An Analysis of Some of the Principal Legal Questions Relating to U.N. Weapons Inspections in Iraq

1998 ◽  
Vol 67 (3) ◽  
pp. 249-273
Author(s):  
Keyword(s):  
International Law ◽  
Secretary General ◽  
Ballistic Missile ◽  
Legal Issues ◽  
Chemical Weapons ◽  
Legal Questions ◽  
The Subject ◽  
Kofi Annan

AbstractThe multi-year U.N. weapons inspection program in Iraq has encountered numerous difficulties. Its basic objectives have been to ascertain the extent of Iraq's atomic, biological, and chemical weapons, and ballistic missile systems, and then to undertake efforts designed to eliminate such and complicate that nation's ability to reconstruct that arsenal. A wide variety of legal issues surround the operation of the inspection program. Some of these arise from the seminal U.N. resolutions on the subject, and associated operational documents drafted by the Secretary-General, while others arise from the February 23, 1998, Memorandum of Understanding between Secretary Kofi Annan and the Iraqi government. In this article, six of the principal legal issues are subjected to analysis. It is suggested that ambiguity affects some, but not all of the issues. Nevertheless, the ambiguity that is extant, though presenting the potential for complex and unsettling difficulties, has permitted the development of an inspection regime unprecedented in international law.

Case Practice in International Administrative Law

1997 ◽  
Vol 10 (2) ◽  
pp. 295-303
Author(s):  
Edgar Hennis
Keyword(s):  
International Law ◽  
International Organizations ◽  
European Space Agency ◽  
Administrative Law ◽  
Legal Issues ◽  
Recent Case ◽  
Public International Law ◽  
Space Agency ◽  
Legal Questions ◽  
Administrative Procedures

International administrative law deals with legal recourse within public international organizations in respect of conflicts between employees (international civil servants) and the organization itself. Literature in this field of public international law is relatively scarce and jurisprudence is not easily accessible. Following a short survey of the main particulars in international administrative law this article will present a recent case in which the Appeals Board of the European Space Agency (ESA) rendered a decision. It deals with some typical legal issues which play a role in international administrative procedures. For practitioners, in particular, this case is an interesting example, of how international tribunals solve legal questions in respect of jurisdiction and substance.

scholarly journals Il diritto internazionale umanitario e la guerra aerea

2010 ◽  
Keyword(s):  
International Law ◽  
Harvard University ◽  
Legal Issues ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
International Regulations ◽  
The Subject

This book is designed to fill a gap in Italian publications dealing with the legal issues triggered by the use of aircraft in armed conflicts. The absence of international regulations governing aerial hostilities, despite the increasing use of the same, calls for a serious reflection on the subject, offered here in the form of a collection of articles on the fundamental principles of humanitarian law and their application to the operations performed by the air forces, and more specifically to aerial bombardment. Recent legal rulings and the publication by Harvard University of Manual on International Law Applicable to Air and Missile Warfare are evidence of the need, felt at all levels, for an exhaustive work on this subject.

scholarly journals Dilemmas over individual and state responsibility for violations of international humanitarian law

2004 ◽  
Vol 56 (4) ◽  
pp. 345-369
Author(s):  
Keneth Mengjo
Keyword(s):  
International Law ◽  
Legal Issues ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Human Suffering ◽  
Humanitarian Law ◽  
The Subject ◽  
International Law Commission ◽  
Law Commission

This paper attempts an explanation to some of the complex legal issues surrounding the whole concept of responsibility for violations of international humanitarian law. The arguments here are based on reflections on the draft articles on the responsibility of states for the violations of international humanitarian law adopted by the international law commission as well as opinions of experts on the subject, treaties, conventions international jurisprudence, and internationally recognized principles and customs that govern conduct in armed conflicts so as to limit human suffering particularly of non combatants.

