• An International Structure for Implementation of the 1949 Geneva Conventions: Needs and Function Analysis

      Paust, Jordan (1974-01-01)
      "Freud views the atrocities of war as more natural than the civilized behaviour of man," and he considers that "what we call 'peace' is, apparently, a period during which forces both psychic and material are dammed up."
    • The Developing International Law on Gathering and Sharing Security Intelligence

      Colby, Jonathan (1974-01-01)
      The survival of all participants in the international arena rests upon the maintenance, short of actual and viable disarmament, of a system of effective mutual deterrence among the major participants. This system-is based on the capability of each major participant to inflict an intolerable degree of destruction upon any other who might strike first with nuclear weapons. Given such a capability at present and for the foreseeable future, effective mutual deterrence in turn depends upon the major participants' adequate knowledge of their respective capabilities and intentions, sufficient to reveal a relative balance and thereby to deter a nuclear first strike by any of them.
    • Humanitarian Intervention Under Contemporary International Law: A Policy-Oriented Approach

      Chilstrom, Robert (1974-01-01)
      The last decade has been marked by a revival of interest in the contemporary applicability of traditional international law doctrines of humanitarian intervention. During the period between the two world wars, a significant number of state elites adhered to a strict construction of the theory that under international law each nation is completely "sovereign" and "independent". Hence, since international law deals solely with external relations between states, and since what occurs within the state between the "sovereign" and his "subjects" has, by definition, no effect on external inter-state relations, intervention for humanitarian purposes by another state on behalf of the "subjects" of a foreign :'sovereign" lay outside the scope of international law. Under this theory it was lawful for a foreign state to criticize Hitler's treatment of Polish Jews, but Hitler's persecution of German Jews was entirely his affair. Writing in 1956, summarizing the experience of the thirties, the Thomases were able to conclude that Not even the most revolting violations of the common laws of decency and humanity committed by a government against its own subjects was sufficient grounds for other states to criticize officially the political organization which made such outrages possible. Humanitarian intervention in the twentieth century, therefore, retains but little vigor.
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      1974-01-01
    • The New Haven School of International Law: An Invitation to A Policy-Oriented Jurisprudence

      Suzuki, Eisuke (1974-01-01)
      In the last quarter-century the writings by Professors Myres S. *I am indebted to Michael Forde of Cambridge University for his critical comments and many useful suggestions on an earlier draft of ti-is essay. Responsibility for the views expressed, however, is my own.
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      1975-01-01
    • Towards a New International Economic Order

      Hudes, Karen (1975-01-01)
      A serious dialogue is under way in the international community between rich and poor nations (North and South) to determine the structure of international economic relations in future decades. At stake are the rules which govern international trade, finance, investment and the allocation of world income. The new international order, first proclaimed on May 1, 1974, in the Declaration of the Establishment of a New International Economic Order (Resolution 3201 S-VI) and the Programme of Action (3202 S-VI) at the closing of the Sixth Special Session of the General Assembly of the United Nations, has spawned an ongoing series of negotiations which can be expected to continue for some time to come. Current events have borne-out the statement made by Mr. Richard of the United Kingdom on May 3, 1974 at the conclusion of the Sixth Special Session: I believe that this Assembly will, in later years, be seen as a turning point: the United Nations is committing itself to a serious attempt to create a new world economic structure through the processes of rational discussion and orderly change. We have thus proclaimed the agenda of much of the international community's business for the next decade. Things will never be the same again.
    • Non-Conforming Political Opinion and Human Rights: Transnational Protection Against Discrimination

      McDougal, Myres; Lasswell, Harold; Chen, Lung-chu (1975-01-01)
      In a world arena characterized by persisting expectations of violence and a concomitant trend toward politicization, there has been a deepening community concern for outlawing intolerance toward non-conformists. Expectations of violence and perception of crisis within a particular territorial community often lead to the mobilization of ,group defenses, with ruthless suppression of dissident views and discrimination against the holders of such views. The concern of the larger community both builds upon and expresses a more general norm of nondiscrimination which seeks to forbid all generic differentiations among human beings in the shaping and sharing of values for reasons irrelevant to individual capabilities and contribution. The particular norm against discrimination on the ground of nonconforming opinion finds expression in many authoritative communications, at both transnational and national levels, and, under appropriate conditions, could be made an important bulwark for the protection of political freedom.
    • Non-Conforming Political Opinion and Human Rights: Transnational Protection Against Discrimination

