The Development of International Law through the Political Organs of the United Nations PDF
Preview The Development of International Law through the Political Organs of the United Nations
THE DEVELOPMENT OF INTERNATIONAL LAW THROUGH THE POLITICAL ORGANS OF THE UNITED NATIONS The Royal Institute of International Affairs is an unofficial and non-political body, founded in 1920 to encourage and facilitate the scientific study of international questions. The Institute, as such, is precluded by the terms of its Royal Charter from expressing an opinion on any aspect of international affairs. Any opinions expressed in this publication are not, therefore, those of the Institute, THE DEVELOPMENT OF INTERNATIONAL LAW THROUGH \ THE POLITICAL ORGANS OF THE UNITED NATIONS BY ROSALYN IJIGGINS M.A., LL.B. (Cantab.). J.S.D. (Yale) Issued under the auspices of the Royal Institute of International Affairs OXFORD UNIVERSITY PRESS LONDON NEW YORK TORONTO 1963 Oxford University Press, Amen House, London E.C.4 OLASOOW NEW YORK TORONTO MELBOURNE WELLINGTON BOMBAY CALCUTTA MADRAS KARACHI LAHORE DACCA CAPE TOWN SALISBURY NAIROBI IBADAN ACCRA KUALA LUMPUR HONO KONO © Royal Institute of International Affairs 1963 PRINTED IN GREAT BRITAIN BY HAZELL WATSON AND VINEY LTD AYLESBURY, BUCKS FOR MY HUSBAND AND MY PARENTS PREFACE It is the view of many political scientists that the international lawyer hides himself in an illusory world of tidy rules and obeyed norms, and is little concerned with the realities of international relations. No political scientist who believes this can be a very good political scientist, and no international lawyer of whom this is a true picture can be a very good lawyer. None the less, if this popular image is to be shown completely to lack foundation, then international law must contribute in an effective way to the solution of the crucial problems of our day. To do this, lawyers must try to analyse the political consequences of their views and attempt to understand the social implications of their legal interpretations. It is for this reason that I have not thought it beyond my terms of reference to include comments on politics as well as on law. The development of law by the political organs of the United Nations is being revealed in many fields. I have chosen, for the purposes of this examination, the topics of statehood, domestic jurisdiction, recognition, use of force, and treaties, partly because of the wealth of primary material which these provide and partly because most of the vital problems which have concerned the United Nations have reflected on these particular aspects of the law. It would, of course, be possible if time, space and the occasion permitted, to add to this list—questions of state responsibility, international waterways, territorial acquisition, and state succession come readily to mind. However, some aspects of these problems are subsumed under the matters selected for inclusion here and the remaining material is com paratively insubstantial. Although there exists a repertory of United Nations practice in reference to the articles of the Charter, there is at present no repertory of United Nations practice in reference to different aspects of international law. The extensive footnotes to my text have therefore been included in the hope that the present volume may at least partially fulfil this need, in addition to tracing developments in the law. London, R. H. February 1963 ACKNOWLEDGEMENTS My debt throughout to the provocative and stimulating ideas of Professor Myra S. McDougal of Yale Law School is apparent, and it is one which I gladly acknowledge. Two years under Professor McDougal’s guidance when preparing my doctorate—which, with alteration, revision, and addition, forms the basis of this book—was a very rewarding experience. His en thusiasm, his encouragement, and his friendship are all greatly appreciated. My other great debt is to Dr Oscar Schachter, Director in the Legal Office of the United Nations, who has followed the progress of this study since its inception and offered invaluable advice and comment. No matter how onerous his duties at the United Nations, he has always found time to provide me with information and discuss points of complexity. I offer my sincere thanks for his help. The subject-matter of this book was originally recommended to me by Mr Eli Lauterpacht, of Trinity College, Cambridge, and his suggestion has provided me with three engrossing years of study. I was assisted in America by some early guidance from Shabtai Rosenne, Israeli ambassador to the United Nations, and by Professor William Bishop of Michigan Law School, who allowed me to read, before its publication, his lecture course at The Hague Academy on treaty reserva tions. My stay in the United States was made possible by the Common wealth Fund, and it is a well-known fact of life that no former Fellow can hope adequately to thank the Fund; I none the less attempt it, and especially thank Mr Lancing Hammond for his many kindnesses. I wish to express my gratitude to Mr James Fawcett, of All Souls College, Oxford, for the patient reading of my manuscript, for the many detailed suggestions he has made, and for the benefit which I have received from our discussions. I also thank the Rt Hon. Kenneth Younger and Mr Peter Calvocoressi for having allowed me the advantage of their views on certain problems and for having read the manuscript. Professor R. Y. Jennings, of Jesus College, Cambridge, Professor D. H. Johnson of the London School of Economics, and Mr Michael Parker, of the Middle Temple, have each read parts of my book or discussed aspects of my research with me, and I appreciate their comments and assistance. All views and shortcomings remain, of course, mine alone. There are many people at Chatham House whom I wish to thank. Miss Hermia Oliver’s editorial skill and ability have proved invaluable and she has helped in many ways to make this a better book. My thanks go also to Mr A. S. B. Olver and Miss K. Jerrold for their handling of administrative matters and for their personal kindnesses. Miss Catherine Hoskyns has x Acknowledgements willingly shared with me her knowledge and information on events in the Congo. The Chatham House Library could not have been more helpful, and in particular I thank Miss Vicky Stirling for her cheerful and efficient help in tracking down elusive UN documents. The staff of the libraries at United Nations Headquarters, the Legal Office of the Secretariat, the London United Nations Information Centre, and the Institute of Advanced Legal Studies have all assisted me greatly. I wish also to record my debt to the Brookings Institution, Washington D.C., which provided me with excellent facilities for research in i960, and to the Rockefeller Foundation, which generously financed the continuation of my research for a year after my return to this country. The tenure of a Junior Fellowship of the London School of Economics has enabled the book to be completed and made ready for the press. My task was considerably lightened by the excellent typing of Mrs Ann Heiss, whose conscientiousness and help went well beyond the bounds of duty. The reproduction of materials in Parts I and IV, which were originally published as articles in the University of Pennsylvania Law Review and the British Year Book of International Law respectively, is also acknowledged. Finally, my thanks are due to my husband, who has helped in more ways than can be recounted here. The reading of the manuscript at various stages, the correction of proofs, and the typing and retyping of certain portions are but a small part of his contribution to this study. How in dispensable have been his constant tolerance, encouragement, and en thusiasm, he alone knows.
The list of books you might like
