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ICJ Journal-III-1-1961-Eng JOURNAL OF THE INTERNATIONAL COMMISSION OF JURISTS Spring 1961 Editor: Jean -Flavien Lalive V ol. Ill, N o. 1 E d ito ria l FROM DELHI TO LAGOS The African Conference on The Rule of Law (Lagos, January 1961) LAW OF LAGOS CONCLUSIONS OF THE CONFERENCE DRAFT OUTLINE FOR THE NATIONAL REPORTS Gabriel d 'Arboussier THE SIGNIFICANCE OF THE LAGOS CONFERENCE T. O. Elias REFLECTIONS ON THE LAW OF LAGOS PREVENTIVE DETENTION UNDER DIFFERENT LEGAL SYSTEMS Z e l m a n C o w e n Japan H a k a r u A b e Australia Rachael Richards Philippines A r t u r o A . A l a f r i z Burma U H l a A u n g Singapore B e r n a r d B r o w n Eastern Europe Kazm ierz Grzybowski India Vivian Bose Soviet Union V l a d im ir G s o v s k i BOOK REVIEWS JOURNAL ADVISORY BOARD R o b e r t R . B o w ie , Professor of Internationa] Affairs C. J. H a m son , Professor of Comparative Law, and former Professor of Law, Harvard Uni­ University of Cambridge; versity; S eba stia n S o le r , Professor o Law, f Cordoba Uni­ G eo r g es B u r d e a u , Professor of Law, University of Paris and the Institut d’6tudes politiques de versity, former Attorney-General of Argentina; Paris; K e n z o T a k a y a n a g i , Professor of Law, University Z e l m a n C o w e n , Professor of Public Law and of Tokyo, and Chairman, Commission on the Dean of the Faculty of Law, University of Mel­ bourne; Constitution; T. S. F e r n a n d o , Judge of the Supreme Court of K o n r a d Z w e ig e r t , Professor of Comparative Law, Ceylon; University of Hamburg. INTERNATIONAL COMMISSION OF JURISTS • GENEVA The International Commission of Jurists is a non-governmental organization which has Consultative Status, Category “B”, with the United Nations Eco­ nomic and Social Council. The Commission seeks to foster understanding of and respect for the Rule of Law. The Memberls of the Commission axe : JOSEPH T. THORSON President of the Exchequer Court of Canada (Honorary President) VIVIAN BOSE Former Judge of the Supreme Court of India (President) PER T. FEDERSPIEL President of the Council of Europe; Member of (Vice-President) the Danish Parliament; Barrister-at-Law, Copen­ hagen JOSfi T. NABUCO Member of the Bar of Rio de Janeiro* Brazil (Vice-President) SIR ADETOKUNBO A. ADEMOLA Chief Justice of Nigeria ARTURO A. ALAFRIZ President of the Federation of Bar Associations of the Philippines GIUSEPPE BETTIOL Member of the Italian Parliament; Professor of Law at the University of Padua DUDLEY B. BONSAL Immediate Past President of the Association of the Bar of the City of New York, USA PHILIPPE N. BOULOS Governor of Beirut; former Minister of Justice of Lebanon J. J. CARBAJAL VICTORICA Attorney-at-Law; Professor of Public Law at the . University of Montevideo, Uruguay; former Minister U CHAN HTOON Judge of the Supreme Court of the Union of Burma A. J. M. VAN DAL Attoraey-at-Law at the Supreme Court of the Netherlands SIR OWEN DIXON Chief Justice of Australia ISAAC FORSTER Procureur General of the Republic of Senegal - OSVALDO ILLANES BENITEZ Judge of the Sapreme Court of Chile RUDOLF KATZ Vice-President of the Federal Constitutional Court. of Germany JEAN KK&HER Advocate at the Court of Appeal, Paris, France AXEL HENRIK MUNKTELL Member of the Swedish Parliament; Professor of Law at the University of Uppsala i PAUL-MAURICE ORB AN Professor of Law at the University of Ghgifl, Belgium; former Minister; former Senator : STEFAN OSUSKY Former Minister of Czechoslovakia to Great Britain and France; former Member of like Czechoslovak Government LORD SHAWCROSS Former Attorney-General of England BENJAMIN R. SHUTE Attorney-at-Law, New York KOTARO TANAKA Judge of the International Court of Justice; former Chief Justice of Japan PURSHOTTAM TRIKAMDAS Senior Advocate, of the Supreme Court of India; Secretary, Indian Bar Association; sometime Secretary to Mahatma Gandhi H. B. TYABJI Barrister-at-Law, Karachi, Pakistan; former Judge of the Chief Court of the Sind Secretary-General: JEAN-FLAVIEN LALIVE, Member of the Geneva Bar, former First "Secretary of the International Court of Justice Administrative Secretary: EDWARD S. KOZERA Former Lecturer in Government, Columbia University Signed contributions express the views of their authors; their publication by the Commission implies that they are thought to be of general interest by the Commission which, however, does not necessarily endorse them in their entirety. Unsigned contributions have, unless otherwise stated, been prepared by the staff of the Commission. Contributions dealing with aspects of the Rule of Law in different countries will be considered for publication. They should be typed, submitted in duplicate and addressed to the Secretary-General at Geneva. Published twice yearly in English, French, German and Spanish and distributed by INTERNATIONAL COMMISSION OF JURISTS 6, RUE DU