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Will "Justice" Bring Peace?
International Law â Selected Articles and Legal Opinions
Author:
The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General.
The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
Yehuda Z. Blum (M.Jur., Ph.D., Dr. Jur. h.c.) is Hersch Lauterpacht Chair in International Law (Emeritus), The Hebrew University, Jerusalem.
INTRODUCTION
PART I â SELECTED ARTICLES
United Nations Membership and Representation
1. UN Membership of the âNewâ Yugoslavia: Continuity or Break?
2. Was Yugoslavia a Member of the United Nations in the Years 1992-2000?
3. Consistently Inconsistent: The International Court of Justice and the Former Yugoslavia (Croatia v. Serbia)
4. Russia Takes Over the Soviet Unionâs Seat at the United Nations
Composition of the United Nations Security Council
5. Sauter pour mieux reculer: The Security Councilâs New Look
6. Proposals for Security Council Reform
Procedural Matters at the United Nations
7. UN General Assembly Meetings Held Outside New York
Use of Force
8. The Beirut Raid and the International Double Standard. A Reply to Professor Richard A. Falk
9. State Response to Acts of Terrorism
10. Economic Boycotts in International Law
The Arab-Israel Conflict
11. The Missing Reversioner: Reflections on the Status of Judea and Samaria
12. The Juridical Status of Jerusalem
13. Operation Kadesh: A Legal Perspective
14. From Camp David to Oslo
15. The Evolution of Israelâs Boundaries
Miscellaneous
16. Israel and the United Nations: A Retrospective Overview
17. Privileges and Immunities of United Nations Officials in Israel
18. The Ratification of Treaties in Israel
19. Israel Marriage Law and Human Rights
20. De Facto Recognition and Diplomatic Immunities
21. Reflections on the Changing Concept of Self-Determination
22. Extradition: A Common Approach to the Control of International Terrorism and Traffic in Narcotic Drugs
23. The Gulf of Sidra Incident
24. The Role of Equity in International Law
25. On the Restitution of Jewish Cultural Property Looted in World War II
PART II â SELECTED LEGAL OPINIONS
Diplomatic Law
(a) General Problems
1. Appointment of Israeli Resident as Foreign Diplomat in Israel (Costa Rica)
2. Testimony by Israeli Diplomat in a Local Nigerian Court
3a. Priviliges and Immunities of Local Employee of the Austrian Embassy in Israel (Dr. Hans Kadisch) â 1.
3b. Priviliges and Immunities of Local Employee of the Austrian Embassy in Israel (Dr. Hans Kadisch) â 2.
