Distance and Contemporaneity in Exploring The Practice of States : The British Archives in Relation to The 1957 Oman and Muscat Incident  

Oleh:

Carty, Anthony

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: The Singapore Year Book of International Law vol. IX (2005), page 75-86.
Topik: DISTANCE; distance; relation; incident

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: SS47 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

Lihat Detail Induk

Isi artikel

The international lawyer needs, as much as the diplomatic historian, to understand state conduct and this means having reliable access to state intentions. These remain, in principle, state secrets except in so far as the state itself chooses to disclose them, or when recalcitrant officials leak them, or journalists otherwise come improperly or irregularly on state intentions. There is a second equally important problem, especially concenring the analysisi of contemporary events, and that is to know whether one can be sure of the factual circumstances which are supposed to justify the invocation of a norm. Based on archival records in the UK foreign office (FO) which are here revealed for the first time, the present article focuses on the active FO discussions in july and august 1957 about the best way to present the UK's relations with oman and muscat internationally, when an arab block of states. led by egypt, tried to place (what i called). UK armed aggression against oman on the agenda of the security council. The legal advice of francis vallat and sir gerald fitmaurice played a considerable part in these discussions which reveal a vision of governmental structures for dealing wiht internatoional relations which appear very much a hangover from the period of the high renaissance. Secrecy is prized as the most reasonable option when it comes to providing public explanations of state conduct. Without consitent and comprehensive access to the governmental policy - making process in whihc government international lawyers may also have a significant input, it iis impossible ot assess the process of decision - making in such a way as to determine exactly how international law is being interpreted, applied, followed or ignored.

Opini Anda

Klik untuk menuliskan opini Anda tentang koleksi ini!

Kembali