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The Flame Rekindled

Published online by Cambridge University Press:  21 July 2009

Sam Muller  and
Wim Mus
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Abstract

[…] risks and conflicts of interest can be overcome by rules of conduct adequate to the challenges of life if a conscious effort is made to foresee and counter the problems likely to emmerge.

Type
Articles
Information
Leiden Journal of International Law , Volume 6 , Issue 2: Special Issue 1993: THE FLAME REKINDLED: New Hopes for International Arbitration , August 1993 , pp. 203 - 214
Copyright
Copyright © Foundation of the Leiden Journal of International Law 1993

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References

1. Manfred, Lachs, Thoughts on Science, Technology and World Law, 86 AJIL 689 (1992).Google Scholar

2. Paragraph 1 and 3 of the preamble of the Charter of the United Nations.

3. General Assembly Resolution 44/23 of December 17, 1989.

4. See 3 LJIL (1990).

5. Arthur Eyffinger, The Peace Palace (1988).

6. These rules did not have the succesful effect they were hoped to have. One of the reasons for this is that they came too late. By the early sixties there were already a number of other institutions operating in this field.

7. See the contribution by Jeff Bleich in this Special Issue, 215.

8. One only has to think of minority-, economic-, commercial- and environmental issues.

9. With the weight of the universal UN organization behind it, this article sums up the following methods states should resort to:“[…] negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their [the parties] own choice”. It is interesting to note that Article 12 and 13 of the Covenant of the League of Nations only mentioned arbitration, diplomatic negotiations and recourse to the Council of the League of Nations.

10. Quéneudec, J.P., Réglement Pacifique des Differends, in J.P. Cot, A. Pellet (ed.), La Chartre des Nations Unies 570 (1985).Google Scholar

11. Good offices is not mentioned seperately in Article 33. It is however added to the listing of Article 33 in the Declaration of Manilla (U.N. Doc. A/Res/37/10).

12. On the issue of the difference between arbitration and adjudication, see Rosenne, S., Reflections on International Arbitration and Litigation in the International Court of Justice, 9 Forum Internationale 1–21 (1987)Google Scholar; Schwebel, S., Chambers of the International Court of Justice Formed for Particular Cases, in International Law at a Time of Perplexity – Essays in Honour of Shabtai Rosenne 739–770Google Scholar; E. Lauterpacht, Aspects of the Administration of International Justice 85–98 (1991) and the dissenting opinion of Judges Shahabuddeen and Tarassov in the El Salvador/Hunduras case, 1990 I.C.J. Rep. 3, at 92.

13. The Commission of Experts established pursuant to Security Council Resolution 780(1992), also known under the name of its president, as ‘the Kalshoven Commission’.

14. See Security Council Resolution 808 of February 22, 1993.

15. See for a description of the role of the PCA in its first decade of existence: Hudson, Manley O., The Permanent Court of Arbitration, 27 AJIL 440–460 (1933)CrossRefGoogle Scholar. See also Pinto's contribution to this Special Issue, 241.

16. See A. Redfem & M. Hunter, Law and Practice of International Arbitration 22 et seq. (1991).

17. 1958 Report of the ILC (tenth session), at 2–10 (U.N. Doc. A/3859).

18. Ultimately resulting in the Advisory Opinion on the Applicability of the Obligation to Arbitrate under Section 21 of the United Nations Headquarters Agreement of June 26, 1947, 1988 I.C.J. Rep. 12.

19. Article 34 of the Statute of the International Court of Justice only grants states ius standi before the Court.

20. B.G. Ramcharan, The International Law and Practice of Early-Warning and Preventive Diplomacy: The Emerging Global Watch at 33 (1991).