The Spring Conference of the British Branch of the International Law Association exemplified to the authors some of the ways in which the ‘old’ encounters the ‘new’ in contemporary international law. Followed by a selective Bibliography of new-stream international legal writing, this Editorial tries to unravel the ‘interested distance’ maintained by the mainstream towards new trends in international legal scholarship.

It has to date not been examined in-depth what correlative rights and obligations the breach of an erga omnes obligation or an erga omnes right may entail. In his Separate Opinion in the Gabčíkovo-Nagymaros case, Judge Weeramantry devotes one section to the legal consequences of the involvement of erga omnes obligations in inter partes judicial procedures. This editorial analyses the relevant parts of Judge Weeramantry's Separate Opinion and explores the impact it may have on future litigation involving erga omnes issues.

The Bananas decision demonstrated that WTO dispute settlement panels and the Appellate Body are capable of effectively and clearly analyzing whether extremely complex measures are consistent with WTO rules. The trade-liberalizing decision established the General Agreement on Trade in Services (GATS) as a meaningful constraint on discriminatory measures with an impact on both goods and services and clarified the nature of the GATS Most-Favoured Nation (MFN) obligation. The decision also severely constrained the ability of the EU to justify non-tariff discriminatory measures such as the quota allocation system at issue in Bananas based on the Lomé waiver.

The adoption of the Convention in hand is regarded as a significant step in the law-making process in the field, irrespective of its entry into force. In order to assess the extent of such significance, the text under consideration is interpreted in the light of the most advanced relevant international instruments, including the International Law Association private codification process. The provisions on the general principles of equitable utilisation and no-harm are read in conjunction with Part IV on ‘protection, preservation and management’, on account of a systematic interpretative approach, and on the assumption of the interdependence between water quantity and quality issues. The general character of the wording in which the substantive principles are spelled out, will prompt their further specification, rather than change, through subsequent diplomatic, treaty, and judicial practice.

Should state immunity from jurisdiction be denied to states that violate fundamental human rights in breach of international law? This article critically discusses three analytical approaches which can be used to answer the question at the level of international law. These approaches are derived from a review of principles of state immunity and fundamental human rights, including ius cogens. The article goes on to examine why the results dictated by these approaches at the level ot international law may not be reflected by municipal legal systems, using US domestic statutes and case law as an example of how a domestic legal system has dealt with this question.

Allegations of human rights and humanitarian law violations by UN forces have highlighted the need for more clarity in this area. This requires a focus on human rights and humanitarian norms applicable to UN forces, and the question of responsibility for violations of those norms. To a large extent, these questions concern the relations between the UN, national contingents, and troop contributing states. What are their respective rights and obligations? In this paper it is submitted that the answer given to this question under international law differs from the one given in the specific legal framework and practice of UN forces.

Since its founding in 1963, the Organization of African Unity (OAU) has placed special emphasis on the preservation of the territorial integrity of African states. It has actively contributed to the development of relevant rules of international law, such as that of uti possidetis. Its opposition to the fragmentation of states has been absolute. However, the small island state of Comoros has challenged this state of affairs. The seemingly successful secession of ‘Anjouan’ has threatened the cherished principles of the OAU. This article critically analyzes the relationship between the principles at the heart of the dispute, those of self-determination and uti possidetis, and concludes that there is no legal proscription on the secession of ‘Anjouan’.

The Dispute Settlement Understanding in the WTO Agreement represents a significant shift from a diplomatic model of dispute settlement to a rule-based model. The substitution of legal legitimacy for political legitimacy in the dispute settlement process makes the success or failure of the system largely dependent on the credibility of the jurisprudence produced by the panels and Appellate Body. One way which international tribunals have established credible jurisprudence, is by following their previous decisions unless there is good reason for deciding otherwise. This paper examines the precedential effect of previously adopted panel and Appellate Body reports, and policy reasons for and against a stronger form of precedent in WTO jurisprudence.

The United Nations Claims Commission (UNCC) was set up by the UN Security Council to process claims submitted by victims of the war between Iraq and the Coalition Forces (1990–1991). From an institutional point of view, the UNCC is a curious creation, assuming the form of a hybrid between an administrative claims procedure and an international tribunal. This article will highlight some of the difficulties with the institutional model chosen and focus on the institutional, as well as the normative legitimacy of the UNCC, whereby particular attention is devoted to Iraq's participation in the procedure.

The Dayton Accords of 1995 for Peace in Bosnia and Herzegovina provided for arbitration over the boundary line in the Brćko area of Bosnia. Arbitration took place between the Muslim and Croat Federation and the Republika Srpska. Both party appointed arbitrators refused to sign the Award. The Award of 14 February 1997 did not draw a boundary line but established an international interim supervisory regime. The Tribunal decided on the basis of international law and equity, but it refused to apply the principle of non-recognition of territorial gains obtained in violation of international law. On 15 March 1998 the Arbitral Tribunal handed down a Supplemental Award. This holds out the prospect of a further decision by the Tribunal in early 1999.

