The UN High Level Panel Report, published in December, takes a comprehensive approach and is very frank in analysing the threats to international peace and security and their rootcauses. Its analysis and recommendations range from economic and social challenges to the use of force. This article discusses in particular the role and tasks that the High Level Panel envisages for the Security Council in light of the threats and challenges it identified. With the events of 11 September 2001 as the pivotal moment in history, the Panel nevertheless does not recommend or insist on fundamental changes of international legal paradigms, including in the (collective) use of force. The Panel's focus on reform of Security Council composition instead of the system that it operates neglects the problems with the latter and the impossibility of achieving the former.

On 21 July 1995, Greece ratified the 1982 UN Convention on the Law of the Sea (hereinafter the 1982 Convention). The entry into force of a widely accepted and comprehensive law of the sea convention has been a consistent objective of successive Greek administrations since negotiations began over two decades ago. Greece was very active during the Third United Nations Conference on the Law of the Sea (UNCLOS III]), voting in favour of the Convention and its Final Act with the intention of ratifying it at a later date. This article discusses the political and substantive context of the Greek ratification of the 1982 Convention by considering its impact upon Greek law of the sea interests and assessing its implications for Greek-Turkish relations in the Aegean Sea.

Silence has often been studied in international law as a mechanism tied to passivity and oppression. In this study, I propose an exploration of other ontologies of silence by unravelling its possibilities as an active mechanism, namely: (i) a tool for resistance; and (ii) a linguistic device for managing disagreement. For this, I use as an exploratory ground the construction of a non-definition of gender for the crime of persecution in international criminal law (ICL). Analysing the Rome Statute negotiations, I examine how gender-conservative actors successfully opposed the proposal for a non-definition of gender, arguing that such a solution would harm the clarity required by the principle of legality in ICL. By establishing that legal rules must be clear, specific, and cohesive, I argue that the legality principle imposes a burden of speech upon non-state voices in ICL, one that encircles them within a subalternity scheme where speech is demanded but can only be performed or mediated by states. Exploring the negotiations of the Convention on Crimes Against Humanity draft, I examine how the non-definition of gender allowed feminist and queer activists to resist such a burden of speech for the conceptualization of gender. Simultaneously, silence also provided an opportunity for International Law Commission members to propose a draft that avoids cacophony around a contentious term. By reflecting on the active roles of silence, this study contributes to new modes of analysing resistance to dominant modes of legal discourse, as well as exploring dynamics of order(ing) in international law-making.

Treaty amendments constitute a critical but under-researched aspect of international law. In this article, we present a comprehensive survey of 491 amendment procedures across 691 multilateral environmental agreements. We use this data collection to build a typology of amendment procedures based on various combinations of control, adaptability, and flexibility. We introduce the property space reduction method as a valuable tool for building typology and analysing international law. We find a clear trend towards the inclusion of amendment procedures, which makes treaties increasingly adaptable. This adaptability is generally coupled with flexibility to avoid infringing on consent. As a result, amended treaties risk being increasingly fragmented into differentiated bundles of obligations split among subsets of members. We also examine how key features of treaty membership, such as power distribution, correlate with the occurrence and types of amendment procedures.

The article deals with the advantages and disadvantages of an international solution for the safe, permanent disposal or long-term storage of high level radioactive waste from a legal perspective. Firstly, some early attempts to create an International Waste Repository (IWR) and their subsequent fate are examined. Next to this, pros and cons of an IWR in the context of recent national and international developments in the management of, and trade in radioactive waste, are considered. Main related question is, whether an international solution to waste disposal is a useful option. Finally, the legal and institutional problems which must be considered if states decide to create an international facility for waste disposal are described. Special attention is given to a model provided for in Chapter V of the Euratom Treaty of 1957.

The Commission on Sustainable Development (CSD), the intergovernmental body set up to review the implementation of Agenda 21, is in more than one way crucial for the future development of the United Nations system. The Commission is the first organisation within the United Nations system which institutionally links environment and development. In these policy areas, two integration processes can be distinguished. First, environment and development initiatives have to be taken into account in all other areas of policy and law-making, including such important fields as foreign policy and national and international security. Secondly, the interests of actors on the global stage, including states, intergovernmental and non-governmental organisations, are becoming more and more interrelated and convergent.

Classical international law was characterised by its insistence on the state as a sovereign who within its borders had no equal and thus permitted no interference in its acts. States were the only subjects of international law. All other entities were objects of the law which was inevitably dominated and dictated by states. Modern international law has seen a drastic shift from these views. For instance, legal theory now recognises other subjects of the international regime. States have yielded parts of their sovereign powers to personalities like international organisations. To a certain extent, natural and legal persons have found a place in the emerging international law. It must be emphasised, however, that this position of the latter does not go unchecked. States still regulate the activities of other international legal personalities. States are also seen jealously guarding their status as the prime subjects of international law.

The principles of classical international economic law, as it developed during the 19th and the first part of the 20th century, were based upon the three fundamentals of freedom, legal equality, and reciprocity. UNGA resolutions 3201(S-VI) and 3281(XX1X) of 1974 embody the legal principles upon which a new international economic order (NIEO) should be based. These principles in their turn are based upon the three N1EO fundamentals of protection of the economic interests of developing countries, preferential treatment of developing countries, and non-reciprocity in the relationship between developed and developing countries. The present study investigates to what extent these three NIEO fundamentals have become implemented in the legal practice of a notorious classical institution, the GATT, and have thereby passed the border between UNGA recommendations and binding law. It concludes that, although GATT practice reveals a substantial effort to give implementation to the NIEO fundamentals, so far it has provided developing contracting parties with only few true preferential rights.