      McDougal, Myres; Lasswell, Harold; Chen, Lung-chu (1975-01-01)
      In a world arena characterized by persisting expectations of violence and a concomitant trend toward politicization, there has been a deepening community concern for outlawing intolerance toward non-conformists. Expectations of violence and perception of crisis within a particular territorial community often lead to the mobilization of ,group defenses, with ruthless suppression of dissident views and discrimination against the holders of such views. The concern of the larger community both builds upon and expresses a more general norm of nondiscrimination which seeks to forbid all generic differentiations among human beings in the shaping and sharing of values for reasons irrelevant to individual capabilities and contribution. The particular norm against discrimination on the ground of nonconforming opinion finds expression in many authoritative communications, at both transnational and national levels, and, under appropriate conditions, could be made an important bulwark for the protection of political freedom.
    • State Responsibility for Environmental Protection and Preservation: Ecological Unities and a Fragmented World Public Order

      Schneider, Jan (1975-01-01)
      It is today becoming widely recognized that the planet earth--or, more expansively, the entire earth-space system--is an ecological unity both In a basic scientific sense and in the sense of interdependencies of the social processes by which mankind uses it. The plants, animals (including homo sapiens) and micro-organisms that inhabit the planet are united with each other and with their nonliving surroundings in a network of complex, interrelated natural and cultural components known as the planetary "ecosystem." While there is this increasing realization of inextricable ecological interrelatedness, the world public order today remains essentially a loosely organized decision- making system in which some one hundred and fifty different territorial communities seek to promote and aggrandize their own particular interests. Although the states-as-sole-actors approach to international politics has long been discredited, the primacy of the state in contemporary international law and politics seems to remain unchallenged for the foreseeable future.
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      1976-01-01
    • The Foreign Sovereign Immunities Act of 1976: Its Origin, Meaning and Effect

      Weber, Fredric (1976-01-01)
      Following replacement of Dr. Francois "Papa Doc" Duvalier by his son, Jean-Claude "Little Doc" Duvalier, as President of the Republic of Haiti in 1971, the previously strained relations between Haiti and the United States eased somewhat. Although the United States did not wish to resume direct arms sales to Haiti, it did encourage private armament sales by American firms. Thereafter, Aerotrade, Inc., a Florida corporation, entered into a procurement contract with Haiti agreeing to sell it an assortment of military equipment. Later a dispute arose between the parties over the contract's terms. After negotiations failed, Aerotrade filed suit in the United States District Court for the Southern District of New York to enforce its contract rights by attaching funds of the Banque Nationale de la Republique d'Haiti, as alter ego of the Republic of Haiti, on deposit with First National City Bank. Aerotrade claimed damages for lost profits on orders that Haiti failed to place and $867,000 for goods sold and delivered to Haiti for which payment was never received.
    • International Diplomacy in Perspective-A Contextual Analysis

      Murty, B (1976-01-01)
      This article presents a contextual analysis of the international diplomatic process, the initial part of a policy-oriented study of international diplomacy.1 The central concern of this writing is authoritative decisions, both in the past and in the future, and the policies that should guide this process in attaining a preferred world public order. To appreciate the policy issues underlying decisions, however, one must understand the contexts in which the decisions are made. To clarify how diplomatic decisions are made, this article will analyse the participants in the diplomatic process, the perspectives that they have, the arenas in which the process occurs, the base values and strategies employed by the actors, together with the outcomes and effects of the process.
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      1976-01-01
    • International Law and Economic Coercion: "Force," The Oil Weapon and Effects Upon Prices

