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

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

Notes
1
According to article 5 of the draft articles on State Responsibility developed by the International Law Commission, "The conduct of any state organ possessing such status under the domestic law of that state is treated under international law as the action of the state itself." Report of the International Law Commission, 25th Sess., U.N. Doc. A/9010, June 23, 1973.
2
In this light, the introduction of the term "state terrorism" into international law does not seem productive. If any action described in article 3 of the U.N. General Assembly Definition of Aggression (G.A. Res. 3314, U.N. GAOR, Supp. No. 34, ( 1974)), is taken by a state, then it should qualify as an act of aggression. If analogous activity is carried out by an individual or by a group in relation to a foreign state or its citizens without the connivance or assistance of the state, such activity must qualify as an act of terrorism -- more precisely, as an act of terrorism of an international character.
3
There is a viewpoint according to which a possible alternative to compulsory extradition would be the creation of a special international criminal court. It has not, however, been possible to achieve unity on this issue, as was evident, in particular, in the course of the Eighth U.N. Congress on the Prevention of Crime and the Treatment of Offenders in 1990. See, e.g., LYAKHOV, TERRORISM AND INTER- STATE RELATIONS, 94-109 ( 1991); this author does not consider the idea of an international court productive (id. at 106-107).
4
Along these lines, the state members of the Council of Europe recognized in 1977 that extradition is the most effective means of combating terrorism in the European Convention on the Suppression of Terrorism, Jan. 27,1977.
5
See Declaration of Principles of International Law Regarding Friendly Relations and Cooperation Between States in Conformity with the Charter of the United Nations ( 1970).
6
Id.
7
CSCE: Concluding Document of the Vienna Meeting, Jan. 17, 1989, 28 INTERNATIONAL LEGAL MATERIALS 527, 533 ( 1989).
8
See 30 INTERNATIONAL LEGAL MATERIALS 190, 201 ( 1991) (Russian text in PRAVDA, Nov. 22, 1990).
9
The Commentary to the 1977 Supplementary Protocols to the 1949 Geneva Conventions states that acts of terrorism are clearly forbidden by art. 4 of Supplementary Protocol I. See INT'L COMM. OF THE RED CROSS, COMMENTARY TO THE ADDITIONAL PROTOCOLS OF 8 JUNE 1977 TO THE GENEVA CONVENTIONS OF 12 AUGUST 1949 1452 ( Y. Sandozet al. eds., 1987).
10
See U.N. Doc. A/43/416.
11
U.N. CHARTER art. ä 3.
12
U.N. CHARTER art. ä 4.
13
G.A. Res. 2625, U.N. GAOR, 25th Sess., Supp. No. 28, at 121, U.N. Doc. A/ 8028 ( 1970) [hereinafter Declaration on Friendly Relations].
14
Id. at 123.
15
For a discussion of "ideological-moral pluralism" among states as it affects counter-terrorism policy, see N. GAL-OR, INTERNATIONAL COOPERATION TO SUPPRESS TFRRORISM61-63 ( 1985).

-158-

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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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