Published online by Cambridge University Press: 17 January 2008
† The present paper has been prepared partly in connection with the participation of the author in the English-speaking section of the Centre for Studies and Research of the Hague Academy of International Law. The author takes this opportunity of expressing his appreciation to the Academy, to Professor Seidl-Hohenveldern, and to the other members of the section who have participated in the discussions. However, the present paper is the work exclusively of the present author and represents only his personal views. A considerable portion of the article was prepared at the Harvard Law School under the guidance of Professor R. R. Baxter, to whom the author is especially grateful.