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.

The fate of Chinese legal scholarship appears to have been closely linked to the chronological development of legal education in China. The periods of incubation of legal scholarship covered nearly three decades of internal strife and political turmoil from 1949 to 1978. The rebirth of Chinese legal scholarship did not take place immediately upon China's return to the United Nations (in 1971). This return, however, marked the first sign of a change of policy towards legal scholarship.

The author briefly describes the history, development and current status of (Chinese) legal scholarship and attitude towards international law in China.

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.

Experiments on human beings are often beneficial for mankind in general and individuals in particular. They may, however, also present a threat to the right to the personal integrity. Existing provisions of the international law on human rights as well as of humanitarian law are instruments to protect this right against certain forms of experimentation. They leave, therefore, many questions open. Several non-binding texts give suggestions to answer them. They are also useful as materials for an international convention to protect human beings against unwarranted experimentation.

The object of this study is, as suggested by its title: “The Role of the International Law Commission in the Decade of International Law”. In this exercise, the title role will be played by the International Law Commission in the context of the ‘Decade of International Law’ recently proclaimed by the General Assembly of the United Nations. The contribution to be expected of the Commission will be viewed from the perspective of the prospect of enhancing the practice of states in the adoption of available means of their choice for the peaceful settlement of international disputes.

This article deals with the question which rules of origin to apply in order to determine the origin of products imported from the non-independent territories associated with the European Communities. This is examined by means of an analysis of the nature of the association of these countries with the EC, the text of Article 133 of the EEC Treaty, as well as purpose and relevant objectives of the association. It will also be examined whether a restrictive rule of origin for the purpose of preventing trade deflection is compatible with the EEC Treaty. The main thesis is that in the trade between the EC and the ‘Overseas Countries and Territories’ (OCT) the same rules of origin should apply as for the intra-community trade.

This study contains a short informative survey of rights and obligations, according to European Community Law, incumbent on students who intend to follow educational courses in another member state of the European Communities. It is concluded that those students may not be hindered whatsoever as to the access to schools and universities of their host state, however, they have no rights in respect of maintenance allowances.

With the restoration of diplomatic relations between Argentina and the United Kingdom earlier this year, the conflict on the Falkland Islands (Malvinas) enters a new phase. Kay Hooghoudt looks back at the conflict and describes the lessons that can be learned from it. His main conclusion is that as a consequence of the attitude of the UK in the decolonization proces the dispute shifted from a conflict on territorial sovereignty to a dispute on the obligation to negotiate. The author holds that as the Security Council did not act adequately, Argentina did not act contrary to international law by using force to compel the UK to continue the negotiations on sovereignty over the islands. Now that negotiations have started again, the Security Council should act in order to ensure that these negotiations will deal with the crux of the matter, the issue of sovereignty.

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.

“[I]n the last analysis it is the political wills and attitudes of governments that must be changed and -dare one say it?- educated. Political change is not a matter for the jurist, but the education that may lead to it perhaps is.”

In declaring the period 1990–1999 as the United Nations Decade of International Law, the General Assembly of the United Nations listed among the main purposes of that decade the need “to promote means and methods for the peaceful settlement of disputes between States, including resort to and full respect for the International Court of Justice”.

In 1982 the Netherlands suspended the operation of a treaty between Surinam and the Netherlands which obliges the Netherlands to render development assistance to Surinam. This was justified by invoking a fundamental change of circumstances: a coup d'etat which destroyed democracy and led to serious human rights violations. Bosma examines both substantive and procedural aspects of the suspension and concludes that the Netherlands did not correctly invoke a fundamental change of circumstances.

The energetic implementation of the 1992 programme should not be allowed to put the contribution of the Court of Justice to the establishment of the Common Market in the shade. Its case law on the direct effect of Treaty provisions concerning the free circulation of persons, services and goods enables European workers and business-men to fight effectively against protectionism in the EEC Member States. The Court gives, moreover, a very broad interpretation to the prohibitions contained in these provisions and, reciprocally, a very restrictive interpretation to their exceptions. This approach leads to the removal of nearly every obstacle to free trade. Liberalisation has its limits however. Certain economic activities require regulation, even if it has restrictive effects.

When the long-frozen societies in Eastern Europe started to come back to life last year they did so with a speed that quite bewildered the average western observer. So much was, and is, happening that it was almost impossible to follow all the important events. This maelstrom of internal developments was soon reflected in an equally rapid breaking up of long-frozen international structures on the European continent.

After sixteen years of negotiation and numerous Commission's proposals, on December 21, 1989 the Council of Ministers of the EC finally adopted a Regulation on the Control of Concentrations Between Undertakings. The Regulation enters into force on September 21, 1990.

Although the first draft regulation had been issued by the Commission as long ago as 19732, the Council has been unable to reach consensus on the subject for some time. Several amended proposals followed the 1973 draft, but it was only recently that things became really serious, as the Council has been put under considerable pressure by the Commission and industry to finally decide. The increasing pressure has been considered due largely to the EC Court's decision in the BAT-Reynolds Case and the rather active behaviour the EC Commission has displayed in intervening in concentrations since that judgment.