Themes and Theories: Selected Essays, Speeches, and Writings in International Law

As President of the International Court of Justice, Dame Rosalyn Higgins is the world's most senior Judge. This two volume set collects together all of her most important writings as a scholar, a member of the UN Human Rights Committee, and as Judge and President of the International Court of Justice. During these years, she has written on a wide range of topics including legal theory, United Nations Law, humanitarian law, the use of force, state and diplomatic immunities, human rights, and natural resources law. As President and Judge of the International Court of Justice Dame Rosalyn has played her part in the formulation of the Judgments and Opinions of the principal judicial organ of the UN. She has sought to ensure the ICJ - the senior international court - operates in a modern and efficient manner, and in cordial relationship with the many new courts and tribunals now existing. These aspirations are reflected in her speeches during the years 2006 to 2009, most of which have not hitherto been published. This volume contains a comprehensive collection of all her Separate Opinions, amongst other writings, divided into ten Parts by subject matter. This includes specially written introductory passages by Dame Rosalyn to present the catalogue of her writings and the correlative developments in international law by theme.

Table of Contents:
Acknowledgments Preface based on 'International law since 1945: A Personal Journey', Speech given on the eve of receiving the Balzan Prize 2007 for International Law since 1945, University of Zurich, 22 November 2007: Introductory Chapter Part 1: International Legal Theory 1: International and Comparative Law Quarterly, Vol. 17(1), pp. 58-84, London, 1968: Policy Considerations and the International Judicial Process 2: International Organization, Vol. XXIII, No. 4, 914-931, Boston, World Peace Foundation, 1969: Policy and Impartiality: The Uneasy Relationship in International Law 3: Proceedings, American Society of International Law, Vol. 64, p. 37, New York, 1970: The UN and Lawmaking: The Political Organs 4: British Journal of International Studies, Vol. 4, No. 1,1-19, London, Europa; and New York Law School Law Review, Vol. XXIV, No. 1, 11-29, New York, West Publishing, 1978: Conceptual Thinking about the Individual in International Law 5: International Law Teaching and Practice, (ed. Bin Cheng), 27-45, London, Stevens & Sons, 1982: The Identity of International Law 6: Perspectives in International Law, 1-22 (ed. N. Jasentuliyana), London, Kluwer, 1995: Fundamentals of International Law 7: The International Legal System in quest of Equity and Universality, Liber Amicorum Georges Abi-Saab, pp. 547-561, (eds. L.Boisson de Chazournes and V. Gowlland-Debbas), The Hague, Kluwer, 2001: The Concept of 'The State': Variable Geometry and Dualist Perceptions 8: 181-186, Democracy and the Rule of Law, (eds. Dorsen & Gifford), Library of Congress, Washington D.C., 2001: Our 'Virtuous Trilogy' Part 2: United Nations Law 1: Proceedings of the American Society of International Law, New York, 1965: The Development of International Law by the Political Organs of the UN 2: The World Today: Chatham House Review Vol. 21, 324-337, 1965: United Nations Peace-Keeping- Political and Financial Problems 3: American Journal of International Law, Vol. 64, 1-15, 1970: The Place of International Law in the Settlement of Disputes by the Security Council 4: International and Comparative Law Quarterly, Vol. 21, Part 2, p. 270 (London, BIICL), 1972: The Advisory Opinion on Namibia: Which UN Resolutions are Binding Under Article 25 of the Charter? 