Book Review: International Arbitration

DOI10.1177/004711785900101109
Date01 April 1959
Publication Date01 April 1959
SubjectBook Review
~xampl~s
from actual practice
and
attempts to draw adistinction between
fonCtionnaires" proper and ..
agents"
who, though primarily national,
=.
also !ncidentally vested with international functions in the course
of
m
~
official duties. The preliminary chapter ends with astock-taking
of
the
am
groups
of
international functionaries.
in
The
greater part
of
the book (300 pages)
is
devoted to the question
of
how
dependence and security can be assured to the holders
of
such international
~~ce
against the possible pressure
of
individual States, either the host State
or
t
e.
State
of
origin
of
the officer concerned. This very important subject
is
.~~ted
under six headings, recruitment
and
appointment, the legal nature
of
the
len
de
fonction
",
obligations, privileges
and
immunities, salaries and emolu-
ments
and termination
of
functions. The second part (250 pages) deals with the
n~ture
of
the guarantees required to assure the essential independence and security
o
~uch
officers: freedom
of
association
to
protect their position
(the"
syndi-
cahsme
"
of
the international officers) and administrative
and
jurisdictional safe-
~uards
and ends with adiscussion
of
the recent crisis
of
the"
fonction publique
I~ternationale"
in the U.N.
and
in the European Communities, which has given
gse to two pseudo-advisory opinions,
in
fact judgements,
of
the International
OUTt
of
Justice. The development
of
this crisis
is
set
out
in detail, and this
Part
of
the work reads indeed like anovel.
On the whole, Mr. Bedjaoui's book
is
accurate and excellently documented.
A.lthough
it deals mainly with the personnel
of
the United Nations and Specialised
~~c~es
it also throws light on the situation prevailing in other international
~
~
ll1lstrations
on
which it
is
extremely difficult for the outsider to get reliable
IO~Ormation.
The monograph may, therefore, be said to have fully deserved the
PTize
awarded to it.
Utrecht. J. H.
W.
Verzijl.
International Arbitration. J.
L.
Simpson and Hazel Fox.
PU~lished
under the auspices
of
The David Davies Memorial Institute
of
Inter-
national Studies. Stevens. 42/-.
.This
is
atimely
and
welcome attempt to take stock
of
the present situation
Idn
the field
of
international arbitration, more particularly with reference to
.evelopments since the end
of
the Second World War. Since
1945
these have
IOcluded
the re-establishment
of
the Hague Court
and
the disposal by it
of
a
nUmber
of
important cases, amongst them the Norwegian Fisheries case
and
the
C?rfu Channel dispute, the establishment
of
alarge number
of
new
international
~lbunals,
anumber
of
important ad hoc arbitrations and the preparation
of
a
U
rart code
of
arbitral procedure
by
the International Law Commission
of
the
nlted Nations.
The book, which deals with the settlement by judicial process
of
disputes
between states
or
the claims
by
the nationals
of
one state against another state,
covers awide field.
It
takes in both international arbitration
in
the traditional
sense
and the functioning
of
standing international tribunals such as the Inter-
~ational
Court
of
Justice since, as the authors' claim, the one process
is
influenced
ythe other. The subject
is
dealt with from the strictly practical angle, and the
emphasis throughout
is
upon the way
in
which international tribunals are
established and discharge their functions. Where primary sources have not been
available, as in the case
of
the Pact
of
Bogota and the then Court
of
Justice
of
the
European Coal and Steel Community, the subject has been omitted.
The authors trace the development
of
international arbitration through the
T
I9th century culminating in the setting up
of
the International Court
of
Justice.
hey
discuss the role
of
the United
Nations;
the basis
of
international juris-
diction ;the law
and
practice ;evidence; third party proceedings; the con-
sequences
of
judgment
or
award, as
well
as special procedures
and
administrative
matters. This should prove both apractical hand-book
and
an illuminating
analysis
of
the broader issues involved.
581

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT