Manfred Salmon

Manfred Salmon (1974)

Manfred Lachs (born April 21, 1914 in Stanislau ; † January 14, 1993 in The Hague ) was a Polish diplomat , legal scholar and university professor who made a name for himself in the field of international law .

He studied law at the Jagiellonian University in Kraków in the 1930s, as well as in Vienna , Nancy and the London School of Economics, and joined the Polish government- in- exile in London during World War II . After the war he worked for the Polish Ministry of Foreign Affairs and thus played a key role in the development of the Rapacki Plan . As a representative of Poland, he was also active at the United Nations from 1945 and held a number of high-ranking positions and offices there. In the international law commission he participated in the work on the Vienna Convention on the Law of Treaties and, as chairman of the legal subcommittee for the peaceful use of space, he made an important contribution to the emerging space law by initiating and preparing several agreements .

From 1967 until his death in 1993 he was a judge at the International Court of Justice in The Hague and from 1973 to 1976 its president. At 26 years of age, his tenure is one of the longest in the institution's history. During this time he worked to improve and develop the functioning of the court and to strengthen the relationship between the court and the other organs of the United Nations.

As a university lecturer, Lachs taught at the Academy for Political Science in Warsaw and at the University of Warsaw , as well as at the Hague Academy for International Law and as a visiting professor at various universities and academies worldwide. For his services to international law, he was awarded honorary doctorates by numerous universities . He has also received a number of high-level government awards both in his home country and abroad.

Life

education

The Collegium Novum , the main building of the Jagiellonian University, where Manfred Lachs completed his legal training

Manfred Lachs was born shortly before the start of the First World War in Stanislau in East Galicia - then in Austria-Hungary , then in Poland and the Soviet Union , today under the name Ivano-Frankiwsk in Ukraine  - as the son of the Jewish lawyer Ignacy Lachs and his Catholic wife, the English teacher Sophie Lachs, born. He studied law at the Jagiellonian University in Kraków and graduated with a doctorate in 1937 . Study stays in Vienna and Nancy followed , where he completed his doctorate in 1939 with a Docteur de l'Université de Nancy . Salmon then moved to the London School of Economics and Political Science and thus escaped the turmoil of the Holocaust that cost the lives of his family members who had stayed at home.

The years of study in England had a particular influence on Salmon's legal thinking and language. He acquired in-depth knowledge of English law and English legal history. Even in later years he was regarded by his colleagues as a special friend of English law and was known for quoting members of the House of Lords in lectures and conversations or for incorporating English aphorisms .

During his apprenticeship years, Lachs had also acquired exceptionally good foreign language skills , which he further developed during his first years of employment. He mastered English , French , German , Russian and Polish effortlessly, both spoken and written, and also had knowledge of Italian , Spanish and the other Romance languages . This fact was later often attributed to the ease with which he moved on the diplomatic floor.

Work as a diplomat

Polish Foreign Minister Adam Rapacki, whose legal advisor Lachs was from 1960

In London, Salmon had joined the Polish government in exile and was a member of its delegation to the United Nations War Crimes Commission . He also dealt with war crimes in his first book, "War Crimes - An Attempt to Define the Issues" (1945), which was published at the time. After the war, salmon was one of the few Poles living in exile in London who returned to their homeland. He accepted a position in the Polish Ministry of Foreign Affairs , but at the same time pursued his academic career by taking on a professorship at the Academy of Political Science in Warsaw in 1949 and three years later as professor of international law at the University of Warsaw .

As a legal advisor, he accompanied the Polish delegation to the Paris Peace Conference in 1946 and was involved in the prosecution of crimes committed by the National Socialists in Poland at the Nuremberg Trials . Although independent, he became head of the legal department of the Polish Foreign Ministry in 1947 and in 1960 legal advisor to Foreign Minister Adam Rapacki with the rank of ambassador . During his time in the Foreign Ministry, he played a crucial role in developing the Rapacki Plan , according to which Germany , Poland and Czechoslovakia were to be declared a nuclear-weapon-free zone. The plan was the United Nations presented in October 1957, however, largely rejected by the Western countries, who saw a threat to the balance of power in Europe, just as the Gomułka plan in the 1960s for a limitation of nuclear armament in Central Europe , at the Drafting Salmon was involved several years later.

Working at the United Nations

As a representative of Poland, Salmon was active at the United Nations from 1945 and gained increasing influence there in the following two decades. He was elected chairman of the United Nations Legal Committee three times (1949, 1951 and 1955), a recognition that has so far only been granted to him. In 1962 he was elected to the United Nations International Law Commission, of which he was a member until 1966. In particular, he participated in the work of the Commission on the Law of Treaties, which later resulted in the adoption of the Vienna Convention on the Law of Treaties . He was also chairman of the Legal Subcommittee on the Peaceful Uses of Outer Space from 1962 to 1966, a committee that did important pioneering work in laying the foundations for the emerging matter of space law. Under his chairmanship, the “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space” (1963) were passed and the space treaty was prepared. He was also a member of the International Civil Service Advisory Board from 1958 to 1967 and his country's delegate in the negotiations on the Nuclear Non-Proliferation Treaty .

Judge at the International Court of Justice

In October 1966, Salmon was elected judge at the International Court of Justice in The Hague and sworn in on February 6, 1967 in this office . He held this position until 1993, making it one of the longest terms in the history of the Court. During this time he was presiding judge from 1973 to 1976.

Election and first term

The Peace Palace in The Hague, seat of the International Court of Justice to which Manfred Lachs belonged from 1966 until his death

His election was immediately preceded by the controversial decision of the Court of Justice in the South West Africa, Second Phase case on July 18, 1966, which, based on a very theoretical, procedural argument, allowed the South African apartheid regime to spread to South West Africa . In the UN General Assembly, the decision was therefore criticized as a decision of a white-dominated and colonialist court and a reform of the composition of the International Court of Justice was called for. Even more sober considerations came to the conclusion that the decision shows a blindness to social reality. In the midst of the politically heated climate, the elections for the new judges took place in October 1966. While Salmon's Australian competitor Sir Kenneth Bailey, who was supposed to replace his compatriot Sir Percy Spender , failed because of his voting behavior during South West Africa, Second Phase , Salmon, who was supported in his candidacy by 31 countries, including the United States and Great Britain, succeeded , the election effortless, even though his predecessor, Bohdan Winiarski , had also voted for South Africa. At 52 years old, Salmon was the youngest judge on the court. He occupied the judge's seat, which was traditionally given to an Eastern European country. It would have been common practice to have a judge from another Eastern European country follow Poland Winiarski on the rotation principle, but the lack of equally qualified further candidates came to the rescue. The New York Times introduced him after his election in its November 4, 1966 edition, saying that he was considered one of the most skilled lawyers elected to the Court in recent years.

When Lachs began working at the International Court of Justice in 1967, he encountered a court that was deeply divided. The majority of judges took the traditional view that the court was strictly limited to interpreting existing law, while the remaining judges called for a more progressive approach to international law and a more evolving interpretation of the United Nations Charter . The division of the Court of Justice was particularly evident in the narrow decision of eight to seven votes in South West Africa, Second Phase . The Court was in a crisis, which was also reflected in the small number of cases brought before it.

Presidency

Manfred Lachs (left) as President of the ICJ during a session of the Court of Justice (1973)

Manfred Lachs was the first representative of the more progressive group to be elected to this post when he was elected President of the Court in 1973. His presidency turned out to be difficult, however, as the progressive differences made it difficult to establish constructive majorities. Increasingly, the judges went over to drafting special opinions, which made finding a common ratio decidendi a complicated undertaking. Some people today are of the opinion that the presidency came too early for Salmon because, as a comparatively new and young member of the Court of Justice, he did not yet have the necessary political experience in this difficult phase to master the existing problems. However, Salmon also used his time as president to initiate numerous changes. In particular, he advocated strengthening relations between the Court of Justice and the other UN bodies and advocated that an annual report should be sent to the General Assembly every year - the meetings of which he often attended. He also promoted the inclusion of the court in the social, intellectual and cultural environment of his host country, the Netherlands , and maintained close ties with Queen Juliana and her Prince Consort Bernhard zur Lippe-Biesterfeld .

