Suchergebnisse

"Nothing can cause a law that is no longer in accord with custom to remain unamended. Nothing can eause a treaty to remain wholly valid once its purpose has altered. Nothing can cause an alliance to continue as it stands when the conditions in which it was created have changed."—General de Gaulle, on Feb. 21, 1966.The able American Ambassador to France, Charles E. Bohlen, has declared before a Senate Committee that the withdrawal of France from the NATO integrated commands was "probably the most serious event in European history since the end of the war." In weighing this assessment, one might well keep in mind de Tocqueville's reminder that "what we call essential institutions are often only the institutions to which we are accustomed." Yet there is little question that the French move was a significant development in postwar Europe. The purpose of this article is to explore some implications of this development for the international system and for the international legal order.

Aus US-amerikanischer Sicht

During the summer of 1953, two questions of political importance to the North Atlantic Treaty Organization were raised. According to press reports, some NATO members felt that the Council should discuss the questions of Germany and of the policy which the west should adopt if the Soviet Union proposed full withdrawal of all foreign troops from Germany as a prelude to reunification. The eventual agreement, if any were reached, was not made known, but press reports indicated that there were several obstacles to such a discussion: 1) the German Federal Republic was not a member of NATO; 2) the United States did not want to consider publicly alternatives to the European Defense Community; 3) France opposed direct entrance of the German Federal Republic into NATO; and 4)other NATO members felt that the work of the organization should be first in the military, and eventually in the economic social and cultural fields but not in the political-diplomatic field.

The United States occupation of Haiti — despite benevolent intentions — was a thinly-disguised military dictatorship. The official view of the Department of State that the numerous U. S. officials there were merely advisers to the legitimate Haitian government, acting in accordance with limitations prescribed by treaty, was a polite fiction. It deceived no one, particularly the large number of Haitians who resented foreign experiments in benevolent despotism in their land.The real ruler of Haiti, as the system had evolved by the pivotal year of 1928 — the last "normal" year before the political crisis which precipitated withdrawal — was General John H. Russell, United States Marine Corps, the U. S. High Commissioner. The nominal ruler, President Louis Borno, generally relied upon his U. S. advisers. In Russell's own words "[Borno] has never taken a step without first consulting me." When differences arose, usually as a result of pressures exerted on Borno by local politicians, General Russell was free to make appropriate concessions. But his will prevailed in any showdown conflict. The General was noted for his fairness, however, and his relations with Haitian officials were usually harmonious. Yet his military background, combined with his devotion to efficiency and economy, was not well-suited to preparing a dependent people for enlightened self-rule.

