California Western School of Law

Saario, V. Voitto

Cass, Rosemary Higgins

English

The United Nations and the International Protection of Human Rights: A Legal Analysis and Interpretation

Izenstark, Susan R.

Genetic Manipulation: Research Regulation and Legal Liability Under International Law

Neff, Stephen C.

An Evolving International Legal Norm of Religious Freedom: Problems and Prospects

Jhabvala, Farrokh

The Credentials Approach to Representation Questions in the U.N. General Assembly

International Law Journal, California Western

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 7 SUMMER 1977 NUMBER 3
CONTENTS
ARTICLES
An Evolving International Legal Norm of Religious
Freedom: Problems and Prospects
Stephen C. N eff ............................................................. 543
Exploring the concept of freedom of religion and the lack of a precise
definition in this area, the author begins with an historical analysis and
proceeds to discuss the various methods the international legal community
has evolved to foster the goal of religious freedom. Further discussion
centers around post-World War II developments in the area of religious
discrimination, and the United Nations' "universalistic" approach as ex-
pounded in the preliminary draft of the Declaration on the Eliminaton of
all Forms of Religious Intolerance. The article concludes with comments
concerning the future of religious freedom.
The United Nations and The International Protection
of Human Rights: A Legal Analysis
and Interpretation
V. Voitto Saario and Rosemary Higgins Cass ....................... 591
Analyzing the relationship between human rights and international
agreements, the authors discuss the modern origins for the international
protection of human rights, the development of this concept by the United
Nations, and implementation and enforcement problems encountered
under existing international law. The conclusion includes a proposal for
the establishment of an international court with compulsory jurisdiction to
protect human rights.
The Credentials Approach to Representation Questions in
the United Nations General Assembly
Farrokh Jhabvala ........................................................... 615
Taking the position that "rules" regarding representation of a state in
the United Nations General Assembly involve political decisions by mem-
ber states, the author attempts to clarify some of the issues and controver-
sies involved. The author concludes that the recognition accorded to states
and governments in the United Nations is linked to representation in the
General Assembly. The need for settled rules in this sensitive area of
dealing with the relationships between states and international organiza-
tions is emphasized.
COMMENTS
International Aspects of the Tuna-Porpoise Association
Phenomenon: How Much Protection for
Poseidon's Sacred Messengers?
Margaret Palmer Gordon ................................................. 639
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1977
Alfred Dunhill of London, Inc. v. Republic of Cuba:
Act of State Doctrine-Altering
the Sovereign's New Cloak
Steven P. M aier .............................................................. 662
BOOK REVIEWS
The Future of the International Court of Justice
Edited by Gross
S. H ouston L ay .............................................................. 686
Essays on International Law in Honor of Krishna Rao
Edited by Nawaz
D ennis W . A rrow ........................................................... 690
BOOK S RECEIVED ......................................................... 692
CUMULATIVE INDEXES, VOLS. 6-7 ................................ i
Cite as 7 CALIF. W. INT'L L.J. 000 (1977)
The CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL is published three times
annually at the California Western School of Law, San Diego, California 92101.
Subscription price is $9.00 per year, $11.00 foreign, $3.50 for single issues. Com-
plete sets of back volumes are available.
Subscriptions are renewed automatically unless timely notification to the contrary is
received from the subscriber. Address all communications to the CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL, 350 Cedar Street, San Diego, California 92101, U.S.A.
© 1977 by California Western School of Law
xxiii
2
California Western International Law Journal, Vol. 7, No. 3 [1977], Art. 7
https://scholarlycommons.law.cwsl.edu/cwilj/vol7/iss3/7


Sanborn, McCleary H., III

Standing Before the International Court of Justice: The Question of Palestinian Statehood Exemplifies the Inconsistencies of the Requirement of Statehood