      1976-01-01
      After numerous writings on the legal permissibility or impermissibility of the employment of the Arab oil weapon from October 1973 to March 1974 and the social consequences of the decision to employ economic coercion against numerous states, adequate attention has not yet been paid to three important aspects of law and fact: (1) A policy-oriented interpretation of Article 2(4) of the United Nations Charter, (2) Production Cuts and Embargoes, and (3) Price Increases and War Aims. Confusion and even outright inaccuracy has flowed from the printed scratchings of scholars and advocates engaged in an incomplete reference to legal policies at stake and the many relevant features of context. Insufficient attention has also been paid to past trends in authoritative decision, conditioning factors and the effects of particular strategies of economic coercion upon all values in various interdetermined social processes.
    • Enforcement in United States Courts of the United Nations Council for Nambia's Decree on Natural Resources

      Shockey, George (1976-01-01)
      Under the international legal system, enforcement does not necessarily follow authoritative decision. In contrast with the structure of national legal systems, international decision-making processes typically do not take place within a system that offers institutionalized assurance of bringing about compliance. Uncertain enforcement of international decisions reduces the incentive to comply in particular cases. Possible failure of enforcement moreover undermines expectations of effectiveness and authority which are fundamental aspects of any regime of law. On the international plane enforcement action may imply the resort to coercive measures of a possibly violent nature. It may therefore entail the threat of an armed confrontation between enforcer, or enforcement agency and the party against whom the international decision is to be made effective. The choice of the proper enforcement strategy will thus depend on a balanced assessment of the probability of effectiveness and the maintenance of peace associated with the particular alternative courses of action available in a given situation.
    • Contemporary Law of the Sea: Transportation, Communication and Flight

      Burke, William (1976-01-01)
      This paper examines contemporary international law of the sea pertaining to the movement of vessels and aircraft on, over, and under the oceans. Special attention is devoted to the Geneva Session of the Third Law of Sea Conference (LOS). After initial broad description of basic claims and fundamental policies, discussion centers upon the major categories of claim and counterclaim, the more detailed policy considerations involved, and the trends in decision respecting each category of claim, including description of major LOS proposals and the Single Text. Trends are assessed in terms of suggested policies and recommendations are offered.
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      1977-01-01
    • Myth System and Operational Code

      Reisman, Michael (1977-01-01)
      From the standpoint of the disengaged observer, the most overwhelming feature of social systems is the integrality and the seamless symbiosis of controller and controlled. But for certain problems, inquiry about legal control must distinguish the flow of behavior which comprises group life from those specialized institutions which purport to-control, in diverse ways, what that flow of behavior ought to be. The specialized institutions--and they are not limited to the apparatus of the state--convey, both for themselves and for their targets, a very complete picture of how the group in question ought to be acting: a picture of the group as its members would like to imagine it and to some extent do imagine it. Membership in the group involves for most acculturation, a profound shaping of the personality, in processes which impart that preferred picture and make it an integral part of the identity and cognitive structure of the individual. That picture includes the official code of the group and much of its distinctive ritual.
    • International Control Over the Pricing of Resources: A Configuration Approach

      Arsanjani, Mahnoush (1977-01-01)
      Demand for a new definition and function of pricing more compatible with changing community goals has increased during the past few years. The ongoing battle between the developed and the developing countries about reconstructing a pattern of world trade for a more equitable distribution of values challenges traditional pricing theory. That theory appears to be increasingly inadequate as an instrument of contemporary policy, fostering a system which makes the rich richer and the poor poorer. The new demands require a more comprehensive conception of the function of pricing and a reevaluation of the factors to be taken into account in price determination. Pricing cannot remain as an isolated economic theory, considered relevant only to a few problems, with objectives separated from the larger general community policies. Pricing theory should be compatible with, and where possible contribute to and support, all recommended general community policies as an aspect of overall fiscal policy. It should be made to perform a much broader and more constructive role in protecting common interests. To this end, we define pricing as a process of decision precipitating multiple value effects throughout all the communities affected. It is a process for allocating the benefits and costs arising from use and enjoyment of resources and for effecting a more general distribution of values. The newer demands require that pricing perform the function, not merely of allocating the benefits and costs arising from the immediate exploitation of particular resources, but also of securing a preferred distribution of values not necessarily arising from the resources carrying a particular "price-tag."