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Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam

Michigan Journal of International Law

This article considers an issue that, given its importance for the protection of combatants and civilians in armed conflict, has not attracted the attention it warrants: namely, the extent to which legal restraints derived from the ius in bello and the ius ad bellum apply to the Security Council when it is taking military enforcement action under Chapter VII of the United Nations Charter. Although a position not free from controversy, the recent practice of the Security Council in "authorizing" States to use force to restore international peace and security is treated as military enforcement action under Chapter VII of …

The Place Of Law In Collective Security, Martti Koskenniemi

Michigan Journal of International Law

In this article the author wants to examine the place of law in our thinking about and sometimes participation in decision-making regarding international security. After the end of the Cold War, and particularly since the United Nations' reaction to Iraq's occupation of Kuwait in 1990-91, an academic debate concerning the possibility of collective security has arisen anew. The intention is not to take a definite view in that controversy. Instead, the author shall suggest that this debate has been framed so as to obscure the role of normative considerations, including law, in the production or construction of collective security. A …

Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler

Michigan Journal of International Law

In Part I of this article, I provide a discussion about the use of traditions of thought in international relations. Part II begins by briefly examining the fundamental purpose of the Security Council – the maintenance of international peace, and security. I then analyze the philosophical origins of the idea of maintaining international peace and security through an international organization to demonstrate how liberal thought on international relations came to incorporate this idea. In this analysis, I will demonstrate that liberal thought on the appropriateness of relying on international organizations to maintain peace and security is not unified and that …

Collective Humanitarian Intervention, Fernando R. Tesón

Michigan Journal of International Law

This article discusses collective intervention authorized by the Security Council, with a special emphasis on the concept of exclusive domestic jurisdiction. Part I first examines the different meanings of the notoriously ambiguous word "intervention." Because the legitimacy of collective intervention will depend in part on whether or not the matter falls within the domestic jurisdiction of the target state, Part II will then discuss contemporary views of domestic jurisdiction. Finally, Parts III and IV discuss collective humanitarian intervention under the principles of the U.N. Charter and examine the practice of the Security Council since the end of the Cold War. …

The Role Of The United Nations Security Council In African Peace Management: Some Porposals, A. Peter Mutharika

Michigan Journal of International Law

The United Nations global peace management scheme is based on certain fundamental assumptions that require serious reexamination as we enter the twenty-first century. Fundamental to the 1945 vision of global peace management was the prevention of a third world war through collective action by the great powers. Structurally, this was to be achieved by a system of great power governance through the mechanism of the Security Council. While the Charter confers on the Security Council "primary responsibility" for the maintenance of international peace and security, executive decision-making is reserved for the great powers through permanent membership and the veto power. …

The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley

Michigan Journal of International Law

In-the post-Cold War period, the United Nations Security Council has emerged from a side show of international politics to center stage. It has acted to repel aggression, to promote humanitarian efforts, and to enforce democracy. This flowering of activity holds the potential for achieving concerted international action to remedy situations involving great human misery.

The Politics Of Collective Security, Anne Orford

Michigan Journal of International Law

Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in …

The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince

Michigan Journal of International Law

This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …

International Nuclear Development In The Age Of Interdependence, William O. Doub, Lawrence A. Weiss

Vanderbilt Law Review

The proposal set forth in ... this Article admittedly is no full solution to the problem of preventing the spread of nuclear weapons. Just as important as the control over nuclear materials and technology is the political effort to provide nations with sufficient security so that they perceive little need to develop or acquire nuclear weapons. This Article does assert, however, that a necessary part of any full solution is the cooperative development of a new international consensus regarding the policies governing the international nuclear market and the means to effectuate these policies. Based on the success of the regime …

Legal Liability For War Damage, John Hanna

Michigan Law Review

This article considers some of the rules for determining liability for economic loss in respect of war claims, especially as applied in connection with claims of life insurance companies for loss of premiums, of insurers of property for war risk insurance premiums, of property insurers for sums paid to foreign policyholders on war losses, and of owners seeking to recover for loss of expected profits. The rules discussed are broadly applicable to international claims in general.

Permanent Court Of International Justice, Edwin D. Dickinson

Reviews

"The author of this volume of collected papers and addresses is well known as the Bemis Professor of International Law in Harvard Law School, sometime member of the Legal Section of the Secretariat of the League of Nations, and the most efficient advocate of the new Permanent Court of International Justice in America. His enterprise as an advocate is sufficiently attested by the fourteen brilliant papers reproduced in this volume and the nine other titles of similar nature listed in the bibliography, all of them produced during the last three years....

"The exceptional timeliness of the book and the quality …

International Political Questions In The National Courts, Edwin D. Dickinson

Articles

"Much has been made of the principle, in England and America, that international law is part of the national law to be applied by national courts in appropriate circumstances. As Mr. Justice Gray has expressed it, in the Paquete Habana: 'International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as question of right depending upon it are duly presented for their determination...'

This principle is useful, where it is applicable, but it is subject to limitations which are sometimes inadequately appreciated ..."

A Guide To Diplomatic Practice, Edwin D. Dickinson

Reviews

"Sir Ernest Satow's Guide to Diplomatic Practice was first published in 1917. It was the first systematic treatise on the practice and procedure of diplomacy to be printed in the English language, covering a field already occupied in other languages....

"...[T]he author compiles a wealth of data accumulated in research and long experience in what may perhaps be described as the professional diplomatist's book of forms and precedents... It is chiefly a digest of diplomatic data intended to afford practical guidance in the routine of diplomatic organization, precedence and ceremonial, procedure, immunities, international congresses and conferences, the making of treaties …