Beyond Confrontation: International Law for the Post-Cold War Era

By Lori Fisler Damrosch; Gennady M. Danilenko et al. | Go to book overview

bility, conflicts between nationalities, and the opposition of conservative forces undoubtedly will not facilitate progress in bringing foreign policy under the control of international law, but rather are capable of reversing it.


Notes
1
Conference on Security and Cooperation in Europe (CSCE) : Charter of Paris for a New Europe, Nov. 21, 1990, 30 INTERNATIONAL LEGAL MATERIALS p.190, 193 ( 1991).
2
G. I. TUNKIN, THEORY OF INTERNATIONAL LAW 27 ( W. Butler trans. 1974) (in Russian at p. 31, 1970).
3
V. I. LENIN, POLN. SOBR. SOCH., vol. 35, p. 20 (English translation in 26 V.I. LENIN, COLLECTED WORKS 255 ( Moscow: Progress Publishers, 1977).
4
Id., vol. 35, p. 403 (Russian).
5
IV International Congress of the Comintern, Selected Reports, Speeches, and Resolutions ( 1923) p. 196.
6
E. A. KOROVIN, INTERNATIONAL LAW OF THE TRANSITIONAL PERIOD ( 1924) p. 62.
7
V. Sirotkin, How We Found Ourselves in a Besieged Fortress, or On the Syndrome of Capitalist Encirclement, IZVESTIA, Sept. 5, 1990.
8
See, e.g., Reisman, Coercion and Self-Determination: Construing Charter Article 2(4), 78 AM. J. INT'L L. 642 ( 1984).
9
See, e.g., Cutler, The Right to Intervene, 64 FOREIGN AFF. 96 ( 1985).
10
LAW AND FORCE IN THE NEW INTERNATIONAL ORDER, pp. 111-223 ( L. F. Damrosch and D. J. Scheffer eds., 1991).
11
CSCE: Document of the Copenhagen Meeting of the Conference on the Human Dimension, June 29, 1990, 29 I.L.M. 1305.
12
See, e.g., Schachter, In Defense of International Rules on the Use of Force, 53 U. CHI. L.R. 113 ( 1986).
13
T. M. Franck, THE POWER OF LEGITIMACY AMONG NATIONS ( 1990); Legitimacy in the International System, 82 AM. J. INT'L L. 705 ( 1988).
14
G. I. TUNKIN, IDEOLOGICAL STRUGGLE AND INTERNATIONAL LAW ( 1967) p. 30.
15
Id., p. 31.
16
Professor Farer has categorized Western scholars as either "classicists," who use the traditional idiom of rules and legal interpretation to find definite meaning in international law norms, or "realists," who view international law as derivative from actual behavior and power relationships. Farer, An Inquiry Into the Legitimacy of Humanitarian Intervention, in LAW AND FORCE IN THE NEW INTERNATIONAL ORDER, supra note 10, 184, 185-187. "Realists" in this sense include adherents of Myres McDougal's policy-oriented approach.
17
For a former Soviet jurist's critique of McDougal's policy-oriented jurisprudence, see Mullerson, Sources of International Law: New Tendencies in Soviet Thinking, 83 AM. J. INT'L L. 494, 498-499 ( 1989).
18
See notes 8, 16 supra.
19
Supra note 11.

-19-

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Beyond Confrontation: International Law for the Post-Cold War Era
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes xx
  • Acknowledgments xxiii
  • About the Editors and Contributors xxv
  • 1 - The Role of International Law In the Contemporary World 1
  • Notes 19
  • 2 - Consent and the Creation Of International Law 23
  • Notes 53
  • 3 - Participants in International Legal Relations 61
  • Notes 82
  • 4 - Legal Regulation of the Use of Force 93
  • Notes 134
  • 5 - International Cooperation Against Terrorism 141
  • Notes 158
  • 6 - Stability in the Law of the Sea 165
  • Notes 183
  • 7 - Enviornmental Law 193
  • Notes 217
  • 8 - Tensions in the Development Of the Law of Outer Space 225
  • Notes 257
  • 9 - International Human Rights 275
  • Notes 299
  • 10 - Peaceful Settlement of Disputes Through the Rule of Law 309
  • Notes 332
  • About the Book 335
  • Index 337
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