Themes and Theories: Selected Essays, Speeches and Writings in International Law

Abstract

ACKNOWLEDGMENTS PREFACE Introductory Chapter PART 1: INTERNATIONAL LEGAL THEORY 1. Policy Considerations and the International Judicial Process 2. Policy and Impartiality: The Uneasy Relationship in International Law 3. The UN and Lawmaking: The Political Organs 4. Conceptual Thinking about the Individual in International Law 5. The Identity of International Law 6. Fundamentals of International Law 7. The Concept of 'The State': Variable Geometry and Dualist Perceptions 8. Our 'Virtuous Trilogy' PART 2: UNITED NATIONS LAW 1. The Development of International Law by the Political Organs of the UN 2. United Nations Peace-Keeping- Political and Financial Problems 3. The Place of International Law in the Settlement of Disputes by the Security Council 4. The Advisory Opinion on Namibia: Which UN Resolutions are Binding Under Article 25 of the Charter? 5. The New United Nations: Appearance and Reality 6. The New United Nations and Former Yugoslavia 7. The UN Security Council and the Individual State 8. Some Thoughts on the Evolving Relationship between the Security Council and NATO PART 3: THE USE OF FORCE 1. Intervention and International Law 2. Second Generation Peacekeeping 3. Peace and Security: Achievements and Failures 4. The New Challenges and the Role of the International Court of Justice PART 4: STATE AND DIPLOMATIC IMMUNITIES 1. Recent Developments in the Law of Sovereign Immunity in the United Kingdom 2. The Death Throes of Absolute Immunity 3. Execution of State Property: United Kingdom Practice 4. Certain Unresolved Aspects of the Law of State Immunity 5. The Abuse of Diplomatic Privileges and Immunities: Recent United Kingdom Experience 6. Execution of State Property in English Law 7. After Pinochet: Developments on Head of State and Ministerial Immunities PART 5: HUMAN RIGHTS 1. The Soblen Case 2. The Right in International Law of an Individual to Enter, Stay In and Leave a Country 3. Derogations Under Human Rights Treaties 4. Encouraging Human Rights 5. The UN: Still a force for peace 6. Liberty of Movement within the Territory of a State: The Contribution of the Committee on Human Rights 7. The Relationship between International Law and Regional Human Rights Norms and Domestic Law 8. Minority Rights: Discrepancies and Divergencies Between the International Covenant and the Council of Europe System 9. Foreword, The International Covenant on Civil and Political Rights and United Kingdom Law 10. Ten Years on the Human Rights Committee 11. Introduction from Human Rights as General Norms and a State's Right to Opt Out, Reservations and Objections to Human Rights Conventions 12. Interim Measures for the Protection of Human Rights 13. The Role of Domestic Courts in the Enforcement of International Human Rights: the United Kingdom 14. The International Court of Justice and Human Rights 15. The Continuing Universality of the Universal Declaration 16. Extradition, The Right to Life, and the Prohibition against Cruel and Inhuman Punishment and Treatment: Similarities and Differences under the ECHR and the ICCPR 17. Dispersal and Coalescence in International Human Rights Law PART 6: INTERNATIONAL PETROLEUM LAW 1. Legal Preconditions of Foreign Investment 2. Abandonment of Enerfy Sites and Structures: Relevant International Law 3. Natural Resources in the Case Law of the International Court PART 7: GENERAL 1. Legal Problems Arising from the Dissolution of the Mali Federation 2. The International Court and South West Africa: The Implications of the Judgment 3. International Law and the Reasonable Need of Governments to Govern 4. The Legal Bases of Jurisdiction 5. United Kingdom 6. Postmodern Tribalism and the Right to Secession, Comments 7. Report for Institut de Droit International, The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations Toward Third Parties 8. Some Observations on the Inter-Temporal Rule in International Law 9. Time and the Law: International Perspectives on an Old Problem 10. Remedies and the International Court of Justice: An Introduction 11. International Law in a Changing International System 12. The Responsibility of States Members for the Defaults of International Organizations: Continuing the Dialogue 13. Dualism in the Face of a Changing Legal Culture 14. The ICJ, the ECJ, and the Integrity of International Law 15. Self-Determination and Secession PART 8: TRIBUTES TO COLLEAGUES 1. Myres Smith McDougal (1906-1998) 2. Foreword iii-v, Australian Yearbook of International Law, Vol. 20, A Collection of Essays to Honour Professor D.W. Greig 3. Words of personal appreciation to