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 7 SPRING 1977 NUMBER 2
CONTENTS
ARTICLES
International Commercial Arbitration and the Conflict
Laws: A Comparison of Recent Developments
Peter S. Sm edresm an ....................................................... 263
Using a chronology of arbitration as the vehicle with which to com-
pare the developing issues within the conflicts aspects of international
commercial arbitration, the author thoroughly develops the thesis that,
given the uncertainties, handicaps and apprehension occasioned when a
conflict of laws originates from international trade disputes: 1) Arbitration
is the preferred technique for dispute settlement in international trade, and
is a useful institution warranting encouragement as a matter of legal
policy, and 2) Conflicts techniques offer the only satisfactory methodol-
ogy toward understanding the more complex legal problems raised in
international commercial arbitration. The study focuses principally upon
the United States, the United Kingdom, and on the International Chamber
of Commerce, and develops the alternative of arbitration to litigation in
foreign courts with a keen emphasis upon the development of ethical
canons, and the attendent maturation of international law, in the interna-
tional-trade arena.
The Effects of Interim Measures of Protection in the
International Court of Justice
C . H . C rockett ............................................................... 348
Detailing the problematics manifested by the imposition of interim
measures of protection by the International Court of Justice, the author
explores the relevant factors and accompanying considerations pertaining
to the exercise of the Court's power under article 41 of the Statute of
International Court of Justice. The article sharpens the unresolved issue of
whether interim measures of protection are binding legally, morally or
otherwise. Attitudes and effects associated with case law developed by
the Permanent Court and the International Court of Justice illustrate the
continuing debate relating to the stature and political responsibilities at-
tending Court preclusion of a finding that interim measures impose a legal
duty of compliance.
The EEC United Brands Decision: Can Chiquita Banana Find
Happiness in Europe?
G eorge S. Swan .............................................................. 385
Using the UBC decision of the European Commission of the Euro-
pean Economic Community as a focal point, the author illuminates the
emerging aggressiveness of the Commission in regulating competitive
economic practices. The European Commission's action against the
United Brands Company for violation of the antitrust controls of article 86
of the Rome Treaty heralds an ominous court battle in the European Court
of Justice; where, in the past, omnipotent corporations have been able to
skirt the sanctions of the European Commission. Armed with a developed
article 86, the Commission has shown creative and energetic enforcement
of antitrust law which, the author hopes, will not be disturbed.
1
International Law Journal: Table of Contents
Published by CWSL Scholarly Commons, 1977
Emerging Common Market Antitrust Enforcement
Trends: A Survey
A lexander W . Sierck ........................................................ 418
Focusing upon Common Market antitrust law embodied in articles 86
and 87 of the Treaty of Rome, the author surveys antitrust objectives,
enforcement mechanisms, and policy planning in likely areas of present
and possible future antitrust vulnerability. The article is particularly help-
ful in analyzing Common Market antitrust enforcement trends as they
effect United States business, using recent studies concerning the com-
petitive behavior of the major oil companies to reveal problem areas.
Discussion revolves around the Commission of the European Com-
munities and its response to the scope of the prohibition in article 85
against restrictive concerted practices, the prohibition under article 86
against a firm's abuse of its dominant position, and the proposed regula-
tion of the control of mergers. The author sums up his analysis by assert-
ing the Commission's approaching maturity in enforcement policy, thus
preparing itself for battle with more sophisticated "second generation"
policy development, particularly logistical problems of information access
and data reduction.
COMMENTS
Standing Before the International Court of Justice:
The Question of Palestinian Statehood Exemplifies
the Inconsistencies of the Requirement of Statehood
McCleary H. Sanborn, III ................................................ 454
Day, Evangelinos, and Martinez Hernandez:
Embarking on an Interpretation of
Article 17 of the Warsaw Convention
Richard David H endlin .................................................... 473
The United States' Nuclear First Strike Position:
A Legal Appraisal of its Ramifications
W illiam G . L ee ............................................................... 508
BOOK REVIEW
The Constitution and the Conduct of Foreign Policy
Edited by Francis D. Wilcox and Richard A. Frank
John S . A dler ................................................................. 526
BOO K S RECEIV ED ......................................................... 534
Cite as 7 CALIF. W. INT'L L.J. 000 (1977)
The CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL is published three times
annually at the California Western School of Law, San Diego, California 92101.
Subscription price is $9.00 per year, $11.00 foreign, $3.50 for single issues. Com-
plete sets of back volumes are available.
Subscriptions are renewed automatically unless timely notification to the contrary is
received from the subscriber. Address all communications to the CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL, 350 Cedar Street, San Diego, California 92101, U.S.A.
© 1977 by California Western School of Law
xv
2
California Western International Law Journal, Vol. 7, No. 2 [1977], Art. 1
https://scholarlycommons.law.cwsl.edu/cwilj/vol7/iss2/1


Yasgoor, Stuart Jay

Comparative Negligence Sails the High Seas: Have the Recovery Rights of Cargo Owners Been Jeopardized?

Crockett, C. H.

The Effects of Interim Measures of Protection in the International Court of Justice

Hendlin, Richard David

Day, Evangelinos, And Martinez Hernandez: Embarking on an Interpretation of Article 17 of the Warsaw Convention