Allocation of Law Enforcement Authority in the International System
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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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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 |