On June 2, 1988, the Convention on the Regulation of Antarctic Mineral Activities was concluded after several years of negotiations. Starting with a review of the 1959 Antarctic Treaty, the author discusses the new Convention and the organs it has created. Special attention is paid to the possible impact of mineral activities to the unique environment of Antarctica, and the safeguards which are offered by the Convention in this respect. According to the author, it can be doubted whether the regime's institutions will adequately account for the environmental consequences of mineral activities.

As a result of the Iraq-Iran war, Iraq's economy has been exhausted. It had a foreign debt of nearly 80 billion dollars. Iraq apparently failed in its attempts to borrow in foreign capital markets the amounts for investment-in particular for the reparation and expansion of oil production capacity-which it needed to restore its economy. In June 1990, Iraq stated that Kuwait and the United Arab Emirates had undermined the Iraqi economy by persistently producing more than their OPEC quotas. On July 18, 1990, the Iraqi Minister of Foreign Affairs Tariq Aziz stated in the Arab League that Kuwait had stolen Iraqi oil worth 2.4 billion dollars from the Rumaila Oilfield and that Kuwait had built military installations on Iraqi territory. The President of Egypt, Mubarak, then stated that Iraq and Kuwait would negotiate in Jeddah about the Iraqi claim. At the OPEC conference in Geneva on July 26, the minimum reference price was raised to $21.0/b. This despite Iraq's pressure to raise it to $25.0/b. Iraq then warned Kuwait that it had legitimate and historical rights in respect of the Rumaila Oilfield and two islands in the Persian Gulf. On August 1 it turned out that the negotiations in Jeddah had failed. Kuwait stated that it had refused to cede territory. On August 2 Iraqi troops invaded Kuwait. Because of the small capacity of the Kuwaiti army to offer resistance, Kuwait was occupied by Iraq in a very short time.

In this article, special attention will be given to the recent judgment of the European Court of Human Right in the case of Akdivar and Others v. Turkey. Since 1985, a violent conflict has raged in the South-Eastern region of Turkey, between the Turkish security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers' Party of Kurdistan). Since 1987, 10 of the 11 provinces of South-Eastern Turkey have been subjected to emergency rule, which was in force at the time of the facts complained of. The main issue in this case concerned the fact that during this conflict, a large number of villages have been destroyed and evacuated by the security forces. According to the applicants, the alleged burning of their houses by the security forces constituted, inter alia, a violation of Article 3 (the prohibition of torture and inhuman treatment or punishment) and Article 8 (the right of respect for private life, family life, and home) of the European Convention on Human Rights (ECHR), and Article 1 of Protocol No. 1 (property rights).

In early 2005 a Consultative Board presented a report (the Sutherland Report) on the functioning of the WTO and means to improve its efficiency. The author summarizes the Board's key findings and reflects on its main recommendations. The Board discusses sovereignty and globalization in the context of the world trading system. In addition it finds that the WTO needs to reconsider its institutional framework and some concepts underlying the organization. The Board particularly urges the WTO to address the erosion of the most-favoured-nation treatment through the proliferation of the preferential trade agreements. Transparency and civil society, dispute settlement, decision-making, efficiency, and the role of the Director-General and the secretariat are also discussed. The author concludes that the Board focuses on economic consequences of trade liberalization but fails to address the harmful effects of globalization. He agrees with the Board that institutional reform is required, but concludes that it would have been helpful if the Board had offered clearer direction on how to improve the decision-making process.

NATO is a collective self-defence regional organization that was established at the time of the Cold War, and the end of East–West confrontation gave rise to the debate about its future role. In the 1999 Washington summit a new strategic concept was promulgated, according to which NATO was to act as a collective security organization as well. The community of interest previously represented by the Eastern bloc has not been unequivocally replaced by a new one. Hence there is room for national interest to play greater role in the decision-making by the alliance. This decision-making is based on consensus, which is incompatible with assertions of strictly national policy. The institutional crisis within NATO in early 2003 was largely due to the transfer to within NATO of the disagreement among its member states in the UN Security Council over dealing with Iraq's alleged weapons of mass destruction. The crisis was ultimately resolved, but it exposed the serious limitations of the NATO decision-making process. While claims about the likelihood of NATO's survival seem premature, the recent institutional crisis may be a legitimate ground for considering institutional reform.

Books and Articles in the Field of the Prevention and Peaceful Settlement of International Disputes (Winter 2003–4) Compiled by Ingrid KostConservator, Peace Palace Library, The Hague.

One of the main catalysts for the shift towards renewable energies has been the practice of support schemes in a key number of EU member states. Some of these states have since withdrawn or revoked much of their original support, which has resulted in investment treaty arbitrations being filed against them under the Energy Charter Treaty. Arguably, a balance should be found between investors’ legitimate expectations concerning the stability of the legal framework and the host states’ right to adapt regulations to new needs. This can be achieved by clarifying and delimiting the principle of fair and equitable treatment, and by encapsulating it in a more precise set of rules. Due to its open character, this principle could otherwise become too intrusive a standard of judicial review for the exercise of sovereign power by host states. It could be diluted into a rhetorical framework inviting uncertainty and subjective judgment. While the focus of this article is on energy, the concern for legal stability equally applies to all those sectors where large upfront investments are required, which can only be recouped in the long run.