I. Statement of the Problem -- II. Jurists and Unilateral Denunciation -- Zouche -- Wolff -- Grotius -- Vattel -- Wildman -- Rivier -- Halleck -- Kent -- F. von Martens -- Calvo -- Bonfils -- Bello -- Cavaglieri -- Guggenheim -- Ross -- Liszt -- Bluntschli -- Sauer -- Spiropoulos -- Schwarzenberger -- Fauchille -- Rousseau -- Anzilotti -- Verdross -- Fenwick -- Dupuis -- Axell Moller -- Fiore -- Wheaton -- Moore -- Pitt Cobbett -- Hall -- Crandall -- Oppenheim -- Hyde -- Brierly -- McNair -- Fitzmaurice -- Korovin -- The Harvard Research in International Law -- The American Law Institute -- The United Nations International Law Commission -- Conclusion -- III. Judges and Unilateral Denunciation -- The Tacna Arica Case -- The Diversion of Water from the Meuse Case -- Ware v. Hylton -- In re Thomas -- Hooper v. The United States -- The Chinese Exclusion Case -- Terlinden v. Ames -- Charlton v. Kelly -- The Blonde and Other Ships Case -- In re Lepeschkin -- Attorney-General of the Court of Appeal of Brussels v. Aron -- In re Totarko -- Security for Costs (Switzerland) Case -- Conclusion -- IV. Private Law Analogy and Unilateral Denunciation -- French Law -- German Law -- Other Continental and Latin American Legal Systems -- English Law -- American Law -- Indian Law -- Soviet Law -- Islamic Law -- Japanese Law -- Chinese Law -- Conclusion -- V. Related Problems -- Pacta Sunt Servanda and Unilateral Denunciation -- Unilateral Denunciation and Unanimity Rule -- The Rule of Extinctive Prescription and Unilateral Denunciation -- A Violated Treaty — Void or Voidable ? -- The Limitation of Substantial Breach -- The Principle of Severability of Provisions -- Unilateral Denunciation and Law-Making Treaty -- The Concept of the Rule of Law and Unilateral Denunciation -- The Sanction of What is Proper and Public Opinion -- VI. Practice of States and Unilateral Denunciation -- The Anglo-American Treaty of Peace of 3 September 1783 -- The Franco-American Treaties, 1778–1790 -- The Ancient Anglo-Spanish Treaties -- Convention between Great Britain, the Netherlands and Russia, 19 May 1815 -- The Russo-British Convention of 16 November 1831 -- The Declaration of Paris of 1856 -- The Anglo-Transval Boers Agreement of 1852 -- The Treaty of 11th May 1867 on the Neutrality of Luxemburg -- The Treaty of London of 1839 on the Neutrality of Belgium -- The Treaty of Paris of 1856 -- The Anglo-Uruguayan Postal Agreement of 28 November 1853 -- The Anglo-Honduran Agreement of 27 August 1856 -- The Proposed Anglo-American Treaty of Extradition of 1876 -- The Anglo-American Treaty of Extradition of 9 August 1842 -- The Clayton-Bulwer Treaty of 19 April 1850 -- The Sino-American Treaties, 1844–1880 -- Reciprocal Trade Agreements between the U.S.A. and Other States -- The Italo-American Extradition Conventions of 8 February 1864 & 1884 -- The Russo-American Treaty of Commerce and Navigation, 1832 -- The Fifth Treaty of the Triple Alliance, 5 December 1912 -- The Prusso-American Treaty of Commerce and Navigation, 1828 -- The Japanese-American Agreement of 1907–08 -- Statute of the Permanent Court of International Justice -- Treaty for the Renunciation of War (Briand-Kellog Pact), 1928 -- Treaty of Friendship, Commerce and Consular Rights between Germany and the United States, 8 December 1923 -- The Versailles Treaty, 28 January 1919 -- The Locarno Treaty, 16 October 1925 -- The Anglo-Guatemalan Treaty of 1859 -- The International Load Line Convention, 5 July 1930 -- The Munich Agreement, 29 September 1938 -- The Soviet-Yugoslav Treaty, February 1948 -- Yugoslav-Albanian Treaties -- The Hungaro-Yugoslav Treaty of 24 July 1947 -- The Soviet-Yugoslav Treaty of Friendship, 11 April 1945 -- The Polish-Yugoslav Treaty of Friendship, 18 March 1946 -- The Hungaro-Yugoslav Treaty of Friendship, 8 December 1947 -- Bulgar-Yugoslav Treaties -- The Czechoslovak-Yugoslavian Treaty of 9 May 1946 -- Albano-Yugoslav Treaty of Friendship, 9 July 1946 -- The Anglo-Egyptian Treaty of Friendship and Alliance, 12 August 1936 -- The Anglo-Egyptian Conventions of 1899 on the Sudan -- The Italian Peace Treaty, 10 February 1947 -- The Sino-Soviet Treaty of 24 August 1945 -- The Soviet-British Treaty of Alliance of 1942 and the Franco-Soviet Treaty of Alliance of 1944 -- The Anglo-Egyptian Treaty on the Suez Canal Base, 1954 -- The Quadripartite Agreements of 1944 and 1945 on Berlin. -- Agreement Relative to the Withdrawal of Offensive Weapons from Cuba, October 1962 -- Treaty on a Partial Test Ban, July 1963 -- Conclusion -- VII. Discussions Relative to Unilateral Denunciation in International Organisations and Conferences -- The Danube Convention and Conference -- The Palestine Armistice Agreements, 1949 -- The Korean Armistice Agreement of 1953 -- Conclusion -- VIII. Conclusions -- Selected Bibliography.

Treaties — Termination of — Withdrawal from Treaty — General Agreement on Tariffs and Trade.Treaties — Conclusion of — Contracting Party — Meaning of — Withdrawal from Treaty — General Agreement on Tariffs and Trade, 1947.

Reviews withdrawal of French military forces from NATO, expulsion of allied forces from France, and ensuing European security crisis. ; Record is based on bibliographic data in CIS US Congressional Committee Hearings Index. Reuse except for individual research requires license from Congressional Information Service, Inc. ; Indexed in CIS US Congressional Committee Hearings Index Part VIII ; Reviews withdrawal of French military forces from NATO, expulsion of allied forces from France, and ensuing European security crisis. ; Mode of access: Internet.

Considers problems of strengthening NATO after France's withdrawal. ; Record is based on bibliographic data in CIS US Congressional Committee Hearings Index. Reuse except for individual research requires license from Congressional Information Service, Inc. ; Indexed in CIS US Congressional Committee Hearings Index Part VIII ; Considers problems of strengthening NATO after France's withdrawal. ; Mode of access: Internet.

Nationality — Naturalization — Effect on eligibility for naturalization of claim by resident alien to draft exemption pursuant to treaty provisions — Effect of withdrawal of claim and subsequent military service — The law of the United States of America.

International Tribunals — Miscellaneous — The Law Applicable — Court of Justice of the European Coal and Steel Community — The Law of Member States — Apparent Gap in Treaty — Comparative Study of Relevant Systems of Law.International Organization — European Coal and Steel Community — Institutions of — Powers and Autonomy of — Grading and Appointments under Staff Code — Illegal Decisions — Withdrawal of — Decisions Illegal in Part — Severability — Abuse of Power — The Law Applied by the Court — The Law of Member States — Apparent Gap in Treaty — Comparative Study of Relevant Systems of Law