In the death of Mr. Alpheus Henry Snow in New York City on August 19, 1920, the American Society of International Law has lost a friend of long standing and a valuable co-worker. Mr. Snow had been a member of the Society since the first year of its organization in 1906.

The International Law Commission of the United Nations held its 40th session from May 9 to July 29, 1988, under the Chairmanship of Ambassador Leonardo Díaz-González. The Commission adopted 6 articles of the Draft Code of Crimes against the Peace and Security of Mankind and 14 articles on the law of non-navigational uses of international watercourses. Substantial time was devoted to both international liability for injurious consequences arising out of acts not prohibited by international law and the status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier. Reports on jurisdictional immunities of states and their property and state responsibility were introduced by the special rapporteurs for those topics but were not discussed by the Commission owing to lack of time. The remaining substantive item on the Commission’s agenda, relations between states and international organizations (second part of the topic), was not considered at this session. Finally, the Commission once again devoted substantial time to reviewing its procedures and methods of work.

The 35th session of the International Law Commission was held in Geneva from May 3 to July 22, 1983 under the chairmanship of Ambassador Laurel Francis. The Commission considered all seven substantive items on its agenda: state responsibility; jurisdictional immunities of states and their property; status of the diplomatic courier and the diplomatic bag not accompanied by diplomatic courier; the Draft Code of Offences against the Peace and Security of Mankind; the law of the non-navigational uses of international watercourses; international liability for injurious consequences arising out of acts not prohibited by international law; and relations between states and international organizations (second part of the topic). The Drafting Committee, which met a record 30 times, reported out a total of 15 articles concerning three of the above topics (jurisdictional immunities, state responsibility and the diplomatic courier and bag), all of which were provisionally adopted by the Commission. The entire session is dealt with in some detail in the Commission’s 1983 report to the General Assembly. Only the highlights will be covered here.

Established in 1955 as a result of the Soviet effort to prevent West German rearmament through the Western European Union and to some extent as a counter to NATO’S decision to develop tactical nuclear weapons, the Warsaw Treaty Organization, more commonly known as the Warsaw Pact, stands as a multilateral political-military organization and the only example of such a regional defense alliance within the Eastern bloc. It was heralded by Moscow as the “main center” for coordinating the foreign policy of Communist states in Europe.

I propose to discuss the topic through an examination of the practice in East Africa, especially as it relates to its Asian community. There is considerable confusion in the rules of international law on this topic. Few rules are above controversy and in many instances, the practice goes against what are alleged to be the rules. The answer in several instances depends on interrelated but separate issues, each of which might be controversial. Lack of clear answers is partly due to the great number of variables. Additionally, some of these variables are matters properly governed by international law; others by domestic law. Moreover, there is, generally speaking, a need for greater consensus among states on the scope of the variables before the set of rules can function effectively. Thus questions of nationality are central, but the jurisdiction over them is domestic; problems of statelessness are controversial; the right to leave a country may depend on the right to enter another; the possibility of expelling a person is contingent on the obligation or the willingness of another country to receive him.