The composition of the court gradually changed in the years to come, with the departure of older, more traditional judges and the appointment of new, progressive judges. This allowed for more innovative decisions and the number of cases pending before the court increased rapidly. Salmon was confirmed in office with excellent results in both 1975 and 1984, although anti-Semitic currents had erupted in Poland in the meantime , which had cost many of his Polish colleagues their posts.

Act as a judge

Characteristic of Lachs' judicial activity was his reluctance to write dissenting opinions . During his entire term of office he deviated from the majority opinion only twice, the first time immediately in his first case, the North Sea-Continental Shelf case , and the second time in 1982 in the Application for Review of Judgment No. 273 of the United Nations Administrative Tribunal . Instead of distinguishing himself from the majority opinion by means of a formal dissent, Lachs preferred the more diplomatic form of a separate opinion , i.e. a deviating minor opinion that ultimately agrees with the majority opinion, but with a different reason or a clarification of the reason. His long-time colleague Hermann Mosler suspected that his professional experience in communist Poland had taught him to “weigh up his words” and to use his powers of persuasion instead of going into the opposition with a dissent. Many of his Separate Opinions could easily have become Dissenting Opinions , but Lachs preferred to work with the majority in order to bring the trials to an end.

The case of "Military and Paramilitary Activities in and against Nicaragua"

Manfred Lachs (right) during a session of the ICJ on the case of "Military and paramilitary activities in and against Nicaragua" (1984)

In the context of the "Military and paramilitary activities in and against Nicaragua" case, there was a scandal that personally affected Manfred Lachs and kept him busy for a long time. Nicaragua had brought a lawsuit against the United States in the International Court of Justice, alleging that the United States supported the paramilitary contras and carried out armed attacks against Nicaragua. The United States contested the jurisdiction of the International Court of Justice. After the procedural objections of the USA were rejected by the court with a majority of eleven to five, fourteen to two and fifteen to one vote, the United States withdrew from the further proceedings. In the press release of the US State Department of January 18, 1985, sharp criticism of the "judges from the Warsaw Pact states" was expressed.

“[The] Court is determined to find in favor of Nicaragua in this case. [...] Much of the evidence that would establish Nicaragua's aggression against its neighbors is of a highly sensitive intelligence character. We will not risk US national security by presenting such sensitive material in public or before a Court that includes two judges from Warsaw Pact Nations. ”

“[The] Court is determined to rule this case in Nicaragua's favor. […] Much of the evidence that would prove Nicaragua's attacks on its neighboring states is of a highly sensitive intelligence nature. We are not going to risk the national security of the United States by presenting such sensitive material publicly or in a court of justice composed of two judges from the Warsaw Pact states. "

- U.S. Department of State

These statements were already baseless in view of the clear majority of votes against the USA, which went far beyond Lachs and his Soviet colleague Plato Dmitrijewitsch Morosow and also included numerous Western judges. They were subsequently expressly rejected by the British judge Sir Robert Yewdall Jennings , one of the three judges who supported the US position in the final judgment. He emphasized that, in accordance with its statute, the International Court of Justice was made up of members who were supposed to ensure representation of the major cultural groups and the main legal systems of the world, and regretted that the US had nonetheless based its opinion on the nationality of two judges.

In fact, numerous studies on the voting behavior of Western and Soviet and Eastern European judges show that there are no significant differences either in the votes cast or in the legal doctrinal reasoning behind them . Salmon in particular had deviated from the majority decision only once in the 20 votes he had cast up to then. After the resignation of his Soviet colleague Morosow in 1985, Lachs was the only judge of an Eastern Bloc state to be exposed to further criticism, which was also voiced by several American legal scholars. On July 26, 1986, the New York Times published a letter in which Salmon publicly opposed criticism. He pointed out that, under Article 2 of its Statute, the International Court of Justice is composed of independent judges who are chosen regardless of their nationality. Therefore, the members of the Tribunal should not be identified with the political systems of their home states.