MONT-DE-SION GENEVA, SWITZERLAND ' The Journal is distributed without charge to Supporting Members of the Commission JOURNAL O F THE INTERNATIONAL COMMISSION OF JURISTS S p r in g 1961 Editor: Jean-Flavien Lalive Vol. Ill, No. 1 Editorial FROM DELHI TO LAGOS 3 The African Conference on The Rule of Law (Lagos, January 1961) LAW OF LAGOS 9 CONCLUSIONS OF THE CONFERENCE 10 DRAFT OUTLINE FOR THE NATIONAL REPORTS 19 Gabriel d’Arboussier THE SIGNIFICANCE OF THE LAGOS CONFERENCE 22 T. O. Elias REFLECTIONS ON THE LAW OF LAGOS 25 PREVENTIVE DETENTION UNDER DIFFERENT LEGAL SYSTEMS Zelman Cowen PREVENTIVE DETENTION IN AUSTRALIA 29 Rachael Richards U Hla Aung THE LAW OF PREVENTIVE DETENTION IN BURMA 47 Kazimierz Grzybowski PROTECTION OF PERSONAL LIBERTY IN THE CRIMINAL PROCEDURES OF EASTERN EUROPE 69 Vivian Bose PREVENTIVE DETENTION IN INDIA *7 Hakaru Abe THE FORMER JAPANESE SYSTEM OF PREVENTIVE DETENTION 99 Arturo A. A la friz PREVENTIVE AND ADMINISTRATIVE DETENTION AS IT PERTAINS TO THE PHILIPPINES 109 Bernard Brown ADMINISTRATIVE INTERNMENT IN SINGAPORE 126 Vladimir Gsovski PREVENTIVE AND ADMINISTRATIVE DETENTION IN THE USSR 135 BOOK REVIEWS (turn overleaf) 151 INTERNATIONAL COMMISSION OF JURISTS - GENEVA LlBKMW International Commission of Jurists (ICJ) Geneva, Switzerland c\no BOOK REVIEWS American Association Index to Foreign Legal Periodicals 151 of Law Libraries W. Friedmann Law in a Changing Society 151 K. L. Roskam Apartheid and Discrimination 153 Zaccaria GiacomettiAllgemeine Lehren des rechtsstaatlichen Verwaltungsrecht des Rechtsstaates 154 Rudolf Schlesinger Comparative Law 157 Nicolas VeicopoulosTraite des territoires dependants 158 Milton Katz and International Transactions and Relations, Kingman Brewster Cases and Materials 159 N. K. Dixit and Private International Law 160 Neglur Rangath Institute for East Jahrbuch fur Ostrecht 161 European Law David Footman International Communism 163 Rolf Schiisseler Die Rechtsverletzungen im sozialistischen Staat und ihre Bekampfung 164 Ladislaus Mezofi Die ungarischen Strafgesetze 165 Benvenuto Samson Grundzuge des mitteldeutschen Wirtschafts- rechts 166 S. K. Das Japanese Occupation and Ex Post Facto Legislation in Malaya 167 EDITORIAL FROM DELHI TO LAGOS The Rule of Law has recently been the subject of increased attention which has extended beyond the professional interest of the legal community. There appears to be a growing realization on the part of the general public of the necessity for integrating in practice the concepts of peace and justice, of law and order and of human rights and freedom. Some nations which are fortunate to have a system of government dedicated to the Rule of Law carry on and develop these concepts in an atmosphere of responsibility and under­ standing. Other nations, however, witness violations or complete denial of civil rights. It is in connection with the latter nations that the International Commission of Jurists has in the past few months received requests for investigation and analysis of certain situations constituting actual or potential threats to fundamental human rights. In order to fulfill one of its major tasks, that of being a “watch­ dog of civil liberties” seeking to mobilize world legal opinion when­ ever a general and systematic violation of the Rule of Law exists, the Commission is engaged in a number of special studies. These studies and reports based thereon are primarily devoted to countries Whose system of government and administration of justice violate or imperil those principles of the Rule of Law which have since the Congress of Delhi served as criteria for the Commission’s investi­ gations. Most recently, the Commission published a documented Report on South Africa and the Rule of Law (November 1960). Currently under preparation are reports analyzing the legal situation in Cuba, the Dominican Republic and Spain. Attention is also being given to the serious problems arising from the conditions in Portugal, with emphasis on the tension in her African territories. There are certainly many countries in various parts of the world where the establishment or strengthening of the Rule of Law may lead to an improvement of the life and security of peoples and remove a serious threat to international peace. Aware of the ex­ panding scope of its activities and of its increasing responsibilities, the Commission trusts that its National Sections and other associates will follow carefully the application of the principles of the Rule of Law in their respective countries and contribute to the promotion and defence thereof. The international Survey on the Rule of Law currently being undertaken by the Commission constitutes a posi­ tive step in the accomplishment of this purpose. An African Conference on the Rule of Law was organized by the Comission in Lagos, Nigeria on January 3-7, 1961.
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