Conflict of International Obligations and State Interests

ISBN-13: 9789401500357 / Angielski / Miękka / 1972 / 143 str.

Jung-Gun Kim; John M. Howell

Opis

This monograph is primarily addressed to the problem of avoidance, noncompliance or defiance of obligations related to international organiza tions by members and nonmembers. Structurally, it is a survey of the practices of uncooperative members and nonmembers set against a general statement of the norms of international organizations. Minor disruptions in international affairs evoke conflicts of inter national obligations and state interests. Today, when the problems are grave and the prospects for peace are gloomy, there is an urgent need for scholars and practitioners of international relations to study and reflect upon the implications of prolonged disregard of international obligations during a time in which international organizations are increas ing in numbers and in functions. To provide a systematic framework for this effort is a main purpose of this work. Although the whole range of international organizations provide illus trations of these conflicts, practices within the United Nations system have been the focus of the study. There is no pretense of having made a comprehensive study of every international organization nor is there any claim that the coverage of cases having pertinence to the subject matter goes beyond the minimum required to illustrate these problems. From the many cases available, only those which promised to have most relevance or to provide the best understanding of the conflicts of inter national obligations and state interests were included."

Spis treści

I. An Overview of the Problem.- II. Obligation of Compliance for Member and Nonmember States under the United Nations Charter.- III. Validity of the General Assembly Resolutions; an Inquiry.- IV. Reservations as Devices for Avoiding International Obligations.- V. Illustrations of Failure of Domestic Jurisdiction to Prevent an Increase in Obligations.- VI. Direct Intervention in Domestic Affairs by the United Nations.- VII. State Actions when Reliance on Reservations Fails.- VIII. The Middle East Case.- IX. The Cases of Indonesia, France and Cuba.- X. The Case of the People’s Republic of China.- XI. Appraisal.