Justice In International Law: Selected Writings

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 thirty-six 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. Justice in International Law Stephen M. Schwebel Justice in International Law Selected Writings of STEPHEN M. SCHWEBEL Judge of the International Court of Justice GROTIUS PUBLICATIONS W CAMBRIDGE UNIVERSITY PRESS Published by the Press Syndicate of the University of Cambridge The Pitt Building, Trumpington Street, Cambridge CB2 1RP 40 West 20th Street, New York, NY 10011-4211, USA 10 Stamford Road, Oakleigh, Victoria 3166, Australia © Cambridge University Press 1994 First published 1994 A catalogue recordfor this book is available fiom the British Library Library of Congress cataloguing in publication data Schwebel, Stephen M. (Stephen Myron), 1929Justice in international law: selected writings ofJudge Stephen M. Schwebel. p. cm. Includes index. ISBN 0 521 46284 3 (hardback) 1. International Court ofJustice. 2. Arbitration, International. 3. United Nations. 4. International law. I. Title. JX1971.6.S39 1994 341.5'2 - dc20 93-42341 CIP ISBN 0 521 46284 3 hardback Transferred to digital printing 2004 To my brother Jack CONTENTS Preface page xiii PART I International Court of Justice 1 Reflections on the Role of the International Court of Justice 2 Relations Between the International Court of Justice and the United Nations 3 Was the Capacity to Request an Advisory Opinion Wider in the Permanent Court of International Justice than it is in the International Court ofJustice? 4 Authorizing the Secretary-General of the United Nations to Request Advisory Opinions of the International Court of Justice 5 Preliminary Rulings by the International Court of Justice at the Instance of National Courts 6 Chambers of the International Court of Justice Formed for Particular Cases 7 Three Cases of Fact-Finding by the International Court of Justice 8 Indirect Aggression in the International Court 9 Human Rights in the World Court 3 14 27 72 84 93 125 140 146 PART II International Arbitrat