Justice in International Law: Selected Writings

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Cambridge University Press, Jun 9, 1994 - Law - 630 pages
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Since 1947 Stephen M. Schwebel has written more than 100 articles, commentaries and book reviews in legal and other periodicals and in the press. This volume republishes 36 of his legal articles and commentaries of continuing interest. The first Part treats aspects of the capacity and performance of the International Court of Justice. The second addresses aspects of international arbitration. The third examines problems of the United Nations, especially of the authority of the Secretary-General, the character of the Secretariat, and financial apportionment. The fourth deals with questions of international contracts and taking of foreign property interests. The fifth discusses diverse aspects of the development of international law and particularly considers the central problem of international law, the unlawful use of force. This collection does not include Judge Schwebel's judicial opinions, nor (with one exception) papers written in his former official capacities as a legal officer of the US Department of State or as a special rapporteur of the International Law Commission of the United Nations. Together with his unofficial writings, his judicial opinions as of July 1993 are cataloged in the list of publications with which this volume concludes.
 

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Contents

Relations Between the International Court of Justice and the United
14
Was the Capacity to Request an Advisory Opinion Wider in
27
Authorizing the SecretaryGeneral of the United Nations to Request
72
Preliminary Rulings by the International Court of Justice at
84
Chambers of the International Court of Justice Formed for Particular
93
Three Cases of FactFinding by the International Court of Justice
125
Indirect Aggression in the International Court
140
Human Rights in the World Court
146
Goldberg Variations
372
Report of the Committee on Nationalization of Property of
385
The Story of the United Nations Declaration on Permanent
401
Speculations on Specific Performance of a Contract between a State
416
On Whether the Breach by a State of a Contract With an Alien is
425
Some LittleKnown Cases on Concessions with J Gillis Wetter
436
Commentary on Social Discipline and the Multinational Enterprise
489
The Legal Effect of Resolutions and Codes of Conduct of the United
499

Arbitration and the Exhaustion of Local Remedies with J Gillis
171
Arbitration and the Exhaustion of Local Remedies Revisited
191
The Origins and Development of Article 99 of the Charter
233
The International Character of the Secretariat of the United Nations
248
SecretaryGeneral and Secretariat
297
A United Nations Guard and a United Nations Legion
308
MiniStates and a More Effective United Nations
326
Memorandum
333
The United States Assaults the ILO
364
The United Nations and the Challenge of a Changing International
514
What Weight to Conquest?
521
Aggression Intervention and SelfDefense in Modern International
530
Address and Commentary
593
Government Legal Advising in the Field of Foreign Affairs
608
List of publications
618
Index
626
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