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Proportionality is a fundamental component of the law on the use of force and the law of armed conflict—the jus ad bellum and the jus in bello. In the former, it refers to a belligerent's response to a grievance and, in the latter, to the balance to be struck between the achievement of a military goal and the cost in terms of lives. The legitimate resort to force under the United Nations system is regarded by most commentators as restricted to the use of force in self-defense under Article 51 and collective security action under chapter VII of the UN Charter. The resort to force in both these situations is limited by the customary law requirement that it be proportionate to the unlawful aggression that gave rise to the right. In the law of armed conflict, the notion of proportionality is based on the fundamental principle that belligerents do not enjoy an unlimited choice of means to inflict damage on the enemy. Since the entry into force of Protocol I to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, proportionality has been both a conventional and a customary principle of the law of armed conflict.

Contents -- 1. Approaches to Administrative Law -- 2. The Integration of the Principles into English Law -- 3. Legitimate Expectations -- 4. Proportionality (I): European Doctrine and English Debate -- 5. Proportionality (II): Future Development -- 6. Conclusion

The North Atlantic Treaty Organization (NATO) member states conducted a bombing campaign, referred to as Operation Allied Force, against the Federal Republic of Yugoslavia (FRY) from 24 March to 9 June 1999. The conduct of the bombing campaign has been subjected to a degree of outside scrutiny, particular by Human Rights Watch, Amnesty International, and the Office of the Prosecutor for the International Criminal Tribunal for the former Yugoslavia (OTP ICTY). This outside scrutiny process is not unprecedented. In particular, following the Gulf Conflict of 1990–91, Human Rights Watch produced a study entitled 'Needless Deaths in the Gulf War' and Greenpeace produced 'On Impact: Modern Warfare and the Environment, A Case Study of the Gulf War.' In addition, the United States Department of Defence (USDOD), which was not an outside scrutineer, produced a Report to Congress on the Conduct of the Persian Gulf War which included an Appendix O on 'The Role of the Law of War.'

Diplomatic relations — Inviolability of diplomatic mission — Duty of receiving State to protect embassy premises — Vienna Convention on Diplomatic Relations 1961, Article 22(2) — Occupation of embassy and taking of hostages by foreign dissidents — Whether authorities in receiving State entitled to institute criminal proceedings for offences committed on embassy premises — Whether embassy premises forming part of territory of receiving StateRelationship of international law and municipal law — Crimes against international law — Seizure of embassy and taking of hostages — Whether perpetrators subject to criminal prosecution in receiving State — Whether defence of necessity available to perpetrators seeking to draw attention to unlawful acts of communist government — Principle of proportionality — The law of Switzerland

RECENT DEVELOPMENTS IN THE PRINCIPLE OF PROPORTIONALITY IN EUROPEAN COMMUNITY LAW -- Francis G. Jacobs -- PROPORTIONALITY AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS -- Jeremy McBride -- THE EFFECT OF PROPORTIONALITY ON THE ACTIONS OF MEMBER STATES OF THE EUROPEAN COMMUNITY:NATIONAL VIEWPOINTS FROM CONTINENTAL EUROPE -- Walter van Gerven -- PROPORTIONALITY IN EUROPEAN COMMUNITY LAW: SEARCHING FOR THE APPROPRIATE STANDARD OF SCRUTINY -- Takis Tridimas -- UNREASONABLENESS AND PROPORTIONALITY IN UK LAW -- Paul Craig -- THE INFLUENCE OF THE EUROPEAN PRINCIPLE OF PROPORTIONALITY UPON UK LAW -- The Rt. Hon. Lord Hoffmann -- PROPORTIONALITY AND THE HUMAN RIGHTS ACT 1998 -- David Feldman -- PROPORTIONALITY AND THE SUPREMACY OF PARLIAMENT IN THE UK -- Nicholas Green -- THE CONCEPT OF PROPORTIONALITY IN EUROPEAN COMMUNITY SEX DISCRIMINATION LAW -- Evelyn Ellis

265Human rights — Right to respect for private life and home — The law of England — Anton Piller order authorizing search for video cassettes made in breach of copyright — Balancing of interests of individual against rights of others to be free from unauthorized infringement of copyright — Whether "in accordance with law" including common law — Whether sufficient safeguards to ensure proportionality to legitimate aim — European Convention on Human Rights, 1950, Article 8Human rights — Grounds for interference with rights — Requirement that interference be "in accordance with law" — Legal certainty — Whether rules of unwritten common law sufficient — European Convention on Human Rights

