Գլխավոր էջ International Relations Book Reviews : The Effect of Independence on Treaties. A Handbook published under the auspices of...
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earlier years. Thus, by contrast with the firm manner in which it had Statute in the Free Zones case (1929), he criticised severely its failure to tackle the question of the validity of the Convention of SaintGermain-en-La,ye in the Oscar Clzinn case (1934). This led the author to comment upon the tendency of the Court &dquo;to allow itself to be too blindly led by the litigants, and consequently to exchange its judicial seat for that of the former arbitrators&dquo; (p. 528). This criticism, however, did not lead Professor Verzijl to modify his view - which is surely correctthat one of the most interesting features of the Court’s practice wa,s the way in which inter-State litigation, from the purely technical point of view, was gradually developing &dquo;into true proceedings which conform to a well thought-out plan&dquo; markedly distinct &dquo;both in comparison with the older arbitral proceedings between States and with the internal order of procedure of individual countries&dquo; (p. 514). A particularly interesting ariticle on this theme is that entitled &dquo;The law of inter-State procedure in course of development&dquo; zip. 339). There is no index, but it is understood that a combined index is in preparation for Volumes I and II. A curious feature of the book is that, whereas all the articles therein are in English-having in some cases been translated from Dutch, French or German - many of the quotations from the judgments and opinions of the Court remain in French. In the reviewer’s opinion it would have been better to translate everything into English, and possibly to have brought out a completely French edition as well. This comment, however, should in no way detract from a work which is likely to be of the highest value to all serious students of international law. upheld its D. H. N. JOHNSON The Effect of Independence on Treaties. A Handbook published under the auspices of the International Law Association, prepared by the Committee on State Succession to Tre; aties and other Governmental Obligations. London, Stevens & Sons, 1965: 5 guineas. There was a time when international lawyers thought that it was possible to write a comprehensive treatise on State succession, covering the whole field, on the slender basis of the relatively spare data of an international legal practice which was often contradictory. In order to draw an at least relatively complete and consistent picture of the legal situation which emerged from an analysis of that practice, they were often compelled to disregard many discrepancies found, and to fill in the many lacunae from certain a priori principles, which, the writers concerned held, governed the subject matter. A remarkable change has since occurred. Not only was the aprioristic approach from supposed general legal principles gradually abandoned, but the authors also began to limit their doctrinal analysis of the legal situation more and more to specific parts of the enormous field: succession in public State debts, concessions, and other vested rights, exi.sting legislation, treaties, and so on, or to specific causes of territorial succession: annexation, cession, fusion, dismemberment, etc. The Institut de droit international, during its Salzburg .session of 1961, decided to set up a Committee to examine the problem of &dquo;the fate of the creation of a new State at the expense of a and the International Law Association did virtually the same thing by concurrently establishing a Committee, mentioned in the title of the book reviewed here, to deal specifically with the contemporary practice with respect to the effect of the independence of of treaties in the case pre-existing State&dquo;, colonial territories, protectorates and mandates on treaties, which is indeed one of the most ticklish problems of the whole subject. The book is the outcome of the labours of this latter Committee under the chairmanship of Professor Ch. Rousseau of the University of Paris, who is also the Rapporteur of the corresponding Committee of the Institut de driot international. It deserves high ~praise, both for the painstaking research work devoted to the thorny question by this international team of lawyers, and for the extent of the detailed factual data collected, analysed and assessed as to its juristic relevance. Elaborate appendices throughout the handbook embody a wealth of information, on the fate of treaties applying to old and new (British) Commonwealth members, on 73 Downloaded from ire.sagepub.com at UNIV CALIFORNIA SAN DIEGO on April 13, 2015 agreen~ents&dquo; between a new State and the State formes-ivy responsible for its international affairs, on national lists of treaties held by the State concerned to have remained binding as between itself and new States, on membership of international organisations, on the continuing operation of multilateral conventions and of extradition treaties, and so &dquo;devolution forth. Such a detailed review of modern international practice its indeed the only reliable basis upon which to draw juristic conclusions, but at the same time it gives ground for the Committee’s feeling that &dquo;the problem is too novel and the practice insufficiently coherent to permit it to take an attitude with respect to the law&dquo;. There are, of co~urse, special types of treaties which devolve on a successor State, such as boundary treaties and those commonly called &dquo;dispositive&dquo;, but even the latter type cannot easily be classified as such. The Committee hopes to be in a position after further examination of the evolution of the practice over the next few years and the accumulation of further experience, to formulate its final views on the subject. Meanwhile, the Rapporteur of the Commission himself, Professor D. P. O’Connell of the University of Adelaide, is engaged on an independent research of his own into the wider issue of State succession. It may well be that such continuing research will afford the possibility of arriving at more definite conclusions on the state of positive international law at the present time, but it is also conceivable that the result can only be a statement that that law shows a lacuna on this vital issue of international legal relations. In that case we can only hope for the further slow ripening of a customary rule, for the success of future attempts at codification, or, should the controversial issue be submitted in some concrete case to the International Court of Justice, for a judicial pronouncement which cuts the knot. In the meantime, the I.L.A. handbook can act as a valuable and a dependable guide through the maze of State succession in treaties. J. H. W. VERZIJL Partnership: A Re-Appraisal of the Atlantic Alliance. Henry A. Kissinger. McGraw-Hill Publishing Company, 48/-. If he is not indicted for un-American activities (!), Professor Kissinger deserves to be hailed, in the United States and on this side of the Atlantic, as a major ~praghet: one of the few foreign affairs commentators who have really grasped what is happening in the world today. To begin with, the author of Nuclear Weapons and Foreign Policy appreciates, as few of our latter day strategists do, the basic paradox of the nuclear age. It is certainly the case that peace is preserved in our time principally by the balance of terror; but the fear of escalation remains, inescapable&dquo;the ability to destroy is not related to the ability to disarm&dquo; and the stalemate of the twos giants (U.S. and U.S.S.R.) itself creates new and baffling problems for diplomacy. Thus, &dquo;where no penalty for noncompliance exists - no ultima ratio there is no incentive to reach The Troubled - - agreement&dquo;. so Strategy itself is mocked when the modern weapons system involves remains, as it does, as much many unknown factors and deterrence psychological a~s a military problem. In the West the military predominance of the United States continues, and must continue; but at the same time &dquo;the pressures within the Atlantic alliance against the need for any effective military policy are likely to mount&dquo;. So you get the extreme logic of certain French theorists, such as General Gallois, that nuclear weapons have made alliances obsolete: a formula which would indeed, as the autho~r remarks, spells finis to collective security and pave the way to international chao,s. Professor Kissinger has the great merit of understanding the tensions that are piling up to confound the architects of NATO - &dquo;with the pressures of the new technology running counter to traditional notions of national sovereignty,&dquo; but also the uncovering of certain imponderabilia which statesmen will ignore at their peril. Actually, Professor Kissinger’s analysis of the structural problems of the Alliance, the issue of nuclear control, etc., occupies less than half of this brilliant tract for the times: quite as impressive and illuminating a 74 Downloaded from ire.sagepub.com at UNIV CALIFORNIA SAN DIEGO on April 13, 2015