International Law in the Western Hemisphere PDF
Preview International Law in the Western Hemisphere
INTERNATIONAL LAW IN THE WESTERN HEMISPHERE INTERNATIONAL LAW IN THE WESTERN HEMISPHERE Edited by NIGEL. S. RODLEY C. NEALE RONNING Prepared under the auspices of New York University Center for International Studies • MARTINUS NIJHOFF / THE HAGUE /1974 © 1974 by Martinus Nijhoff, TM Hague, Netherlands All rights reserved, including the rights to translate or to reproduce this book or parts thereof in any form ISBN 978-94-011-8490-8 ISBN 978-94-011-9214-9 (eBook) DOl 10.1007/978-94-011-9214-9 TABLE OF CONTENTS Contributors VII Preface IX Introduction XI PART I WATER RESOURCES NON-MARITIME INTERNATIONAL WATER RESOURCES: DEVELOPMENT AND CONSERVATION IN THE AMERICAS, by R. D. Hayton 3 THE OUTER LIMIT OF THE CONTINENTAL SHELF, by Jose Maria Ruda 38 THE U.N. DECLARATION OF PRINCIPLES GOVERNING THE DEEP SEA-BED, by Atwood C. Wolf Jr. 70 Commentary, by Douglas M. Johnston 88 Commentary, by F. V. Garcia-Amador 95 PART II SUPER POWER INTERVENTION: MILITARY AND ECONOMIC REGIONAL INTERVENTIONISM BY THE SUPERPOWERS: A STUDY OF WORDS AND ACTS AS INCHOATE LAW MAKING, by Thomas M. Franck and Edward Weisband 99 THE NATIONALIZATION BY PERU OF THE HOLDINGS OF THE INTERNATIONAL PETROLEUM COMPANY, by Nigel S. Rodley 112 Commentary, by Arthur W. Rovine 126 Commentary, by Detlev F. Vagts 130 VI T ABLE OF CONTENTS PART III HUMAN RIGHTS HUMAN RIGHTS AND THE ORGANIZATION OF AMERICAN STATES, by A.nn van Wynen Thomas and A.. J. Thomas Jr. 137 Commentary, by C. Neale Ronning 196 CONTRIBUTORS DR. ROBERT D. HAYTON Associate Dean of Graduate Studies, Hunter College of the City Uni versity of New York; Technical Director, United Nations Panel of Experts on the Legal and Institutional Implications of International Water Resources Development. DR. JosE MARfA RUDA Under-Secretary of Foreign Relations, Argentina; Member, International Law Commission of the United Nations. ATWOOD C. WOLF, JR. Of the New York Bar DR. DOUGLAS M. JOHNSTON Professor of Law and Political Economy, University of Toronto. DR. F. V. GARdA-AMADOR Chief, Department of Legal Affairs, Organisation of American States. DR. THOMAS M. FRANCK Professor of Law and Director, Center for International Studies, New York University. DR. EDWARD WEISBAND Assistant Professor of Political Science and Associate Director, Center for International Studies, New York University. NIGEL S. RODLEY Research Fellow, Center for International Studies, New York University; Visiting Lecturer of Political Science, Graduate Faculty, New School for Social Research. DR. ARTHUR W. ROVINE Department of Government, Cornell University. vm CONTRIBUTORS DEnBV F. VAGTS Professor of Law, Harvard University. DR. A. J. THOMAS, JR. Professor of Law, Southern Methodist University. DR. ANN VAN WYNEN THOMAS Assistant Professor of Political Science, Southern Methodis t University DR. C. NEALE RONNING Professor of Political Science, Graduate Faculty, New School for Social Research. PREFACE The essays and commentaries in this collection were presented at a Con ference on Problems of International Law in the Western Hemisphere, the Second Conference on Problems of Regional International Law under the joint sponsorship of the American Society of International Law and the Graduate Faculty of the New School for Social Research, April 2 & 3, 1971. Contributors have been given the opportunity to revise their papers since their original presentation. The editors acknowledge with gratitude the important contributions made by the Chairmen of the respective panels, namely, Professor Louis Henkin of Columbia Law School (Water Resources Panel), Professor Richard B. Lillich of the University of Virginia Law School (panel on Intervention) and Dr. Egon Schwelb of the United Nations (Human Rights Panel). The assistance of the Graduate Faculty of the New School for Social Research in the organization of the conference and that of the New York University Center for International Studies in the editing of these papers have been indispensable. We wish to make particular mention of the unstinting secretarial support of Ms. Donna Welensky and Ms. Judith Chazen. Certain problems would have been insuperable without the critical (in all senses) aid provided by Lyn Rodley. . The descriptions of contributors are those that obtained at the time of the conference. Since then, Professors Rovine and Rodley have moved to new pastures, the former to the Department of State's Office of the Legal Adviser, the latter to Amnesty International, while Dr. Ruda has been elevated to the bench of the International Court of Justice. INTRODUCTION Law and organization are instruments through which weaker units find a measure of protection in ordered domestic societies. By organizing into larger and more powerful groups they are better able to alter the structure of power in these societies and, having done so, they may then alter the legal system in order to serve their interests and objectives. To a lesser extent the same processes are observable in our less or dered international society. In the Western Hemisphere we may observe these processes on a regional level where Latin American states in particu lar have attempted to use law and organization as instruments for their protection and in pursuit of national objectives. Soon after independence many of the Latin American states were threatened by European powers who sought special privileges, the protec tion of their nationals or the collection of public debts. These conflicts usually had their roots in the political instability of the Latin American states, a situation which affected adversely the interests of European na tionals. The European states relied not only on their greater power, but pointed to "generally accepted norms of international law" as well. In response to this situation the idea of a regional system of law - an American international law, more in keeping with the needs and interests of the new states soon began to take shape. This seems to have been em phasized more in Latin America than in the United States where public and private jurists were more inclined to share views widely held in Western Europe and where political stability and general economic pro gress helped to avoid conflicts with the European powers. The closing years of the 19th century found jurists throughout the world greatly concerned with the codification of international law and the estab lishment of institutions and procedures for international arbitration. The two were, of course, related: it was expected that the codification of in ternational law would clarify and formalize general practice and make
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