4. What Is a âDiplomatic Aircraftâ?
5. Haitian National as Technical Employee at US Embassy in Israel
6. Appointment of Consular Officer as Chargé des Affaires (Costa Rica)
7. Special Diplomatic Relations without De Jure Recognition (Israel-Iran)
8. Relations with Non-Recognized Government (Togoâs Independence Day Reception)
(b) Taxation Problems
9. Payment on Delivery of Diplomatic Bag (Ecuador)
10. Upper Volta Demands Income Tax from Israeli Expert
11. Do Diplomats Have to Pay Foreign Travel Tax? (Ecuador)
Consular Law
(a) General Problems
12. Israel Consul in Los Angeles as Plaintiff in Civil Proceedings
13. Consular Activities outside the Consulateâs Area of Jurisdiction (India)
14. How Many Honorary Consuls of Panama in Israel?
(b) Taxation Problems
15. Honorary Consul of Denmark in Israel â Exemption from Foreign Travel Tax
16. Tax Exemptions of Honorary Consul-General in Israel (Honduras)
17. Request for Customs Exemption for Italian Consular Car in Haifa
18. The United Kingdom Consulate in Haifa â Request for Exemption from Stamp Duty
Israel - Germany
19. Status of Israel Mission in Cologne on Conclusion of the Israel-Germany Shilumim [Reparations] Agreement
20. Ben Gurion-Adenauer Meeting in New York (Oral Agreement on German Economic Assistance to Israel?)
Israel - European Economic Community
21. Does the Trade Agreement between Israel and the European Economic Community Require Ratification?
22. Do the Israeli Signatories of the Israel-EEC Trade Agreement Require Full Powers?
United Nations
23. Raising the Israeli Flag on Mount Scopus
24. Loss of Voting Rights in the UN General Assembly of a Member in Default of its Payments
25. South Africaâs Withdrawal from the International Labour Organization (ILO)
International Air Transport Association
26. Membership of âGermanyâ in IATA Convention (1929)
APPENDIX
Letter addressed to the Secretary-General on Anti-Semitism at the United Nations
PART I â SELECTED ARTICLES
United Nations Membership and Representation
1. UN Membership of the âNewâ Yugoslavia: Continuity or Break?
2. Was Yugoslavia a Member of the United Nations in the Years 1992-2000?
3. Consistently Inconsistent: The International Court of Justice and the Former Yugoslavia (Croatia v. Serbia)
4. Russia Takes Over the Soviet Unionâs Seat at the United Nations
Composition of the United Nations Security Council
5. Sauter pour mieux reculer: The Security Councilâs New Look
6. Proposals for Security Council Reform
Procedural Matters at the United Nations
7. UN General Assembly Meetings Held Outside New York
Use of Force
8. The Beirut Raid and the International Double Standard. A Reply to Professor Richard A. Falk
9. State Response to Acts of Terrorism
10. Economic Boycotts in International Law
The Arab-Israel Conflict
11. The Missing Reversioner: Reflections on the Status of Judea and Samaria
12. The Juridical Status of Jerusalem
13. Operation Kadesh: A Legal Perspective
14. From Camp David to Oslo
15. The Evolution of Israelâs Boundaries
Miscellaneous
16. Israel and the United Nations: A Retrospective Overview
17. Privileges and Immunities of United Nations Officials in Israel
18. The Ratification of Treaties in Israel
19. Israel Marriage Law and Human Rights
20. De Facto Recognition and Diplomatic Immunities
21. Reflections on the Changing Concept of Self-Determination
22. Extradition: A Common Approach to the Control of International Terrorism and Traffic in Narcotic Drugs
23. The Gulf of Sidra Incident
24. The Role of Equity in International Law
25. On the Restitution of Jewish Cultural Property Looted in World War II
PART II â SELECTED LEGAL OPINIONS
Diplomatic Law
(a) General Problems
1. Appointment of Israeli Resident as Foreign Diplomat in Israel (Costa Rica)
2. Testimony by Israeli Diplomat in a Local Nigerian Court
3a. Priviliges and Immunities of Local Employee of the Austrian Embassy in Israel (Dr. Hans Kadisch) â 1.
3b. Priviliges and Immunities of Local Employee of the Austrian Embassy in Israel (Dr. Hans Kadisch) â 2.
4. What Is a âDiplomatic Aircraftâ?
5. Haitian National as Technical Employee at US Embassy in Israel
6. Appointment of Consular Officer as Chargé des Affaires (Costa Rica)
7. Special Diplomatic Relations without De Jure Recognition (Israel-Iran)
8. Relations with Non-Recognized Government (Togoâs Independence Day Reception)
(b) Taxation Problems
9. Payment on Delivery of Diplomatic Bag (Ecuador)
10. Upper Volta Demands Income Tax from Israeli Expert
11. Do Diplomats Have to Pay Foreign Travel Tax? (Ecuador)
Consular Law
(a) General Problems
12. Israel Consul in Los Angeles as Plaintiff in Civil Proceedings
13. Consular Activities outside the Consulateâs Area of Jurisdiction (India)
14. How Many Honorary Consuls of Panama in Israel?
(b) Taxation Problems
15. Honorary Consul of Denmark in Israel â Exemption from Foreign Travel Tax
16. Tax Exemptions of Honorary Consul-General in Israel (Honduras)
17. Request for Customs Exemption for Italian Consular Car in Haifa
18. The United Kingdom Consulate in Haifa â Request for Exemption from Stamp Duty
Israel - Germany
19. Status of Israel Mission in Cologne on Conclusion of the Israel-Germany Shilumim [Reparations] Agreement
20. Ben Gurion-Adenauer Meeting in New York (Oral Agreement on German Economic Assistance to Israel?)
Israel - European Economic Community
21. Does the Trade Agreement between Israel and the European Economic Community Require Ratification?
22. Do the Israeli Signatories of the Israel-EEC Trade Agreement Require Full Powers?
United Nations
23. Raising the Israeli Flag on Mount Scopus
24. Loss of Voting Rights in the UN General Assembly of a Member in Default of its Payments
25. South Africaâs Withdrawal from the International Labour Organization (ILO)
International Air Transport Association
26. Membership of âGermanyâ in IATA Convention (1929)
APPENDIX
Letter addressed to the Secretary-General on Anti-Semitism at the United Nations
All interested in International Law, International Relations, Conflict & Security Law, and Diplomacy.