American Journal of International Law VOLUME 65 1971 Published by The American Society of International Law 7 The American Society of International Law The American Society of International Law was organized in 1906 "to foster the study of international law and to promote the establishment and mainte­ nance of international relations on the basis of law and justice." The Society serves as a meeting place and forum for scholars, teachers, offi­ cials, lawyers and others, from some ninety-seven countries. At the end of April, it holds a three-day Annual Meeting in Washington at which current prob­ lems of international law are discussed. The Society also sponsors regional meetings outside of Washington in co-operation with other institutions. Salient questions of international law and relations are considered in depth by panels and study groups organized by the Society's Board of Review and Development. Works of scholarship are often published under the Society's auspices in connec­ tion with studies sponsored by the Board. The Society periodically issues three publications: The American Journal of International Law, the leading journal in the field of international law, has been published since 1907. A special number of the Journal carries the papers and discussions of the annual meeting of the Society. The Journal is distributed to all members of the Society without additional charge, and is available to non-members at a subscription rate of $30 a year. International Legal Materials, a bimonthly, is a unique international collection of texts of current official documents, including legislation, treaties, court deci­ sions, and reports. Subscription rates are $15 a year for members of the Society, $35 for others. The monthly Newsletter provides members with news of the Society and other organizations in the field and reports on pending international litigation. Society membership is open to all persons of whatever nationality and pro­ fession who are interested in its objectives. Dues are: regular, $25 for residents of the United States, $10 for non-residents; professional, $40; intermediate, $15; student, $7.50. Application forms and further information may be obtained from the Membership Secretary of the Society. OFFICERS OF THE SOCIETY, 1971-1972 Honorary President PHTT.TP C. JESSUP President HAROLD D. LASSWELL Executive Vice President STEPHEN M. SCHWEBEL Vice Presidents RICHARD A. FALK, JOHN N. HAZARD, WILLIAM D. ROGERS Honorary Vice Presidents: DEAN G. ACHESON,* WILLIAM W. BISHOP, JR., HERBERT W. BRIGGS, ARTHUR H. DEAN, HARDY C. DILLARD, CHARLES G. FENWICK, LEO GROSS, GREEN H. HACKWORTH, JAMES N. HYDE, HANS KELSEN, CHARLES E. MARTIN, BRUNSON MAC- CHESNEY, MYRES S. MCDOUGAL, OSCAR SCHACHTER, JOHN STEVENSON, ROBERT R. WILSON. Secretary EDWARD DUMBAULD Treasurer FRANZ M. OPPENHEIMER Assistant Treasurer JAMES C, CONNER * Deceased Oct. 12, 1971. BOARD OF EDITORS Editor-in-Chief RICHABD R. BAXTER Harvard Law School WILLIAM W. BISHOP, JR. BRUNSON MACCHESNEY University of Michigan Law School Northwestern University Law School JOHN CABEY MYRES S. MCDOUGAL Yale Law School New York, N. Y. STANLEY D. METZGER ALONA E. EVANS Georgetown University Law Center Wellesley College COVEY T. OLIVER RICHABD A. FALK University of Pennsylvania Princeton University Law School ALWYN V. FREEMAN STEFAN A. RTESENFELD University of California Law School Beverly Hills, California OSCAR SCHACHTER WOLFGANG FRIEDMANN New York, N. Y. Columbia University School of Law STEPHEN M. SCHWEBEL JOHN N. HAZARD Washington, D. C. Columbia University School of Law LOUIS B. SOHN LOUIS HENKIN Harvard Law School Columbia University School of Law ERIC STEIN University of Michigan Law School JAMES NEVINS HYDE RICHARD YOUNG New York, N. Y. Van Hornesville, N. Y. RICHARD B. LILLICH University of Virginia Law SchooHonoraryl Editors HERBEBT W. BBIGGS PHILIP C. JESSUP Cornell University New York, N. Y. HABDY C. DILLARD HANS KELSEN University of Virginia Law School University of California CHABXES G. FENWICK Washington, D. C. PITMAN B. POTTER LEO GROSS American University Fletcher School of Law and JOHN B. WHITTON Diplomacy, Tufts University Princeton University ROBERT R. WILSON Duke University Assistant Editor ELEANOR H. FINCH Editorial Assistant ROSEMARY G. CONLEY The views expressed in the articles, editorial comments, book reviews and notes, and other contributions which appear in the JOURNAL are those of the individual authors and are not to be taken as representing the views of the Board of Editors or of The American Society of International Law. The JOURNAL is published five times a year and is supplied to all members of The American Society of International Law without extra charge. The annual subscription to non-members of the Society is $30.00. Available back numbers of the current volume of the JOURNAL will be supplied at $6.00 a copy; other available back numbers at $7.50 a copy. Manuscripts may be sent to either the Acting Editor-in-Chief of the JOURNAL, North­ western University Law School, 357 East Chicago Avenue, Chicago, 111. 