Legal Issues in the Nicaragua Opinion

1987 ◽  
Vol 81 (1) ◽  
pp. 160-166
Author(s):  
Fred L. Morrison
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Legal Issues ◽  
United States Government ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
States Government ◽  
The Subject

The opinion of the International Court of Justice in the Nicaragua case will be of interest primarily because of its general pronouncements on questions of international law. Its impact on the immediate controversy appears slight; the United States Government has strongly indicated its view that the Court lacked jurisdiction over the controversy, has vetoed subsequent proposed Security Council resolutions on the subject, and is appropriating additional funds for the contested activities, without apparent reference to the Court’s decision. This Comment is limited to the general theoretical and legal issues and will not treat the underlying factual issues, the Court’s disposition of the immediate case or the implications of the opinion for the evolution of the dispute.

Investigating Allegations of Chemical or Biological Warfare: The Canadian Contribution

1986 ◽  
Vol 80 (3) ◽  
pp. 678-682
Author(s):  
Miriam E. Sapiro
Keyword(s):  
International Law ◽  
Secretary General ◽  
Biological Weapons ◽  
General Assembly ◽  
Biological Warfare ◽  
Customary International Law ◽  
Biological Warfare Agents ◽  
Warfare Agents ◽  
Chemical And Biological Weapons ◽  
The Subject

The 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare unequivocally makes the use of chemical and biological weapons an illegitimate means of waging war. Yet enforcement of the Protocol is hindered by the lack of an investigative mechanism to provide prompt and effective verification of an alleged violation. In response to controversy stemming from this omission, in 1982 the General Assembly requested that the Secretary-General enlist the assistance of experts to investigate alleged breaches of the Protocol and relevant rules of customary international law, devise procedures for timely and efficient investigation, and document information relating to the identification of chemical and biological warfare agents. In 1984 the Secretary-General submitted his Report on Chemical and Bacteriological (Biological) Weapons to the General Assembly, which included the provisional procedures recommended by the Group of Consultant Experts. Deeply concerned about the use of such weapons, and perceiving a need for more extensive guidance on the subject, the Canadian Government prepared the Handbook for the Investigation of Allegations of the Use of Chemical or Biological Weapons and presented it to the Secretary-General on December 4, 1985.

The Role of the UN Secretary-General

2016 ◽  
Author(s):  
Andrew Gilmour
Keyword(s):  
Middle East ◽  
United Nations ◽  
International Law ◽  
Secretary General ◽  
Excessive Force ◽  
History Of ◽  
Arab States ◽  
Kofi Annan ◽  
Dag Hammarskjold

This chapter provides an overview of the key activities undertaken by each United Nations secretary-general in the Middle East and draws some lessons and comparisons: Trygve Lie, Dag Hammarskjöld, U Thant, Kurt Waldheim, Javier Perez de Cuellar, Boutros Boutros-Ghali, Kofi Annan, and Ban Ki-moon. Since 1947, the Middle East—especially the Palestine question—has played a defining role in the history of the UN. This applies both to the intergovernmental bodies and to the Secretariat, the organ headed by the secretary-general. Every secretary-general has made strenuous efforts to resolve conflicts in the Middle East, or at least to mitigate their more brutal effects. Each has condemned Arab acts of violence or terrorism against Israel and has unequivocally supported Israel's right to live within secure, recognized borders. Similarly every secretary-general has publicly condemned Israeli actions (responsive or preemptive) against Arab states or civilians when they have considered that excessive force was used or that these actions were in violation of international law.

MARITIME AUTONOMOUS VEHICLES: NEW FRONTIERS IN THE LAW OF THE SEA

2020 ◽  
Vol 69 (3) ◽  
pp. 719-734
Author(s):  
Natalie Klein ◽  
Douglas Guilfoyle ◽  
Md Saiful Karim ◽  
Rob McLaughlin
Keyword(s):  
International Law ◽  
Autonomous Vehicles ◽  
Legal Issues ◽  
Law Of The Sea ◽  
The Core ◽  
Legal Questions ◽  
Ongoing Development ◽  
The Law ◽  
Legal Frameworks ◽  
Security Surveillance

AbstractThe ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles. This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval warfare, and maritime security. This article captures how these issues are now being addressed and what other legal questions will likely emerge as the newest technology impacts on one of the oldest bodies of international law.