5: The Josephine Onoh Memorial Lecture, University of Hull Press, 1993: The New United Nations: Appearance and Reality 6: 69 International Affairs 465, 1993: The New United Nations and Former Yugoslavia 7: The Changing Constitution of the United Nations, (ed. Hazel Fox), 43-51, London, BIICL, 1997: The UN Security Council and the Individual State 8: Boutros Boutros-Ghali Amicorum Discipulorumque Liber Vol. I, 511, Brussels, Bruylant, 1998: Some Thoughts on the Evolving Relationship between the Security Council and NATO Part 3: The Use of Force 1: Intervention in World Politics (ed. H. Bull), 29-44, Oxford, Clarendon Press, 1984: Intervention and International Law 2: Proceedings of the American Society of International Law, 275-280, New York, 1995: Second Generation Peacekeeping 3: European Journal of International Law, Vol. 6, No. 3, 445-460, Florence, European University Institute, 1995: Peace and Security: Achievements and Failures 4: The New Challenges of Humanitarian Law in Armed Conflicts : in Honour of Professor Juan Antonio Carrillo-Salcedo, (ed. by Pablo Antonio Fernández-Sánchez), Martinus Nijhoff, 2005: The New Challenges and the Role of the International Court of Justice Part 4: State and Diplomatic Immunities 1: American Journal of International Law, Vol. 71, No. 3, 423-437, 1977: Recent Developments in the Law of Sovereign Immunity in the United Kingdom 2: American Journal of International Law, Vol. 73, 465-470, 1979: The Death Throes of Absolute Immunity 3: Netherlands Yearbook of International Law, Vol. X, 35-54, Alphen a/d Rijn, Sijthoff & Noordhoff, 1980: Execution of State Property: United Kingdom Practice 4: Netherlands International Law Review, 265, 1982: Certain Unresolved Aspects of the Law of State Immunity 5: American Journal of International Law, Vol. 79, No. 3, 641-651, 1985: The Abuse of Diplomatic Privileges and Immunities: Recent United Kingdom Experience 6: L'Immunité d'Exécution de l'Etat Étranger 101-120, Paris, Montchrestien, 1990: Execution of State Property in English Law 7: The Incorporated Council of Law Reporting Annual Lecture 2006, London, 26 June 2006: After Pinochet: Developments on Head of State and Ministerial Immunities Part 5: Human Rights 1: The World Today: Chatham House Review Vol. 18, 415-427, 1962: The Soblen Case 2: International Affairs, 1973: The Right in International Law of an Individual to Enter, Stay In and Leave a Country 3: British Yearbook of International Law, LXVII, 281-320, 1976: Derogations Under Human Rights Treaties 4: London School of Economics Quarterly (Autumn), 249-265, 1988: Encouraging Human Rights 5: (Chorley Lecture 1988), Commonwealth Law Bulletin, Vol 15, 598 ; Modern Law Review, Vol. 52, p. 1, 1989: The UN: Still a force for peace 6: International Law at a Time of Perplexity - Essays in Honour of Shabtai Rosenne, (ed. Yoram Dinstein) 325-342, The Hague, Martinus Nijhoff, 1989: Liberty of Movement within the Territory of a State: The Contribution of the Committee on Human Rights 7: Developing Human Rights Jurisprudence, Vol. 5, London, Commonwealth Secretariat, 1993: The Relationship between International Law and Regional Human Rights Norms and Domestic Law 8: The Dynamics of the Protection of Human Rights in Europe - Essays in Honour of Henry G. Schermers, (eds. Lawson & de Blois), Vol. III, 195-209, Dordrecht, Martinus Nijhoff, 1994: Minority Rights: Discrepancies and Divergencies Between the International Covenant and the Council of Europe System 9: (eds. David Harris & Sarah Joseph) Oxford, Clarendon Press, 1995: Foreword, The International Covenant on Civil and Political Rights and United Kingdom Law 10: European Human Rights Law Review, No. 6 570-582, Andover, Sweet & Maxwell, 1996: Ten Years on the Human Rights Committee 11: (ed. J.P. Gardner), London British Institute of International and Comparative Law, Human Rights Series, 1997: Introduction from Human Rights as General Norms and a State's Right to Opt Out, Reservations and Objections to Human Rights Conventions 12: Politics, Values and Functions, International Law in the 21st Century, Essays in Honour of Professor Louis Henkin (eds. Charney, Anton & O'Connell), 87-103, The Hague, Martinus Nijhoff; also published in Columbia Journal of Transnational Law, Vol. 36, Nos. 1 & 2, 1997: Interim Measures for the Protection of Human Rights 13: Enforcing International Human Rights in Domestic Courts, Part II, (eds. Conforti & Francioni), 37-58, The Hague, Martinus Nijhoff, 1997: The Role of Domestic Courts in the Enforcement of International Human Rights: the United Kingdom 14: International Law: Theory and Practice: Essays in Honour of Eric Suy (ed. K. Wellens), 691-705, The Hague, Martinus Nijhoff, 1998: The International Court