60611, or the Assistant Editor. Subscriptions, orders for back numbers, correspondence with reference to the JOURNAL, and books for review should be sent to the Assistant Editor of the JOURNAL, 2223 Massachusetts Avenue, N. W., Washington, D. C. 20008. PUBLICATION OFFICE: EDITORIAL AND EXECUTIVE OFFICE: PRINCE AND LEMON STREETS 2223 MASSACHUSETTS AVENUE, N.W. LANCASTER, PA. 17604 WASHINGTON, D. C. 20008 Copyright © 1971 by The American Society of International Law Second-class postage paid at Lancaster, Pa. AMERICAN JOURNAL OF INTERNATIONAL LAW VOLUME 65 CONTENTS 1971 [No. 1, January, 1971, pp. 1-252; No. 2, April, 1971, pp. 253-458; No. 3, July, 1971, pp. 459-704; No. 5, October, 1971, pp. 705-927] PAGE SYMPOSIUM ON UNITED STATES ACTION IN CAMBODIA The Cambodian Operation and International Law Richard A. Falk 1 The Constitutionality of the Cambodian Incursion William D. Rogers 26 Legal Dimensions of the Decision to Intercede in Cambodia John Norton Moore 38 Comments: George H. Aldrich 76 Wolfgang Friedmann 77 Robert H. Bork 79 John Lawrence Hargrove 81 Marine Pollution Problems and Remedies Oscar Schachter and Daniel Serwer 84 Developments in the Law and Institutions of International Economic . Relations: Unauthorized Changes of Par Value and Fluctuating Exchange Rates in the Bretton Woods System Joseph Gold 113 The International Court of Justice: Consideration of Requirements for Enhancing Its Rdle in the International Legal Order Leo Gross 253 Barcelona Traction: The Jus Standi of Belgium Herbert W. Briggs 327 The Rann of Kutch Arbitration J. Gillis Wetter 346 Vae Victis or Woe to the Negotiators! Judge Sir Gerald Fitzmaurice 358 Self-Determination Rupert Emerson 459 The Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity Robert H. Miller 476 Contemporary Soviet Doctrine on the Juridical Nature of Universal International Organizations Chris Osakwe 502 ' The Travaux Preparatoires of the Vienna Convention on the Law of Treaties Herbert W. Briggs 705 The Declaration of Principles of International Law concerning Friendly Relations: A Survey Robert Rosenstock 713 vi CONTENTS [Vol. 65 PAGE The Grounds of Invalidity and Termination of Treaties S. E. Nahlik 736 Selden Redivivus—Towards a Partition of the Seas? Wolfgang Friedmann 757 Editorial Comment: Josef L. Kunz, 1890-1970 Herbert W. Briggs 129 Quincy Wright, 1890-1970 Eleanor H. Finch 130 Arctic Anti-Pollution: Does Canada Make—or Break—Interna­ tional Law? Louis Henkin 131 The United States Assaults the I.L.O. Stephen M. Schwebel 136 Renewed Emphasis upon a Socialist International Law John N. Hazard 142 The Connally Reservation Revisited and, Hopefully, Contained Louis Henkin 374 Two Perspectives on the Barcelona Traction Case: The Rigidity of Barcelona Richard B. Lillich 522 Nationality of Corporate Investment under Investment Guaranty Schemes—The Relevance of Barcelona Traction Stanley D. Metzger 532 The Reports of the Death of Article 2(4) Are Greatly Exaggerated Louis Henkin 544 The Doctrine of Self-Executing Treaties and GATT: A Notable German Judgment Stefan A. Riesenfeld 548 The Obligation to Register Treaties and International Agreements with the United Nations R. B. Lillich 771 Notes and Comments: The Sole Juridical Expression of the Sacred Trust of Civilization Charles H. Alexandrowicz 149 Tax Treaties between the United States and Developing Countries Patrick L. Kelley 159 Neutralization of Israel John F. Murphy 167 Regional Conference of the Society at Chicago M. Cherif Bassiouni 172 Regional Meeting of the Society at Iowa City Edward J. Lemons 174 Scott Prizes in International Law E.H.F. 175 Journal of Maritime Law and Commerce Eleanor H. Finch 175 65th Annual Meeting of the Society Eleanor H. Finch 176 A Cause of the Present Crisis of International Law Miodrag Sukijasovic 378 Sixty-Fifth Annual Meeting of the Society, April 29-May 1, 1971 381 Annual Meeting of the Philippine Society of International Law E.H.F. 387 Was Biafra at Any Time a State in International Law? David A. Ijalaye 551 1971] CONTENTS Vll PAGE Resolution of the Bahrain Dispute Edtvard Gordon 560 Transfer or Recognition of Sovereignty—Some Early Problems in Connection with Dependent Territories Jochen A. Frowein 568 The United Nations Travel and Identity Document for Namibians /. F. Engers 571 A Sometime World of Men: Legal Rights in the Ross Dependency F.M.Auburn 578 Seminar on the Role of the United Nations in the Development of International Law Subhash C. Jain 582 New Student Journals of International Law Eleanor H. Finch 584 The Society's Eighth Annual Regional Meeting at Syracuse, 1971 L. F. E. Goldie 585 65th Annual Meeting of the American Society of International Law Eleanor H. Finch 587 Further Thoughts on a New Source of International Law: Pro­ fessor d'Amato's "Manifest Intent" N. G. Onuf 774 The Need for Revision of the Bustamante Code on Private Inter­ national Law Kurt H. Nadelmann 782 The U. S. Treaty of Commerce and the German Constitution F.