Un Law, Fundamental Rights: Two Topics in International Law

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Antonio Cassese
Martinus Nijhoff Publishers, 10 feb. 1979 - 258 pagini
In its forty-fourth session the General Assembly of the United Nations proclaimed the 1990s as the Decade of International Law . One of the main purposes of the decade is the promotion of effective means for peaceful international dispute settlement, and, especially, strenghtening the role of & respect for the International Court of Justice, the principal judicial organ of the United Nations. The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission & the Non-Aligned Movement to human rights & space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes. A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement & supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora. This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).

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Cuprins

Evaluation
23
A Röling The United Nations A General
39
Remigiusz Bierzanek European Security and
69
Benedetto Conforti Observations on the Advisory Function
85
INTERNATIONAL PROTECTION OF THE FUNDAMENTAL
117
Antonio Cassese Political SelfDetermination
137
Héctor Gros Espiell SelfDetermination and Jus Cogens
167
Human Rights
175
Virginia Leary A New Role for NonGovernmental
197
François Rigaux The Algiers Declaration of the Rights
211
Richard Falk The Algiers Declaration of the Rights
225
Bertrand G Ramcharan A Critique of the Third World
249
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