of Justice and Human Rights 15: Innovation and Inspiration: Fifty Years of the Universal Declaration of Human Rights, (eds. Baehr, Flinterman, Senders), 17-26, Amsterdam, Royal Netherlands Academy of Arts and Sciences, 1999: The Continuing Universality of the Universal Declaration 16: Protecting Human Rights: The European Perspective - Studies in Memory of Rolv Ryssdal 605-615 (eds. Mahoney, Matscher, Petzold, Wildhaber), 605-615, Cologne, Carl Heymanns, 2000: Extradition, The Right to Life, and the Prohibition against Cruel and Inhuman Punishment and Treatment: Similarities and Differences under the ECHR and the ICCPR 17: 2007 Anna Lindh Memorial Lecture, Lund University Hall, Lund, 3 October 2007: Dispersal and Coalescence in International Human Rights Law Part 6: International Petroleum Law 1: Energy Law '86, Proceedings of the International Bar Association Seminar, Munich 1986: Legal Preconditions of Foreign Investment 2: Journal of Energy and Natural Resources Law, vol. 11, pp. 6-16, 1993: Abandonment of Enerfy Sites and Structures: Relevant International Law 3: International Law and Sustainable Development: Past Achievements and Future Challenges (eds. Boyle & Freestone), Essays in Honour of Patricia Birnie, 87-111, Oxford, Oxford University Press, 1998: Natural Resources in the Case Law of the International Court Part 7: General 1: British Yearbook of International Law, Vol 36, pp. 375-384, 1960 (as Rosalyn Cohen).: Legal Problems Arising from the Dissolution of the Mali Federation 2: International Affairs, Vol. 42, No. 4, 573-599, London, Royal Institute of International Affairs, 1966: The International Court and South West Africa: The Implications of the Judgment 3: LSE Inaugural Lecture, London, London School of Economics, 1982: International Law and the Reasonable Need of Governments to Govern 4: Extraterritorial Application of Laws and Responses Thereto (ed. Olmstead), 3-14, Oxford, International Law Association in association with ESC Publishing Ltd, 1984: The Legal Bases of Jurisdiction 5: The Effect of Treaties in Domestic Law, Vol. 7 (eds. Jacobs & Roberts), London, Sweet & Maxwell, 1987: United Kingdom 6: Peoples and Minorities in International Law (eds. Brohamn, Lefeber & Zieck), 29-35, The Hague, Martinus Nijhoff, 1993: Postmodern Tribalism and the Right to Secession, Comments 7: Annuaire de l'Institut de Droit International, Session de Lisbonne, Vol. 66-I, 1995: Report for Institut de Droit International, The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations Toward Third Parties 8: Theory of International Law at the Threshold of the 21st Century - Essays in Honour of Krysztof Skubiszewski (ed. Makarczyk) 173-181, The Hague, Kluwer Law International, 1997: Some Observations on the Inter-Temporal Rule in International Law 9: International and Comparative Law Quarterly, Vol. 46, Part 3, 501-520 (Based on 20th F.A. Mann Lecture, delivered on 26 Nov. 1996, London), 1997: Time and the Law: International Perspectives on an Old Problem 10: Remedies in International Law: The Institutional Dilemma (ed. Malcolm Evans), 1-10, Oxford, Hart Publishing, 1998: Remedies and the International Court of Justice: An Introduction 11: Cambridge Law Journal, Vol. 58, Part 1, 78-95, Cambridge, Cambridge University Press, 1999: International Law in a Changing International System 12: Liber Amicorum Ibrahim F.I. Shihata: International Finance and Developmental Law, (eds. Schlemmer-Schulte & Ko-Yung Tung), The Hague, Kluwer Law International, 2000: The Responsibility of States Members for the Defaults of International Organizations: Continuing the Dialogue 13: Judicial Review in International Perspective, Liber Amicorum in Honour of Lord Slynn of Hadley, Vol. II (eds. Andenas & Fairgrieve), 9-22, The Hague, Kluwer Law International, 2000: Dualism in the Face of a Changing Legal Culture 14: International and Comparative Law Quarterly, Vol. 52, 1-20 (Lord Slynn of Hadley European Law Foundation lecture given on 10 April 2002), 2003: The ICJ, the ECJ, and the Integrity of International Law 15: Secession and International Law: Conflict Avoidance - Regional Appraisals, (ed. J. Dahlitz), T.M.C. Asser Press and the United Nations, New York and Geneva, 