Maritime Autonomous Vehicles and Drug Trafficking by Sea: Some Legal Issues

2021 ◽  
pp. 1-30
Author(s):  
Rob McLaughlin ◽  
Natalie Klein
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Drug Trafficking ◽  
Autonomous Vehicles ◽  
New Technologies ◽  
Legal Issues ◽  
Maritime Security ◽  
Law Reform ◽  
Maritime Law ◽  
Legal Questions

Abstract Among the new technologies being deployed at sea, maritime autonomous vehicles (MAV) are of increasing interest to States to enhance their intelligence, surveillance and reconnaissance capabilities to improve their maritime security. This article analyses the international law implications of this use of MAV to support maritime law enforcement efforts in response to drug trafficking and other crimes at sea. The use of MAV for criminal purposes, especially smuggling goods, also holds international law consequences. The article assesses how these different operations of MAV fit within existing legal regimes, highlighting emerging legal questions for resolution and setting out recommendations for law reform to enhance counter-smuggling operations at sea.

The Phantom Defense: America's Pursuit of the Star Wars Illusion. By Craig Eisendrath, Melvin A. Goodman, and Gerald E. Marsh. Westport, CT: Praeger, 2001. 216p. $24.95. Ballistic Missile Defense and the Future of American Security: Agendas, Perceptions, Technology, and Policy. By Roger Handberg. Praeger, 2001. 264p. $62.00. Rockets' Red Glare: Missile Defenses and the Future of World Politics. Edited by James J. Wirtz and Jeffrey A. Larsen. Boulder, CO: Westview, 2001. 368p. $28.50.

2002 ◽  
Vol 96 (4) ◽  
pp. 879-880
Author(s):  
David Goldfischer
Keyword(s):  
World Politics ◽  
Ballistic Missile ◽  
Missile Defense ◽  
Star Wars ◽  
Technological Context ◽  
The Future ◽  
Ballistic Missile Defense ◽  
Long Time ◽  
Strategic Defense ◽  
The Subject

As Michael O'Hanlon concludes in his excellent contribution to Rockets' Red Glare: “We should…get used to the debate over ballistic missile defenses. It has been around a long time, and no final resolution is imminent” (p. 132). In one sense, a review of these three recent books makes clear that many analysts had grown a bit too used to positioning themselves in terms of the 1972 ABM Treaty. Preoccupied with arguments over whether the treaty should be preserved, modified, or rewritten in light of a changing strategic and technological context, no one seemed to have anticipated that President George W. Bush would simply withdraw from it, invoking Article XV's provision that either party could withdraw if “extraordinary events related to the subject matter of this Treaty have jeopardized its supreme interests.” Even many strategic defense supporters who deemed the treaty obsolete (as Robert Joseph persuasively maintains in his contribution to Rockets' Red Glare) generally believed that it should only—and would only—be scrapped if negotiations over U.S.-proposed changes broke down. (“The Bush Administration,” surmises O'Hanlon, “will surely try very hard to amend it before going to such an extreme”) (p. 112). In the event, the president's team disavowed even the word “negotiation,” saying they were willing only to “consult” the Russians regarding the treaty's impending demise.

The Squire Law Library at Cambridge: the Historical Development and Current Status of the International Law Collections

2017 ◽  
Vol 17 (2) ◽  
pp. 78-91 ◽  
Author(s):  
Lesley Dingle
Keyword(s):  
International Law ◽  
Historical Development ◽  
Detailed Account ◽  
Current Status ◽  
Public International Law ◽  
The Public ◽  
The Subject ◽  
Law Library

AbstractIn this paper Lesley Dingle provides a detailed account of the historical development of the public international law collections at the Squire Law Library in Cambridge. She explains the close involvement of the academic lawyers and the librarians, past and present, in developing an important collection which reflects the significance of the subject at Cambridge's Faculty of Law. Finally, she brings things up-to-date by detailing the extent of the electronic provision which benefits the modern scholar in this discipline.

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