Intro -- Title Page -- Copyright Page -- Foreword -- Table of Contents -- Preface -- Abbreviations -- 1. The Greek Contributions to the Development of the International Law of the Sea -- 2. Equity, Equidistance, Proportionality at Sea: The Status of Island Coastal Fronts and a Coda for the Aegean -- Maritime Delimitations Today - Equidistance with or against Proportionality and the Status of Islands -- A Summary of the Rejections: The Negative Clearance -- A Summary of the Preservations and Refinements -- Special Issue: The Status of Island Coastal Fronts -- Adjusting Equidistance to Coastal-Length Proportionality -- Reflections on the Aegean -- Conclusion -- 3. The Greek Continental Shelf -- Introduction -- The Geography of the Area -- The International Legal Rules Applicable to the Determination and Delimitation of the Greek Continental Shelf -- The Existing Situation -- Some Final Remarks -- 4. The Greek Territorial Sea -- Introduction -- The Territorial Sea in International Law -- The Domestic Law Of Greece Concerning the Breadth of the Territorial Sea -- The Territorial Sea of Turkey -- Some Concluding Remarks -- Post Scriptum: The Imia Incident -- 5. The Greek-Turkish Dispute over the Aegean Sea Continental Shelf: Attempts of Resolution -- Introduction -- The Legal Nature of the Dispute -- Methods for Peaceful Settlement -- Conclusions -- 6. Greek Fisheries and the Role of the Exclusive Economic Zone -- A Historical Retrospect -- Aquaculture -- The Role of Fisheries in the European Union -- The Concept of the EEZ -- The Mediterranean Sea -- The Role of the European Union -- A Greek Exclusive Economic Zone -- The Future of a Greek EEZ -- 7. The Protection of the Marine Environment from Pollution -- General -- Basic Rules -- Enforcement -- Contingency Planning -- Other Rules on Marine Pollution -- Conclusion -- Annex A -- Annex B -- Annex C.

Human rights — Treaties — Reservations — European Convention on Human Rights, Article 64 — Prohibition on reservations of a general character — Requirement that reservations contain brief statement of the law concerned — Interpretation of reservationsHuman rights — Freedom of expression — Interference with exercise of right must be prescribed by law and pursue a legitimate aim — States' margin of appreciation in determining whether interference is necessary in a democratic society and whether there is reasonable proportionality between means of interference employed and legitimate aim pursued — European Convention on Human Rights

395Sea — Maritime boundaries — Continental shelf — Fishery zone — Principles regarding delimitation — Whether same principles applicable to shelf and zone — States concerned parties to Geneva Convention on the Continental Shelf, 1958 — 1958 Convention, Article 6 — Applicability to area falling outside definition of continental shelf in 1958 Convention, Article 1 — Relationship to customary international law — Opposite coasts — Median line as starting point — Special circumstances — Whether the same as relevant circumstances under customary law — Equity — Marked disparity in length of opposing coasts — Principle of proportionality — Other potentially relevant factors — Dependence on fisheries — Size of population — Security — Whether Court empowered to draw single line of delimitation for both continental shelf and fishery zonesSea — Continental shelf — Juridical nature of continental shelf — Evolution of continental shelf regime — Definition of continental shelf — Declining importance of principle of natural prolongation — Proportionality between length of coast and area of continental shelf — Relationship between continental shelf, exclusive economic zone and fishery zoneSea — Fisheries — Fishery zone — Nature — Whether legal concept — Relationship with exclusive economic zone — Delimitation between opposite States with overlapping claims to fishery zones — Principles of customary international law applicable to delimitation — Relationship with treaty principles regarding delimitation between overlapping continental shelf claims — Equidistance principle — Relevant circumstances — EquitySea — Islands — Entitlement to continental shelf and fishery zone — Greenland — Jan Mayen — Whether size, location or population of island relevant — Distinction between island and rock not entitled to maritime areaInternational Court of Justice — Jurisdiction — Optional clause — Maritime boundary dispute brought before Court under Article 36(2) of the Statute of the Court — Powers of the Court — Dispute relating to boundary between continental shelf areas and fishery zones — Whether Court empowered to draw single maritime boundary in absence of special agreement between the Parties396International Court of Justice — Judicial process — Law to be applied — Equitable principles — Application of equity distinguished from decision ex aequo et bono — Judicial discretion — Delimitation of maritime boundarySources of international law — Treaties — Customary international law — Relationship between treaty and custom — Principles of maritime boundary delimitation — Relationship between provisions of Geneva Convention on the Continental Shelf, 1958, Article 6 and customary law — Effect of United Nations Convention on the Law of the Sea, 1982, on customary international law — Equity as source of international lawTreaties — Application — Interpretation — Geneva Convention on the Continental Shelf, 1958, Article 6