On 1 July 1997 the People's Republic of China recovered Hong Kong in accordance with the Sino-British Joint Declaration of 19 December 1984. On the same day, China announced the Hong Kong Special Administrative Region (HKSAR) formally established and functioning as of 1 July 1997.

The Hague Convention on Cultural property of 1954 prohibits the transfer by the occupier of cultural property from territory occupied by him. Under the Protocol annexed to the said Convention, the parties to it undertake to return cultural property transferred in contravention of the Convention to their countries of origin. These provisions arc clearly inadequate when dealing with Jewish cultural property looted by Nazi-Germany and its collaborators in the course of World War II. Jewish cultural heritage was usually considered as endangering the cultural heritage of the host nations and, consequently, subject to harassment and destruction. It would therefore seem inequitable to return looted Jewish cultural property (representing the cultural heritage of the Jewish people) to (those countries from which it was looted; the proper recipient of this heritage (also by virtue of the principle of self-determination) is the Jewish people represented by the State of Israel and the major contemporary Jewish communities around the world.

The effects of the 1990 Iraqi invasion of Kuwait are felt strongly up to the present day. On numerous occasions, the inspection teams of the UN Special Commission (UNSCOM) have encountered serious problems and opposition by the Iraqi government when verifying the non-production of weapons of mass destruction in Iraq. Among the many legal questions raised by the Iraqi-Kuwait war's aftermath, a fundamental issue is whether – in the absence of an explicit Security Council decision – compliance by Iraq with its obligations may be enforced by military means. In this article, this question is addressed by examining whether military enforcement action can be based on Security Council resolutions adopted earlier in the course of the conflict, especially Resolutions 678 (1990), in which the Council authorised the use of ‘all necessary means’, and 1154 (1998), in which the ‘Memorandum of Understanding’ between the UN and Iraq was endorsed. It is argued that without a further mandate from the Security Council, military enforcement of arms control in Iraq under the present circumstances is prohibited by international law.

The Dayton Accords of 1995 provided for arbitration over the boundary line in the Brčko area of Bosnia. Arbitration took place between the Muslim and Croat Federation and the Republica Srpska. Both party-appointed arbitrators refused to sign the Award. The Award does not draw a boundary line but establishes an international interim supervisory regime. The Tribunal decided on the basis of international law and equity. But it refused to apply the principle of non-recognition of territorial gains obtained in violation of international law. A further decision of the Tribunal is planned by 15 March 1998.

This article provides an overview of, and a short comment on the WTO's Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes. After an introduction, the nine articles and three annexes of the Rules are described. Next, some comments are made. The article concludes arguing that some clarifications to the Rules could be made. However, these are not expected to be realised shortly, since there is as yet little or no experience with the Rules. Interpretative issues regarding the Rules appear unlikely to be invoked frequently for fear of impairing the success of the dispute settlement process.

On 8 July 1991, Qatar filed an application instituting proceedings against Bahrain in respect of certain disputes between the two states relating to sovereignty over the Hawar Islands, sovereign rights over the shoals of Dibal and Qit'at Jaradah, and the delimitation of the maritime areas of the two states.

The Energy Charter Treaty came into force on 16 April 1998. The Treaty contains far-reaching provisions on trade and investment liberalisation within the energy sectors of 49 signatory states. The Treaty arguably offers a basis for multilateral agreement on micro-economic reform of the energy sectors. Some of the most significant initiatives contained in the treaty are the provisions for resolution of disputes. This article examines in detail the provisions dealing with arbitration of disputes between investors and states. These mechanisms build on models developed in other recent multilateral investment treaties. The limitations and potential offered by these provisions are discussed and some conclusions drawn.

The dispute between the United States and the European Community on American extraterritorially operating trade legislation is far from resolved. The European Community has adopted a two-pronged approach to the matter; on the one hand WTO dispute settlement proceedings were initiated which, however, were subsequently suspended. On the other hand, the Community adopted quite unique anti-extraterritoriality legislation. This contribution reviews developments relating to the Community's double response in the last year, and provides some comments on possible developments in the future. Redress (noun): Reparation without satisfaction. Among the Anglo-Saxons a subject conceiving himself wronged by the king was permitted, on proving his injury, to beat a brazen image of the royal offender with a switch that was afterward applied to his own naked back. The latter rite was performed by the public hangman, and it assured moderation in the plaintiff's choice of a switch.

The Court has revised its working methods to expedite the examination of contentious cases brought before it. The revision was necessary owing to the major increase of activity of the Court in recent years and to the budgetary constraints it faces as a result of the financial crisis of the United Nations. The outlines of these decisions were reported by the President of the Court when he addressed the United Nations General Assembly at its 52nd Session on 27 October 1997.

On 8 July 1991, Qatar filed an application instituting proceedings against Bahrain in respect of certain disputes between the two states relating to sovereignty over the Hawar Islands, sovereign rights over the shoals of Dibal and Qit'at Jaradah, and the delimitation of the maritime areas of the two states.