2003: Self-Determination and Secession Part 8: Tributes to Colleagues 1: (with R. Falk, W.M. Reisman and H.W. Burns), American Journal of international law, Vol. 92, pp. 729-733, 1998: Myres Smith McDougal (1906-1998) 2: Centre for International and Public Law, Faculty of Law, The Australian National University , Canberra, Australia, 1999: Foreword iii-v, Australian Yearbook of International Law, Vol. 20, A Collection of Essays to Honour Professor D.W. Greig 3: Justice pending: indigenous people and other good causes (ed. G. Alfredsson and M. Stavropoulou), pp. 1-3, 2002: Words of personal appreciation to Erica-Irene Daes 4: Leiden Journal of International Law, Vol. 16, 55-56, 2003: Fleischhauer leaves the Court 5: Essays in Honour of Vojin Dimitrijevic, (eds. Djilas and Djeric), Belgrade Centre for Human Rights, Belgrade, 2003: On Vojin Dimitrijevic 6: Columbia Journal of Transnational Law, Vol. 42, afl. 3, pp. 629-635, 2004: In Memoriam Oscar Schachter : 1915-2003 7: British Year Book of International Law, Vol. 75, pp. 1-5, 2005: Sir Robert Yewdall Jennings 1913-2004 8: In: Law in the Service of Human Dignity : Essays in Honour of Florentino Feliciano, (ed. by Steve Charnovitz, Debra P. Steger, Peter van den Bossche), 2005: The Benign First Mate 9: European Journal of International Law, Vol. 16 (2), 347-353, 2005: Final Remarks (Conference in Honour of Professor Philip Allott) 10: The Transformation of the Law. A Liber Amicorum for Lord Bingham, (eds. Mads Adenas and Duncan Fairgrieve), 2009: National Courts and the International Court of Justice, in: 11: Contribution to Individual Rights and International Justice, Liber Fausto Pocar, (eds. Gabriella Venturini and Stefania Bariatti), 2009 12: Speech at the Lauterpacht Centre 25th Anniversary Celebrations also marking the 80th birthday of the Centre's founder, Sir Eli Lauterpacht Part 9: The Judicial Years Academic writing 1: Fifty Years of the International Court of Justice: Essays in Honour of Sir Robert Jennings, (eds. Lowe & Fitzmaurice), , 657-581, Cambridge, Grotius Pubs., 1996: A Comment on the Current Health of Advisory Opinions 2: Liber Amicorum Mohammed Bedjaoui, (eds. Emile Yakpo & Tahar Boumedra), 343-369, The Hague, Kluwer Law International, 1999: The International Court of Justice and Africa 3: International and Comparative Law Quarterly, Vol. 50, 121-132, 2001: Respecting Sovereign States and Running a Tight Courtroom 4: The Clifford Chance Lectures, Vol. VII: Issues of State Responsibility before International Judicial Institutions (Eds. M. Fitzmaurice and D. Sarooshi), Hart Publishing, Oxford and Portland, Oregon, 2004: Issues of State Responsibility before the International Court of Justice 5: International Responsibility today : Essays in Memory of Oscar Schachter, (ed. Maurizio Ragazzi), Brill, 2005: The International Court of Justice: Selected Issues of State Responsibility 6: Proceedings of the American Society of International Law Annual Meeting, Vol. 99, pp. 135-138, 2005: Alternative Perspectives on the Independence of International Courts : Remarks 7: International Law (ed. Malcolm Evans), 3-6, Oxford, Oxford University Press, 2006: Reflections from the International Court Judicial Work 8: Advisory Opinion, I.C.J. Reports 1996 (I), p. 583.: Dissenting Opinion of Judge Higgins, Legality of the Threat or Use of Nuclear Weapons 9: Preliminary Objection, Judgment, I.C.J. Reports 1996 (II), p. 847: Separate Opinion of Judge Higgins, Oil Platforms (Islamic Republic of Iran v. United States of America) 10: Preliminary Objections, Judgment, I.C.J. Reports 1998, p. 345.: Separate Opinion of Judge Higgins, Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria) 11: Counter-Claim, Order of 10 March 1998, I.C.J. Reports 1998, p. 217: Separate Opinion of Judge Higgins, Oil Platforms (Islamic Republic of Iran v. United States of America) 12: Provisional Measures, Order of 2 June 1999, I.C.J. Reports 1999 (II): Separate Opinion of Judge Higgins, Legality of Use of Force (Serbia and Montenegro v. Belgium) (Serbia and Montenegro v. Canada) (Serbia and Montenegro v. Netherlands) (Serbia and Montenegro v. Portugal) (Yugoslavia v. Spain) (Serbia and Montenegro v. United Kingdom) 13: Judgment, I.C.J. Reports 1999 (II), p.1113: Declaration of Judge Higgins, Kasikili/Sedudu Island (Botswana/Namibia) 14: Judgment, I.C.J. Reports 2001, p. 222: Declaration of Judge Higgins, Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) 15: Judgment, I.C.J. Reports 2002, p. 63: Joint Separate Opinion of Judges Higgins, Kooijmans and Buergenthal, Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) 16: Judgment, I.C.J. Reports 2003, p. 225: Separate Opinion of Judge Higgins, Oil Platforms (Islamic Republic of Iran v. United States of America) 17: Advisory Opinion, I.C.J. Reports 2004, p. 207: Separate Opinion of Judge Higgins, Legal Consequences of the Construction of a Wall in the Occupied Palestine Territory 18: Preliminary Objections, Judgment, I.C.J. Reports 2004: Joint Declaration of Vice-President Ranjeva, Judges Guillaume, Higgins, Kooijmans, Al Khasawneh, Buergenthal and Elaraby, Legality of Use of Force (Serbia and Montenegro v. Belgium), (Serbia and Montenegro v. Canada) (Serbia and Montenegro v. France) (Serbia and Montenegro v. Germany) (Serbia and Montenegro v. Italy) (Serbia and Montenegro v. Netherlands) (Serbia and Montenegro v. Portugal) (Serbia and Montenegro v. United Kingdom) 19: Preliminary Objections, Judgment, I.C.J. Reports 2004: Separate Opinion of Judge Higgins, Legality of Use of Force (Serbia and Montenegro v. Belgium), (Serbia and Montenegro v. Canada) (Serbia and Montenegro v. France) (Serbia and Montenegro v. Germany) (Serbia and Montenegro v. Italy) (Serbia and Montenegro v. Netherlands) (Serbia and Montenegro v. Portugal) (Serbia and Montenegro v. United Kingdom) 20: Jurisdiction and Admissibility, Judgment, I.C.J. Reports 2006: Joint Separate Opinion by Judges Higgins, Kooijmans, Elaraby, Owada and Simma, Armed Activities on the Territory of the Congo (New Application : 2002) (Democratic Republic of the Congo v. Rwanda) Part 10: The Years as President of the International Court of Justice 1: International and Comparative Law Quarterly, October 2006; 55: 791 - 804: A Babel of Judicial Voices? Ruminations from the Bench 2: Proceedings of the American Society of International Law Annual Meeting, Vol. 100, 2006: A Conversation with Secretary of State Condoleeza Rice 3: Proceedings of the American Society of International Law Annual Meeting, Vol. 100, pp. 388-395, 2006: A Just World Under Law 4: Singapore, 6 April 2007: Inaugural Address at the Opening Ceremony of the Asian Society of International Law 5: The Lalive Lecture Series, Geneva, 9 July 2007: The International Court of Justice and Private International Law Thoughts 6: The Hague Academy of International Law Colloquium, The Hague, 6 September 2007: The 1907 Hague Peace Conference as a Milestone in the Development of International Law 7: The Grotius Lecture, British Institute for International and Comparative Law, London, 16 October 2007: The Rule of Law: Some Sceptical Thoughts 8: First International Law in Domestic Courts Colloquium, The Hague, 17 March 2008: The Changing Position of Domestic Courts in the International Legal Order 9: Geneva, 19 May 2008: Keynote speech Given at the 60th Anniversary of the International Law Commission 10: Speech to the Sixth Committee (Legal) of the General Assembly, New York, 27 October 2006: Remedies in the International Court of Justice 11: 26 October 2006: Speech by H.E Judge Rosalyn Higgins, President of the International Court of Justice, to the 61st Session of the General Assembly 12: New York, 2 November 2007: The Judicial Determination of Relevant Facts>", Speech to the Sixth Committee (Legal) of the General Assembly 13: 1 November 2007: Speech by H.E Judge Rosalyn Higgins, President of the International Court of Justice, to the 62nd Session of the General Assembly 14: 31 October 2008: Jurisdication at the International Court of Justice (Speech to the Sixth Comittee (Legal) of the General Assembly 15: 30 October 2008: Speech by H.E Judge Rosalyn Higgins, President of the International Court of Justice, to the 63rd Session of the General Assembly

About the Author :
Dame Rosalyn Higgins is President of the International Court of Justice, and Former Professor of International Law at the London School of Economics.