Fiduciary Principles in International Law

This chapter explores how fiduciary principles have shaped international law from colonial times to the present. Fiduciary principles are evident not only in the text of the League of Nations Covenant and the United Nations Charter, but also in various subfields of international law, including the law governing U.N. missions, military occupation, the legal status and duties of states, and the role and responsibilities of diplomatic officers. In each of these contexts, the international community has affirmed that certain offices and institutions attract fiduciary duties under international law. Nonetheless, the international community has struggled to develop credible mechanisms for enforcing these fiduciary duties.

Collective Security and Collective Self-Defense Under the Charter of the United Nations

10.2307/2193350 ◽

1948 ◽

Vol 42 (4) ◽

pp. 783-796 ◽

Cited By ~ 24

Author(s):

Hans Kelsen

Keyword(s):

United Nations ◽

International Law ◽

League Of Nations ◽

Individual Member ◽

Collective Security ◽

Enforcement Action ◽

Self Defense ◽

The United Nations ◽

The Law ◽

The Individual

Collective security is the main purpose of the United Nations, just as it was the main purpose of its predecessor, the League of Nations. What does collective security mean? Under general international law the principle of self-help prevails. The protection of the legal interests of the states against violations on the part of other states is left to the individual state whose right has been violated. General international law authorizes the state, i.e., the individual member of the international community, to resort, in case of a violation of its rights, to reprisals or war against that state which is responsible for the violation. Reprisals and war are enforcement actions. Insofar as they are reactions against violations of the law, and authorized by it, they have the character of sanctions. We speak of collective security when the protection of the rights of the states, the reaction against the violation of the law, assumes the character of a collective enforcement action.

Recent Developments in United Nations Treaty Registration and Publication Practices

10.2307/2201456 ◽

1982 ◽

Vol 76 (2) ◽

pp. 350-363 ◽

Cited By ~ 4

Author(s):

Mala Tabory

Keyword(s):

United Nations ◽

International Law ◽

International Agreements ◽

League Of Nations ◽

Recent Developments ◽

Publication Practices ◽

The United Nations ◽

The framework for the systematic registration and publication of international agreements on an intergovernmental level was set in Article 18 of the League of Nations Covenant, and later in Article 102 of the United Nations Charter. The purpose of treaty registration and publication is to give effect to the principle and policy of “open covenants”—enunciated as the first of President Wilson’s Fourteen Points—in lieu of secret diplomacy. In addition, these procedures serve to record “contemporary trends in substantive international law” for the benefit of judicial and government practitioners, scholars, and specialists in various fields.

BOOK REVIEWSBOOK REVIEWSKwiatkowskaBarbara0519883519599Food and Agriculture Organization of the United Nations, The Law Of the Sea, Essays in Memory of Jean Carroz, Rome 1987, 282 pp.Copyright © T.M.C. Asser Press 19881988T.M.C. Asser PresspdfS0165070X00007543a.pdfdispartBook Reviews1.For details on S.N. Nandan's role see T.T.B. Koh and S. Jayakumar, ‘The Negotiating Process of the Third United Nations Conference on the Law of the Sea’, in NordquistM.H., ed., United Nations Convention on the Law of the Sea 1982, A Commentary, vol. I (1985) pp. 109–110.2.For an analysis see M.C.W. Pinto, ‘The Duty of Cooperation and the United Nations Convention on the Law of the Sea’, in BosA. and SibleszH., eds., Realism in Law-Making, Essays on International Law in Honour of W. Riphagen (1986) pp. 131–154.3.Savini attaches particular importance to an article by PintoM.C.W., ‘The International Community and Antarctica

Netherlands International Law Review ◽

10.1017/s0165070x00007543 ◽

1988 ◽

Vol 35 (01) ◽

pp. 95

Author(s):

Barbara Kwiatkowska

Keyword(s):

United Nations ◽

International Law ◽

International Community ◽

Law Of The Sea ◽

The Third ◽

United Nations Convention ◽

The United Nations ◽

The Law ◽

Law Making

Oscar Schachter (1915-2003)

10.1017/s0002930000014147 ◽

2004 ◽

Vol 98 (1) ◽

pp. 35-41

Author(s):

Lori Fisler Damrosch

Keyword(s):

Twentieth Century ◽

United Nations ◽

International Law ◽

Highly Qualified ◽

The United Nations ◽

The Law ◽

American Society ◽

Among “jurisconsults of recognized competence in international law” and “most highly qualified publicists of the various nations,” no one in the second half of the twentieth century did more than Oscar Schachter to influence both the theory and the practice of international law, especially the law of the United Nations Charter. When the centennial of the American Society of International Law arrives in two years, we will have occasion to reflect on his contributions to this Journal and many other endeavors of the Society, across a long and vigorous life.

