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Allocation of Law Enforcement Authority in the International System

Proceedings of an International Symposium of the Kiel Institute of International Law March 23 to 25, 1994

Editors: Delbrück, Jost

Veröffentlichungen des Walther-Schücking-Instituts für Internationales Recht an der Universität Kiel, Vol. 117

(1995)

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Abstract

The 1994 symposium of the Kiel Institute of International Law, the papers and proceedings of which are hereby made available to the public, takes up not only the general theme of the 1989 conference, i.e. »Strengthening the World Order: Universalism v. Regionalism. Risks and Opportunities of Regionalization«, but also continues the discussions pursued during the 1992 symposium entitled "The Future of International Law Enforcement. New Scenarios - New Law?" The 1994 symposium also continues the now established tradition of bringing together international legal scholars from the United States, on the one hand, and Germany and other European countries, on the other hand. The Institute is strongly convinced that the transatlantic dialogue on the burning issue of strengthening the international legal order as part of an emerging »New World Order« is essential. It was all the more regrettable that for purely accidental reasons the participation, on the European side, by colleagues invited from Poland and other Central and East European countries could not materialize. The focal point of the 1994 symposium was the question as to whether and to what extent the United Nations as a law enforcement agency can be supplemented by regional arrangements/organizations and the state as a law enforcement agent in the international public interest.

Table of Contents

Section Title Page Action Price
Foreword 5
Contents 7
Abbreviations 8
Marianne Tidick: Address 11
Jost Delbrück: Address 13
Paul C. Szasz: Centralized and Decentralized Law Enforcement: The Security Council and the General Assembly Acting under Chapters VII and VIII 17
I. Some Observations on Methodology 17
II. Actions of the Security Council under Chapters VII and VIII 19
1. Actions Explicitly Provided for in Chapters VII and VIII 19
a) Finding Threats to the Peace 22
b) Economic Sanctions 25
c) Military Measures 27
2. Additional Actions of the Security Council under Chapter VII 31
III. Actions of the General Assembly under Chapters Vll and Vlll 34
IV. Functions of the Secretary-General under Chapter VII 37
Fred L. Morrison: The Role of Regional Organizations in the Enforcement of International Law 39
I. lntroduction 40
II. History 41
1. The Formation of the Charter 41
2. The Cold War 42
3. The New Order 43
III. The Legal Analysis 43
1. A Definition 43
2. Basic Principles 45
a) The Sovereign Equality of States 45
b) The Role of International Organizations 46
c) The Difficulty of Establishing New Regional International Law 47
d) The Effect of Treaties 47
3. The Charter Rules 48
IV. Specific lssues 52
V. Conclusions 55
Klaus Dicke: Comment 57
Discussion 64
Torsten Stein: Decentralized International Law Enforcement: The Changing Role of the State as Law Enforcement Agent 107
I. Introduction 107
II. \"Collective\" and \"Individual\" v. \"Centralized\" and \"Decentralized\" Enforcement 107
III. Means of International Law Enforcement 110
IV. The Allocation of Means of Law Enforcement to the Various Actors 114
V. Do States Have to Engage in \"Decentralized\" Law Enforcement? 119
VI. Centralized \"Command and Control\" over Dezentralized Law Enforcement? 123
VII. Concluding Remarks 126
Mary Ellen O’Connell: Comment 127
Jost Delbrück: The Impact of the Allocation of International Law Enforcement Authority on the International Legal Order 135
I. lntroduction 135
II. The International Legal Order from the Pre-mid 1980s Perspective - The Allocation and Scope of International Law Enforcement Authority in Particular 137
1. The Overall Perception of International Law and the International System Prior to the Mid-1980s 138
2. The Impact of the Modem Perceptionof the International Legal Order on Some Major Institutionsand Principles of International Law 142
III. The Post Cold War Period: The Changing Socio-Political and Legal Environment for the Allocation of International Law Enforcement Authority 148
1. The international Lawmaking Process 149
2. The Allocation of International Law Enforcement Authority and the Principle of Non-Intervention 151
3. The Scope of the International Law Enforcement Authority 155
IV. Tentative Conclusions 157
Discussion 159
List of Participants 197