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N E W S L E T T E R
Vol. 2, Issue 2, 2004
Editor: Dr. Miltiadis Sarigiannidis | EDITORIAL
Resolution 1530 (2004), Adopted by the Security Council at its 4923rd meeting, on11 March 2004
The Security Council,
Reaffirming the purposes and principles of the Charter of the United Nations and its relevant resolutions, in particular its resolution 1373 (2001) of 28 September 2001,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,
1. Condemns in the strongest terms the bomb attacks in Madrid, Spain, perpetrated by the terrorist group ETA on 11 March 2004, in which many lives were claimed and people injured, and regards such act, like any act of terrorism, as a threat to peace and security;
2. Expresses its deepest sympathy and condolences to the people and Government of Spain and to the victims of the terrorist attacks and their families;
3. Urges all States, in accordance with their obligations under resolution 1373 (2001), to cooperate actively in efforts to find and bring to justice the perpetrators, organizers and sponsors of this terrorist attack;
4. Expresses its reinforced determination to combat all forms of terrorism, in accordance with its responsibilities under the Charter of the United Nations. | NEWS Book Review  Philip Allott, The Health of Nations: Society and Law Beyond the State, Cambridge: Cambridge University Press, 2002.
"The human world is changing. Old social structures are being overwhelmed by forces of social transformation which are sweeping across political and cultural frontiers. A social animal is becoming the social species. The animal that lives in packs and herds (family, corporation, nation, state...) is becoming a member of a human society which is the society of all human beings, the society of all societies." "The age-old problems of social life - religious, philosophical, moral, political, legal, economic - must now be addressed at the level of the whole species, at the level where all cultures and traditions meet and will contribute to an exhilarating and hazardous new form of human self-evolving." In this book Philip Allott explores the social and legal implications and potentialities of these developments in the light of the general theory of society and law which is proposed in his groundbreaking Eunomia: New Order for a New World. Buy the book | The Hispanic Challenge, by Samuel Huntington
The persistent inflow of Hispanic immigrants threatens to divide the United States into two peoples, two cultures, and two languages. Unlike past immigrant groups, Mexicans and other Latinos have not assimilated into mainstream U.S. culture, forming instead their own political and linguistic enclaves-from Los Angeles to Miami-and rejecting the Anglo-Protestant values that built the American dream. The United States ignores this challenge at its peril.
More...Reconceptualizing Treaty Consent, by Paul F. Diehl
In his classic statement, James Brierly argued that international law arises from the consent of nations. With respect to whether a state consents to a treaty, the traditional conceptualization is a binary one: the state is either a party to the treaty or it is not. The Vienna Convention on the Law of Treaties is reflective of this dichotomous classification, and the United Nations system for the deposit of ratification instruments is public affirmation of those who consent to the treaty and those who are not. In the aggregate, the number of states that are party to a treaty is often used to gauge the breadth of acceptance of a given agreement or the norms embedded in it; much has been made of the fact that over 180 states are parties to the Nuclear Non-Proliferation Treaty (NPT) while at the same time noting the number of nuclear capable states (e.g., India, Pakistan) who have not ratified the agreement.
More... The Use and Abuse of the International Court of Justice: Cases Concerning the Use of Force After Nicaragua, by Christine Gray
A majority of the contentious cases brought to the International Court of Justice in recentyears have involved questions of the legality of the use of force. This is a dramatic change in the subject matter of the Court's cases; Is it a dangerous development for the Court? In the Nicaragua case the USA argued strongly that such disputes were non-justiciable, but the Court summarily rejected its arguments. The first part of this article considers how far defendant states have subsequently challenged admissibility and jurisdiction in cases involving the use of force. Despite the rejection of the US arguments in the Nicaragua case, several states have reverted to these; this article considers whether their use by states which are not members of the Security Council may be more acceptable than by the USA. The second part of this article focuses on provisional measures. It discusses whether the significant increase in the number of requests for provisional measures shows the emergence of a special regime in cases involving the use of force, and examines the divisions within the Court as to whether there should be a modification of the normal requirements for an indication of provisional measures. It concludes by considering the view the Court has taken of its role as the principal judicial organ of the UN and of its relationship to the Security Council in cases involving the use of force.
More... The Emerging International Aristocracy, by Philip Allott
Our task is to perform the anatomy of a body politic, namely, of the body politic formerly known as liberal democracy-a body politic, a corpus politicum, which is also a corpus delicti, a victim. The operation is thus necessarily an anatomy of melancholy.1 It will be a postmortem, a biopsy, and a birth. We must first endeavour to discover the cause of the death of the idea of liberal democracy. We must then analyse our experience of a postdemocratic social reality whose essential characteristic is oligarchy. Finally, we must face a new global social reality, the total social reality, a reality dominated by a new version of an age-old social phenomenon, an emerging inter-national aristocracy, an oligarchy of oligarchies. It is a new reality that challenges us to bring into existence a new idea of the body politic.
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