Fourth Report on Jurisdictional Immunities of States and Their Property

This is the fourth of a series of reports on the topic of jurisdictional immunities of States and their property, prepared and submitted by the Special Rapporteur for consideration and deliberation by the International Law Commission. The series was preceded by an earlier study presented by the Working Group on the topic in July 1978 in the form of an exploratory report

The Process of Peace-Making Following Operation \u27Desert Storm\u27

On August 2, 1990, the whole world witnessed an unprecedented event in modern history, the unprovoked invasion of Kuwait by Iraqi armed forces. The invasion itself was historic in the sense that in this day and age it was still possible for one militarily powerful Asian Arab State to invade and overrun its relatively weaker sister State and to proceed to declare its annexation without fear of adverse reactions from the international community. That the Iraqi leaders miscalculated United States reactions and subsequent world-wide repercussions no one could today gainsay. Nor indeed could anybody deny Iraq\u27s overestimation of its own military might. But what actually transpired went well beyond Iraq\u27s nightmare. The series of continuing counter-measures in the form of corrective, punitive and remedial sanctions, adopted by the Security Council of the United Nations from the earliest stage of hostilities until today could not have been foreseen by any nation, Iraq included. In attempting an analytical exploration of the legal aspects the operations taken under the authority of the Security Council and the inevitable peace-making process, it would appear highly practical and useful to take into account the resurgence in this Decade of International Law of a new International Legal Order curiously resembling the new World Legal Order as envisaged by the framers of the San Francisco Charter in 1945, whose dreams were shared by many. We have come a long way since

International Terrorism and the Problem of Jurisdiction

Problems of pluri-dimensional complexity of definition, classification and norm-formulation converge in any meaningful endeavor to explore practical measures to prevent, preempt or otherwise to discourage and suppress acts of terrorism on an international scene. The present study is devoted to the treatment of only one of these problems, namely, the problem of jurisdiction. This problem presents itself in more than one connection. To ensure proper appreciation of the nature and scope of the multi-faceted problem of jurisdiction in the context of international terrorism, preliminary attention is focused on the need to adopt a balanced approach to the basic notion of international terrorism

Constitutions of the Countries of the World: Kingdom of Thailand

Draft chapter for Constitutions of the Countries of the World, Gisbert H. Flanz & Jefri Jay Ruchti, eds. (Oceana Publications)

The Entry Into Force of the 1982 UN Convention on the Law of the Sea on November 17, 1994: A Thai Perspective

A paper submitted to the SEAPOL Tri-Regional Conference on Current Issues on Ocean Law, Policy and Management South-East Asia, North-West Pacific and South-West Pacific

State Responsibility and International Liability: recent developments in the practice of States and international organizations

This is an essay in honour of Professor Gaetano Arangio-Ruiz, forming part of a collection of studies dedicated to the distinguished international jurist. Published in Studi di diritto internazionale in onore di Geotano Arangio-Ruiz, Editoriale Scientifica, 2004

Progressive Development of International Law and Order Since the Events of 11 September 2001

The events of 11 September 2001, which sent shock waves to the conscience of mankind the world over, have entailed other consequences unattended by perpetrators of the terrorist acts against the United States and little suspected by the international community at the time. To every action, there is a reaction. The wheel of international justice moves slowly but surely as it requires necessary accompaniments, especially the overwhelming support of the global community and the underlying rule of international law on the subject. The terrorist attacks of 11 September 2001 set the stage for an accelerated pace in the progressive concretization of rules of international law on the topic of State Responsibility with particular regard to its application to the breach of the primary rule of international law governing international liability

The Inter-temporal Character of International and Comparative Law Regarding the Rights of the Indigenous Populations of the World

This report explores ways and means in a selection of comparative legal systems to ensure adequate protection of the rights of indigenous peoples within the territorial confines of national jurisdictions. In most contemporary legal systems, attention has been drawn to the problems of how best to protect and safeguard the various fundamental rights of indigenous peoples of different tribes and denominations, co-existing in a single or multiple legal system. To ensure their survival and continued co-existence, not only their rights, but also their cultures, traditions, ways of life and civilizations, must be preserved intact as distinct but unique social, cultural, political and economic grouping within the same national community