Abstract
Today there exist a number of very important instances in which individuals, groups, and nongovernmental entities have: 1) a right of petition, and 2) a right of action. Beginning with Roman Law, its subsequent impact on the civilized world, and culminating with the contemporary regional movement, one essential conclusion arises, namely the individual has emerged as a subject of international law. Therefore, it is no longer valid to hold that only fully sovereign States are procedural subjects of international law.1 Nevertheless, the individual has yet to achieve a locus standi equal to that possessed by States. This conclusion applies to all regional and international institutions examined in this study. Though a subject of the law, considerable improvement must still be made in order to give meaning to the worth and dignity of human beings.
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References
Whitman, I Digest of International Law 35 (1963).
D. Hammarskjöld, “Liberty and Law in International Life,” International Law in A Changing World 22–32 (1963). He maintained: Law is the most advanced of the bodies of techniques which men have worked out for a living together in an orderly and harmonious way. It is well developed as a system for balancing the interests of the individual with the interests of society. I am convinced that the techniques of law can be adopted and applied more fully than at present also to the society of States. Lawyers have the special knowledge, skills and experience which enable them to contribute much both to the study of the problems involved in this development and to promoting public acceptance of new steps forward. Id., at 22-23.
Hahn, “Constitutional Limitations in the Law of the European Organizations,” 108(I) Recueil des Cours 189 (1963). In considering hierarchy of law problems, the important factor to consider is the growing political significance of the entire regional movement. Heilperin, “Atlantic Unity versus European Division,” 8 European Yb. 3 (1961); Heckscher, “Economic Relations in Europe: The Pattern,” id., at 22; Pryce, The Political Future of the European Community (1962). See the earlier far-sighted proposal: Sohn, “The Development of the Atlantic Community,” 23 Acta Scandinavica Juris Gentium 26 (1953).
Examples of such multinational conventions — aside from the Convention of Human Rights — would be the European Interim Agreement on Social Security, Convention on Social and Medical Assistance, Convention on Patents, Cultural Convention, Convention on Equivalence of Diplomas, Convention on Establishment, Convention on Extradition, Convention on Mutual Assistance in Criminal Matters, Agreement on Refugees, etc. See the partial listings in the volumes of European Treaty Series. See also Stein & Hay, Law and Institutions of the Atlantic Area 367-400 (1963).
Essentially, the Council of Europe, EEC, ECSC, EURATOM, EFTA, GATT, WEU NATO, BENELUX, OEEC, OECD, and COMECON.
As this final chapter is being written, an Arab Common Market has been organized.
Mitrany, “Delusion of Regional Unity,” Limits and Problems of European Integration, Stichting Grotius Seminarium 37–46 (1961). He feels that the regional movement will weaken the force of world unity and that competing regional unions could emerge. He concludes: “[T]he regional concept is not the triumph of the new internationalism but only an extension of the old nationalism.” Id., at 46. For the contrary view see Biörklund, “A World Movement in Favour of Human Rights,” 33 Nordisch Tidsskrift for International Ret 112 (1963).
See “Draft Convention on Human Rights,” U.N. Gen. Ass. 18th Sess. (A/5411) (1963); Mangone, A Short History of International Organization (1954); Jenks, “World Organization and European Integration,” r European Yb. 173 (1955); Carlston, “Universality of International Law Today,” 8 How. L.J. 79 (1962); Robinson, “From Protection of Minorities to Protection of Human Rights,” 1 Jewish Yb. Int’l L. 115 (1948).
The modification of traditional international law continues at an accelerated pace. Kunz, “The Distinctiveness of the International Legal System: Comparison and Contrast,” 22 Ohio St. L.J. 451 (1961). Professor Kunz recognizes partial subjects of the law and the expanding position of the individual both as to rights and duties. Further, he stresses the growing importance of the expanding regional organizations. It [international law] no longer deals exclusively with the rights and duties of sovereign states; its scope includes today also stateless persons and refugees, indigenous populations of trusteeship territories, international labor problems, the solution of international social, financial, economic, health, communication, educational problems, economic and technical aid to under-developed countries, and many more topics. Id., at 465. See also Stein, “The Common Market and the Free Trade Areas as Examples of Economic Regionalism,” in A.S.I.L., Proceedings 153 (1960); Audinet, “The Right of Establishment in the European Economic Community,” 86 Journal du Droit International 983 (1959); Tam-mes, “Decisions of International Organs as a Source of International Law,” 91 (II) Recueil des Cours 261 (1958).
