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The present volume inaugurates a new series, The Judges , which collects & synthesizes the opinions of leading international judges of the contemporary era who have contributed significantly to the progressive development of international law. The series is launched with the Judicial Opinions of Shigeru Oda, currently Vice President of the International Court of Justice. The collection of Opinions covers the period from Judge Oda's first election to the International Court in the Autumn of 1975, on to the year 1992. All of the individual Opinions filed by Judge Oda in this period Separate Opinions, Declarations & Dissenting Opinions are included, & they are published in full, without editorial cuts. An introductory essay examines the diverse educational & professional influences contributing to Judge Oda's formation as a jurist, from his earliest university years in Japan & in the United States, through his subsequent professional career in universities & government service & at international academic-scientific & diplomatic reunions over the years. The study includes a resume & analysis of Judge Oda's Judicial Opinions, through the cases, & attempts some identification & synthesis of the main elements in his approach to decision making & opinion writing, as well as the main strands in his judicial philosophy, as demonstrated in the actual case law.
The authors examine regional cooperation among neighboring countries in the area of regional public goods. These public goods include water basins (such as lakes, rivers, and underground water), infrastructure (such as roads, railways, and dams), energy, and the environment. Their analysis focuses on developing countries and the potentially beneficial role that international organizations and regional integration may play in bringing the relevant countries to a cooperative equilibrium. A major problem in reaching a cooperative solution is likely to be the lack of trust. If neighboring countries do not trust each other because of past problems, they may fail to reach a cooperative solution as each tries to maximize its gain from the regional public good. These strategies typically do not account for spillover effects and ultimately leads to losses for all parties. Other constraints on reaching a cooperative solution are its complexity and the financial requirements. Two types of institutions may help resolve some or all of these problems. International organizations can help with trust, expertise, and financing. The United Nations and the World Bank have been involved in a number of such projects in Africa, Asia, and elsewhere, and have been successful in helping parties reach cooperative solutions. Regional integration agreements, though not necessary for regional cooperation, may also be helpful by embedding the negotiations on regional cooperation in a broader institutional framework. The authors examine these issues with the support of both analysis and a number of case studies.
In this book, Miles Kahler examines both global and regional institutions and their importance in the world economy. Kahler explains the variation in these institutions and assesses the role they play in sustaining economic cooperation among nations.
phase two spanned the time from the late 1930's to about 1950 (Sohn's period III and Yalem's periods II and III). The literature produced during these years revealed an ambivalent reaction toward the apparent inability of international organizations, particularly the League of Nations, to control violence or contribute to the solution of conflicts among major powers. The advocates of a world state saw vindicated their position that an even stronger tmiversal supranational authority was required to assure the repression or deterrence of international aggression. However, the 'realist' position, laying claim to greater scientific validity, argued 'the inlportance of political and ideo logical conflicts as barriers to international cooperation' (Yalem, 1966: 2). The excellent analysis by Ronald Rogowski (1968) shows how the twin positions of 'idealism' and 'realism' proceed from an identical paradigm of world politics: a nation-state system with little or no integrative superstructure. They differ, however, in their epistemological outlook. The realists display a positivistic standpoint: taking the inter national system and its premise, power politics, as unalterable givens, they inquire into the feasibility of international organization under these circumstances. The idea lists adopt what one might call a critical approach toward social analysis: they do not deny the positive validity of the realists' fmdings, but they reject the notion that power politics is an mlalterable impediment.
In this thoughtful & meticulously researched book, Professor Blum makes a major contribution to the exposure of an important aspect of UN practice. He adds to his academic analysis the insight provided by his years as his country's Ambassador at the UN, & provides the reader with a fascinating & well-written argument. The book reflects events & developments that took place prior to the summer of 1990, during the period marked by global confrontation between the two major power blocs of those days. That confrontation found one of its strongest expressions in the United Nations, & was largely responsible for the deterioration of the legal-constitutional climate within the UN. With the end of that confrontation, as a result of the collapse of the former Soviet bloc & the disintegration of the Soviet Union itself, a new climate of parliamentary cooperation within the United Nations has come about. Consequently, there would now appear to exist a real prospect - perhaps for the first time since the establishment of the Organization - for a reconsideration of at least some of the practices that developed over the years within the cold war context, & which constitute a departure from the legal-constitutional requirements laid down by the Charter. It is in this spirit this book is offered to the reader's attention.