298International criminal law — Crimes against humanity — Nature and definition — Gravity — Sentence — Comparison between crimes against humanity and war crimes — Defences — Duress — Whether duress available as a defence on a charge involving the killing of innocent persons — Massacre of prisoners — Requirements for defence of duress — Serious threat to life and limb — Moral choice — Proportionality — Whether crime would have been committed in any event — Whether duress confined to mitigation of sentenceInternational tribunals — International Criminal Tribunal for the Former Yugoslavia — Object and purpose — Procedure — Plea of guilty — Whether acceptable — Requirement that plea be voluntary, informed and unambiguous — Plea of guilty not to prejudice fundamental rights of the accused — Differences between International Criminal Tribunal and national courts — Extent of reference to national law — Common law on pleas of guilty — National laws on duress as a defenceSources of international law — Custom — General principles of law recognized by civilized nations — Nature of reference to national law by international tribunal — Concepts of national law not transplanted in their entirety into international law — Sources of international criminal lawWar and armed conflict — War crimes and crimes against humanity — Massacre of large number of prisoners — Criminal responsibility of individuals involved — Whether duress available as a defence — Appropriate sentence

Despite renewed interest in metropolitan governance, little attention has been given to issues of representation by regional governing entities. Many regional bodies operate under an arrangement whereby each local government receives an equal vote-systematically underrepresenting large jurisdictions and unincorporated areas. The author describes an index to measure the (dis)proportionality of representation on the governing boards of regional institutions. Applying the index to metropolitan planning organizations in California, he finds that most have a substantially skewed representational structure. Such patterns may violate constitutional guarantees of equal protection, given the enhanced policy-making role of metropolitan planning organizations under recent federal transportation law.

Environment — War — Nuclear weapons — Effect of use of nuclear weapons upon the environment — Treaties for the protection of the environment — Whether applicable to military operations in time of armed conflict — Relationship between international environmental law and the law of armed conflict — Principle 24, Rio Declaration — United Nations Environmental Modification Treaty, 1977 — Additional Protocol I, 1977, Article 35(3)Human rights — War — Nuclear weapons — Whether human rights treaties applicable to military operations in time of armed conflict — Right to life — International Covenant on Civil and Political Rights, 1966 — Relationship between the law of human rights and the law of armed conflictInternational Court of Justice — Advisory jurisdiction — Request by United Nations General Assembly — Request for advisory opinion concerning whether the use or threat of use of nuclear weapons permitted under international law — Whether within the jurisdiction of the Court — United Nations Charter, Article 96(1) — Discretion of Court not to reply to question — Statute of the Court, Article 65(1) — Whether question poses a legal question — Whether motives for asking the question relevant — Role of the Court in advisory proceedings164International criminal law — Genocide — Genocide Convention, 1948 — Nuclear weapons — Whether use of nuclear weapons would constitute offence of genocideInternational organizations — United Nations — General Assembly — Competence — Security issues — Nuclear weapons — Role of the Assembly in view of involvement of the Security Council — Whether Assembly competent to request advisory opinion from the International Court of Justice — Resolutions of the General Assembly — Whether a source of law — Normative significance of resolutions in the light of the practice of StatesReprisals and countermeasures — Reprisals involving the use of force — Whether armed reprisals lawful in time of peace — Belligerent reprisals — Use of nuclear weapons — Threat to use nuclear weaponsSources of international law — Custom — Requirements of custom — Importance of actual State practice — Persistent objector principle — Opinio juris — United Nations General Assembly resolutions — Normative significance — Resolutions on the use of nuclear weaponsWar and armed conflict — Nuclear weapons — Whether use or threat to use nuclear weapons lawful — Applicable law — Relevance of law on the environment and human rights — Law regarding the use of force — Right of self-defence — Relationship between right of self-defence and law regulating the conduct of hostilities — Possible tension between law of armed conflict and right of self-defence — Restrictions on the right of self-defence — Proportionality and necessity — Concept of threat to use force — Principles of the law of armed conflict regarding weaponry and targets — Unnecessary suffering principle — Requirement that civilians and civilian objects should not be attacked — Principle of proportionality — Collateral damage — Prohibition of poison and poisoned weapons — Martens clause — Applicability to the use of nuclear weapons — Neutrality — Obligations of belligerents towards neutral States — Characteristics of nuclear weapons — Whether use of nuclear weapons ever reconcilable with law of armed conflict — Whether use of nuclear weapons lawful in extreme circumstances of self-defence

252Aliens — Deportation — Deportation for criminal offences of alien who had always lived in Respondent State — Limits on rights of States to deport aliens — Human rights — Right to respect for family lifeHuman rights — Right to respect for family life — Whether deportation an interference with right to respect for family life — Whether deportation in accordance with the law and in pursuit of a legitimate aim — Whether deportation necessary in a democratic society — Requirements of a pressing social need and proportionality to the legitimate aim pursued — Seriousness of criminal record — Serious disability of applicant — Applicant's need for support from his family — Nationality of the applicant's family — Length of residence in Respondent State and inability to communicate in Arabic — European Convention on Human Rights, 1950, Article 8