Future Work in the Field of the Codification and Progressive Development of International Law, U.N. Gen. Ass. Off. Rec. 16th Sess. (A/4796) (10 July 1961). See also (A/C. 6/L493) (6 Dec. 1961); 727-28 (A./C. 6/Sr.) (11 Dec. 1961). See in particular U.N. Gen. Ass. Off. Rec. 16th Sess., Agenda Item 70, 491 (A./C. 6/L.) (15 Nov. 1961). See Australian Draft Proposals for an International Court of Human Rights, U.N. EcoSoc Council Off. Rec. (E/CN. 4/AC. 1/27) (10 May 1948).
Additional improvements might be required, such as conferring appellate jurisdiction on the ICJ. See Gormley, “The Status of the Awards of International Tribunals: Possible Avoidance Versus Legal Enforcement,” 10 How. L.J. 33, 97-107 (1964). Bridge, “The Case For an International Court of Criminal Justice and the Formulation of International Criminal Law,” 13 Int’l & Comp. L.Q. 1255 (1964). See notes 13 and 14 infra.
The importance of more fully utilizing the ICJ was stressed by D. Hammarskjold when he stated: … I hope that more disputes will be referred to the International Court of Justice. This is an effective means both of settling disputes and of developing law. The Court and its predecessor have over the past thirty-odd years established and developed a high judicial tradition. The Court’s record is one of the best made by any international organ. One cannot look into the collection of the judgements and advisory opinions of the Court and its predecessor without being impressed by a work outstanding for intellectual power, breadth of view, scrupulous impartiality, adherence to the best traditions of the law, and enlightened statesmanship. Op. cit., supra p. 185, note 2, at 29. Likewise the International Court of Justice is affected. Frank, “International Law: Through National or International Courts?,” 8 Vill. L. Rev. 139 (1963); Anand, Compulsory Jurisdiction of the International Court of Justice (1961); Rosenne, The International Court of Justice (1957).
Brennan, “International Due Process and the Law,” N.Y.L.J., Aug. 21, 1962, p. 4; reprinted in 48 Va. L. Rev. 1258 (1962). E.g., Kutner, “A Proposal for a United Nations Writ of Habeas Corpus and an International Court of Human Rights,” 28 Tul. L. Rev. 417 (1954); Kutner & Carl, “An International Writ of Habeas Corpus: Protection of Personal Liberty in a World of Diverse Systems of Public Order,” 22 U. Pitt. L. Rev. 469 (1961); Kutner, “World Habeas Corpus for International Man: A Credo for International Due Process of Law,” 36 U. Det. L.J. 235 (1959); Kutner, World Habeas Corpus (1961). Accord, Goldberg, “The Need For a World Court of Human Rights,” II How. L.J. 621 (1965).
Messages from Heads of Governments to the Asian and Middle Eastern Conference on World Peace Through Law (December 3-6, 1961, Lagos, Nigeria). See Article IX for proposed Court of Justice for African Nations, at 7. Messages from Heads of Governments to the American Conference on World Peace Through Law (San Jose, Costa Rica, June 11–14, 1961). Messages from Heads of Governments to the Asian and Australian Conference on World Peace through the Rule of Law (Tokyo, Japan, September 17–20, 1961); Messages from Heads of Governments to the European Conference on World Peace through the Rule of Law (Rome, Italy, April 1–4, 1962). See also Rhyne, Peace with Justice: An Eternal Monument in Law (1962). The plans of the Arab League to form an Arab Court of Justice operating within the structure of the United Nations are cited in the Consensus of Lagos, id., Article X, at 7. See also Articles VIII–XII ibid.
Ch. IV, supra p. 63, note 70.
Cf. The most recent proposal is “Reconstitution of the International Court of Justice,” Report (memo) of A.B.A. Standing Committee on Peace and Law Through the United Nations to the House of Delegates 19 (Jan. 5, 1963). See also McMahon, “The Court of Justice of the European Communities: Judicial Interpretation and International Organiza-tion,” 37 Brit. Yb. Int’l L. 320 (1961).
Wehmeyer, An Attainable International Court System (1964); and World Peace Through Law (1963); see especially Ch. III, “International Judicial Machinery For Peaceful Settlement of International Legal Disputes,” 43-91 id.; and Ch. IV, “Arbitration and Other Means of Settlement of International Disputes,” 93-113 id.
The problem of international legal personality is ever present. Cf., Mallison, “The Zionist-Israel Juridical Claims to Constitute ‘The Jewish People’ Nationality Entity and to Confer Membership in It: Appraisal in Public International Law,” 32 Geo. Wash. L. Rev. 983 (1964).
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© 1966 Martinus Nijhoff, The Hague, Netherlands
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Gormley, W.P. (1966). Conclusions. In: The Procedural Status of the Individual before International and Supranational Tribunals. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9530-0_7
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