Erica-Irene Daes 4. Fleischhauer leaves the Court 5. On Vojin Dimitrijevic 6. In Memoriam Oscar Schachter : 1915-2003 7. Sir Robert Yewdall Jennings 1913-2004 8. The Benign First Mate 9. Final Remarks (Conference in Honour of Professor Philip Allott) 10. National Courts and the International Court of Justice, in: 11. Contribution to Individual Rights and International Justice, Liber Fausto Pocar, (eds. Gabriella Venturini and Stefania Bariatti), 2009 12. Speech at the Lauterpacht Centre 25th Anniversary Celebrations also marking the 80th birthday of the Centre's founder, Sir Eli Lauterpacht PART 9: THE JUDICIAL YEARS ACADEMIC WRITING 1. A Comment on the Current Health of Advisory Opinions 2. The International Court of Justice and Africa 3. Respecting Sovereign States and Running a Tight Courtroom 4. Issues of State Responsibility before the International Court of Justice 5. The International Court of Justice: Selected Issues of State Responsibility 6. Alternative Perspectives on the Independence of International Courts : Remarks 7. Reflections from the International Court JUDICIAL WORK 8. Dissenting Opinion of Judge Higgins, Legality of the Threat or Use of Nuclear Weapons 9. Separate Opinion of Judge Higgins, Oil Platforms (Islamic Republic of Iran v. United States of America) 10. Separate Opinion of Judge Higgins, Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria) 11. Separate Opinion of Judge Higgins, Oil Platforms (Islamic Republic of Iran v. United States of America) 12. Separate Opinion of Judge Higgins, Legality of Use of Force (Serbia and Montenegro v. Belgium) (Serbia and Montenegro v. Canada) (Serbia and Montenegro v. Netherlands) (Serbia and Montenegro v. Portugal) (Yugoslavia v. Spain) (Serbia and Montenegro v. United Kingdom) 13. Declaration of Judge Higgins, Kasikili/Sedudu Island (Botswana/Namibia) 14. Declaration of Judge Higgins, Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) 15. Joint Separate Opinion of Judges Higgins, Kooijmans and Buergenthal, Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) 16. Separate Opinion of Judge Higgins, Oil Platforms (Islamic Republic of Iran v. United States of America) 17. Separate Opinion of Judge Higgins, Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory 18. Joint Declaration of Vice-President Ranjeva, Judges Guillaume, Higgins, Kooijmans, Al Khasawneh, Buergenthal and Elaraby, Legality of Use of Force (Serbia and Montenegro v. Belgium), (Serbia and Montenegro v. Canada) (Serbia and Montenegro v. France) (Serbia and Montenegro v. Germany) (Serbia and Montenegro v. Italy) (Serbia and Montenegro v. Netherlands) (Serbia and Montenegro v. Portugal) (Serbia and Montenegro v. United Kingdom) 19. Separate Opinion of Judge Higgins, Legality of Use of Force (Serbia and Montenegro v. Belgium), (Serbia and Montenegro v. Canada) (Serbia and Montenegro v. France) (Serbia and Montenegro v. Germany) (Serbia and Montenegro v. Italy) (Serbia and Montenegro v. Netherlands) (Serbia and Montenegro v. Portugal) (Serbia and Montenegro v. United Kingdom) 20. Joint Separate Opinion by Judges Higgins, Kooijmans, Elaraby, Owada and Simma, Armed Activities on the Territory of the Congo (New Application : 2002) (Democratic Republic of the Congo v. Rwanda) PART 10: THE YEARS AS PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE 1. A Babel of Judicial Voices? Ruminations from the Bench 2. A Conversation with Secretary of State Condoleeza Rice 3. A Just World Under Law 4. Inaugural Address at the Opening Ceremony of the Asian Society of International Law 5. The International Court of Justice and Private International Law Thoughts 6. The 1907 Hague Peace Conference as a Milestone in the Development of International Law 7. The Rule of Law: Some Sceptical Thoughts 8. The Changing Position of Domestic Courts in the International Legal Order 9. Keynote speech Given at the 60th Anniversary of the International Law Commission 10. Remedies in the International Court of Justice 11. Speech by H.E Judge Rosalyn Higgins, President of the International Court of Justice, to the 61st Session of the General Assembly 12. The Judicial Determination of Relevant Facts>, Speech to the Sixth Committee (Legal) of the General Assembly 13. Speech by H.E Judge Rosalyn Higgins, President of the International Court of Justice, to the 62nd Session of the General Assembly 14. Jurisdication at the International Court of Justice (Speech to the Sixth Comittee (Legal) of the General Assembly 15. Speech by H.E Judge Rosalyn Higgins, President of the International Court of Justice, to the 63rd Session of the General Assembly

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