the book concludes by assessing contemporary developments in terms of sources of support for intervention on humanitarian grounds.