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Problems of International Adjudication and Compliance With International Law: Some Simple Solutions

Published online by Cambridge University Press:  28 March 2017

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Abstract

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Type
Editorial Comment
Copyright
Copyright © American Society of International Law 1965 

References

1 Resolution adopted at the Neuchatel Session in 1959, 54 A.J.I.L. 136 (1960).

2 For some constructive suggestions for opening up a wider range of procedures and remedies, see Jenks, The Prospects of International Adjudication, Ch. 3.

3 164 Proceedings, American Society of International Law 3.

4 Ibid, at 5. He expressed a similar sentiment in ‘ ‘ The Adequacy of Contemporary Theories in International Law—Gaps in Legal Thinking,” 50 Virginia Law Review 231-265, at 236 (1964). The essays to which he referred appeared in the July, 1963, issue of this Journal and elsewhere.

5 Proceedings at 28.

6 Ibid. 131-136.

7 Ibid, at 141.

8 Ibid. at 136.

9 Ibid, at 129, where the rough draft of the proposed reservation will be found.

10 And to Professor Stone as well, who commented: ‘ ‘ when paper promises of compliance could not in the nature of things be enforced, we might well promote organic growth of procedural solutions by admitting the right of veto.” Ibid, at 141.

11 Ibid, at 129.

12 See this writer's “Bulgaria Invokes the Connally Amendment,” 56 A.J.I.L. 357- 382 (1962).

13 Ibid, at 124. Italics supplied.

14 Ibid.

15 Ibid. Italics supplied.

16 Rosenne, The International Court of Justice at 73 f. and 108; and Jenks, op. cit. at 667.

17 This point is considered in greater detail by Rosenne, ibid, at 107 f.

18 Cf. Rosenne, ibid, at 108.

19 Rosenne, ibid, at 109.

20 Fisher, loo. cit. at 126

21 Ibid, at 124.

22 Ibid, at 129.

23 Ibid, at 131.

24 Ibid, at 27. Mr. Acheson's remarks will be found on p. 14 of the 1963 Proceedings.

25 Stone, 1964 Proceedings, American Society of International Law at 31.

26 “ The Soviet-Cuban Quarantine and Self-Defense,” 57 A.J.I.L. 597-604, at 600 (1963).

27 Ibid.

28 “ Only “ and “ not only” may modify “collective” or “effective” as desired.

29 Fisher, 1964 Proceedings, American Society of International Law at 125.

30 Ibid. at 5.

31 See Corfu Channel case, [1949] I.C.J. Rep. 4, at 35.

32 Falk, ibid. at 8.