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Professor Bruno Simma To Be Judge at the International Court of Justice in The Hague

Published online by Cambridge University Press:  06 March 2019

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To introduce Bruno Simma to the readers of German Law Journal is both an easy and a difficult task. An easy one because it will hardly be necessary to introduce his writings to those who have done only the slightest research in public international law– from his textbook “Universelles Völkerrecht” of 1976, co-authored with his teacher and mentor Alfred Verdross and still widely cited in German literature and jurisprudence, to the Commentary of the Charter of the United Nations which he first edited (in German) in 1991, the second English edition of which was published last year by Oxford University Press. On the other hand, writing on Bruno Simma is a difficult task because many of you will already have got a personal impression already – meeting him in Munich, where he has been teaching international and European law for no less than thirty years, in Ann Arbor/Michigan, where he is member of the affiliate overseas faculty of the University of Michigan Law School (since 1997) after teaching there for more than ten years, or at the Academies in The Hague or Florence, where he has taught much-acclaimed and -cited lectures on the move of international law “from bilateralism to community interest” and the relationship between human rights law and general international law. An even broader audience has come to know him for his public appearances in the press, the radio or television, in particular for his characterization of the dilemma of the Kosovo intervention as a “thin red line” between legality and morality. His article on “NATO, the UN and the Use of Force” appeared on the Webpages of the European Journal of International Law – the leading European international law journal he co-founded in 1990 and still co-edits – even before the first shots were fired.

Type
Legal Culture
Copyright
Copyright © 2003 by German Law Journal GbR 

References

1 Verdross, A./Simma, B., Universelles Völkerrecht (3rd ed., Berlin: Duncker & Humblot, 1984).Google Scholar

2 Simma, B. (ed.), Charta der Vereinten Nationen – Kommentar (Beck: München 1991).Google Scholar

3 Id. (ed.), Charter of the United Nations. A Commentary (2nd ed., Oxford: Oxford University Press 2002).Google Scholar

4 Id., ‘From Bilateralism to Community Interest in International Law', 250 Recueil des Cours (1994-VI) 217.Google Scholar

5 Id., ‘International Human Rights and General International Law: A Comparative Analysis', IV-2 Collected Courses of the Academy of European Law (1993) 153.Google Scholar

6 Id., ‘NATO, the UN and the Use of Force: Legal Aspects', 10 EJIL (1999) 1.Google Scholar

7 See the EJIL's homepage at: http://www.ejil.org Google Scholar

8 Simma, B./Alston, P., ‘The Sources of Human Rights Law: Custom, Jus Cogens, and General Principles', 12 Australian Yearbook of International Law (1992) 82.Google Scholar

9 Simma, B., ‘Comments on Global Governance, the United Nations and the Place of Law', 9 Finnish Yearbook of International Law (1998) 61, at 65.Google Scholar

10 LaGrand (Germany v. United States of America), 40 ILM (2001) 1069; see The LaGrand Brothers Case: Germany vs. the United States in the International Court of Justice, in: 1 German Law Journal No. 4 (1 December 2000), available at: http://www.germanlawjournal.com/past_issues.php?id=25; and: International Court of Justice Rules in Favor of Germany and Against the United States in the LaGrand Case, in: 2 German Law Journal No. 12 (16 July 2001), available at: http://www.germanlawjournal.com/past_issues.php?id=41.Google Scholar

11 On the implementation of LaGrand, cf. now the Avena and other Mexican Nationals (Mexico v. United States of America) case.Google Scholar

12 House of Lords, R. v. Bow Street Magistrates, ex parte Pinochet (No. 3), [1999] 2 WLR 827.Google Scholar

13 See Arrest Warrant of 11 September 2000 (Democratic Republic of Congo v. Belgium), 41 ILM (2002) 536, paras. 59-61; but see Joint Sep. Op. Higgins et al., ibid., p. 575, para. 85; A. Cassese, ‘When may Senior State Officials be Tried for International Crimes? Some Comments on the Congo v. Belgium Case', 13 EJIL (2002) 853.Google Scholar