Procedures for Establishing the Invalidity or Termination of Treaties under the International Law Commission’s 1966 Draft Articles on the Law of Treaties

10.2307/2197346 ◽

1967 ◽

Vol 61 (4) ◽

pp. 976-989 ◽

Cited By ~ 5

Author(s):

Herbert W. Briggs

Keyword(s):

United Nations ◽

International Law ◽

International Community ◽

Official Organ ◽

Draft Convention ◽

The United Nations ◽

The Law ◽

Intensive Work ◽

International Law Commission ◽

Law Commission

The 1966 Draft Articles on the Law of Treaties, drafted over a period of five years of intensive work by an official organ of the international community—the International Law Commission of the United Nations—is more comprehensive and more reflective of community consensus than any previous draft prepared by international lawyers on the law of treaties. In contrast with the excellent Draft Convention on the Law of Treaties completed by the Harvard Eesearch in International Law in 1935, preparation of the Commission’s draft had the advantage of participation by members representative of all continents and of the views of states which were not in existence in 1935.

Iraq, the U.N. and the Law

Alberta Law Review ◽

10.29173/alr1545 ◽

1969 ◽

pp. 560

Author(s):

L. C. Green

Keyword(s):

United Nations ◽

International Law ◽

Armed Conflict ◽

Just War ◽

Just War Theory ◽

Legal Issues ◽

Law Of Armed Conflict ◽

The United Nations ◽

The Law ◽

This paper discusses the international legal issues arising out of the Iraqi invasion of Kuwait and the United Nations response to the conflict. The author frames his analysis considering just war theory, international law and the United Nations Charter. After looking at the historical relations between Iraq and Kuwait, Professor Green examines the United Nations response to the conflict considering the related U.N. resolutions. Reference is made to the law of armed conflict and international law on the treatment of civilians and diplomats. Finally, the author briefly discusses legal problems faced by some of the states aligned against Iraq.

Commercial Discrimination and International Law

10.2307/2195463 ◽

1958 ◽

Vol 52 (3) ◽

pp. 495-498 ◽

Cited By ~ 2

Author(s):

John N. Hazard

Keyword(s):

United Nations ◽

Eastern Europe ◽

International Law ◽

The State ◽

Recent Conference ◽

The United Nations ◽

The Law ◽

United Nations Charter ◽

The Impact ◽

Opening Session

The state traders of Eastern Europe are arguing that the principle of equality of states enshrined in the United Nations Charter must be extended to international commercial intercourse to prevent discrimination. This was the theme of the opening session of a recent conference of scholars gathered in Rome to consider the impact of state trading upon the law governing commercial relations of states.

The Concept of “Territorial Sea” in the Talmud

Israel Law Review ◽

10.1017/s0021223700005434 ◽

1975 ◽

Vol 10 (4) ◽

pp. 503-508 ◽

Cited By ~ 1

Author(s):

Shabtai Rosenne

Keyword(s):

United Nations ◽

International Law ◽

Legal System ◽

League Of Nations ◽

Law Of The Sea ◽

Controversial Issues ◽

Coastal State ◽

The United Nations ◽

The Law ◽

High Seas

One of the central, and most controversial, issues of historic international law concerns the distinction between the territorial sea, over which the sovereignty of the coastal State extends (and by implication also its legal system), and the high seas which are subject to the doctrine of the freedom of the seas. Involved in that controversy is first and foremost the very idea of a division of the waters of the sea into two distinct juridical institutes. In the present century alone this question has been unsuccessfully tackled by a whole series of major international conferences on the law of the sea, held in 1930 under the auspices of the League of Nations, and in 1958, 1960 and 1973–75 under the auspices of the United Nations—this latter conference being still in progress at the time of writing.

Convention on the Legal Status of the Caspian Sea

International Legal Materials ◽

10.1017/ilm.2019.5 ◽

2019 ◽

Vol 58 (2) ◽

pp. 399-413

Author(s):

Rizal Abdul Kadir

Keyword(s):

Soviet Union ◽

United Nations ◽

International Law ◽

Caspian Sea ◽

Legal Status ◽

The Caspian Sea ◽

The Soviet Union ◽

The United Nations

After twenty-two years of negotiations, in Aktau on August 12, 2018, Kazakhstan, Azerbaijan, Iran, Russia, and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea. The preamble of the Convention stipulates, among other things, that the Convention, made up of twenty-four articles, was agreed on by the five states based on principles and norms of the Charter of the United Nations and International Law. The enclosed Caspian Sea is bordered by Iran, Russia, and three states that were established following dissolution of the Soviet Union, namely Azerbaijan, Kazakhstan, and Turkmenistan.

Global Values and the Institutions of the United Nations

ICL Journal ◽

10.1515/icl-2017-0018 ◽

2017 ◽

Vol 11 (2) ◽

Author(s):

Otto Spijkers

Keyword(s):

United Nations ◽

Human Dignity ◽

International Community ◽

Shared Values ◽

Peace And Security ◽

The United Nations ◽

United Nations Charter ◽

Global Values

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.