On August 17, 1989, he turned to the American Journal of International Law , which published his letter in 1990. In it, Salmon recalled that it had been the United States that had nominated Salmon for election to the International Court of Justice three times. He also pointed out that there was no connection between the political attitudes of a judge's home country and their voting behavior - numerous judges in the history of the court would have been nationals of dictatorships or totalitarian regimes. He referred to the statistics, which in the voting behavior of judges from Western countries and that of judges from Eastern Bloc countries could not prove any major deviations and, in particular, to his own assessment of having voted with a majority in 19 of 20 judgments. While the US utterances in today's literature are valued as a defiant reaction to the defeat in court influenced by the tensions of the Cold War , they hurt Manfred Lachs very much.

Work as a university professor

The Pałac Kazimierzowski of the University of Warsaw in 1964

During his years in the Ministry of Foreign Affairs, at the United Nations and at the International Court of Justice, academic teaching was always of particular importance to Manfred Lachs. In 1949 he was appointed professor at the Academy of Political Science in Warsaw, from 1952 until his death he was professor of international law at the University of Warsaw. He was also a member of the Polish Academy of Sciences and from 1951 to 1966 director of its Institute of Law. He taught at the Hague Academy for International Law , of whose board of trustees he was a long-time member and temporarily Vice-President, and visited numerous universities and academies around the world as a guest lecturer .

That university teaching was important to him later became clear with the publication of his work “The teacher in international law: teachings and teaching” (1982), for which he received the American Society of International Law Award for creative scholarship in 1983 . During his tenure at the International Court of Justice, Salmon often received scholars and students from his home country and used his salary to finance a scholarship that allowed a Polish student to attend the Hague Academy of International Law every year. He also served for years as presiding judge at the Telders International Law Moot Court in the Peace Palace in The Hague. He made one of his last trips to Washington, DC in September 1992 for a moot court at the World Space Congress, in which he served as a judge with Stephen M. Schwebel and Gilbert Guillaume .

Contributions to space law

Over the course of his career, Salmon has also dealt extensively with the nascent area of space law . In 1962 he was elected chairman of the Legal Subcommittee on the Peaceful Uses of Outer Space, and during this time he developed the committee into an innovative forum for young, creative international lawyers who laid the foundations for the as yet undeveloped space law. For example, during his chairmanship, the “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space” (1963) was adopted and the preparation for the later Space Treaty (1967) was carried out. In addition, Salmon published in the field of space law. His work "The Law of Outer Space" (1972) is considered one of the classics in this field.

Salmon died in The Hague at the beginning of 1993 around three months before his 79th birthday. The Hungarian constitutional judge Géza Herczegh was elected as his successor at the ICJ . After his death, the Manfred Lachs Space Law Moot Court, which is organized every year by the International Institute of Space Law, was named after him in his honor.

Reception and aftermath

Legal philosophical views

Manfred Lachs was close to the doctrine of legal realism . He did not see international law as a closed normative system, but as a living process that also includes what the parties have viewed as legally binding in their relationships with one another. He not only rejected the positivist view that contracts are only binding for the contracting parties, but also included the other legal relationships that had arisen through the contracting process. In the Nuclear Tests, Judgment (1974), Lachs took the position that law is what the parties actually see as legally binding, regardless of the formal legal category in which this obligation can be classified. In addition, Lachs believed that law should be understood as a dynamic process and never as a static catalog of norms. Regulations must always be interpreted in the light of current social developments and needs, instead of sticking to an interpretation that was current at the time the norm was created. Salmon also had firm ideas about the role of the International Court of Justice in the structure of the United Nations. A strictly Montesquieu separation of powers , as can be found in numerous national political systems, he rejected for the UN organs. For him, the Court of Justice and the other organs, such as the Security Council and the General Assembly , all had a common interest in resolving international conflicts, although they could act jointly or separately and were limited in their activities solely by the consideration of the other organs.

In addition, Manfred Lachs consistently pursued the principle in his career of settling disputes as quickly as possible and re-establishing a harmonious relationship between the parties. This can be seen in the Nuclear Tests, Judgment , in which the court, led by Lachs, succeeded in drafting a judgment that ended the French nuclear tests in the South Pacific without the French government losing face. The clearest example of this, however, was provided by Lachs as chairman of a three-person court of arbitration in the Guinea v Guinea-Bissau case . Due to the ongoing tension between the two parties, it was feared that the announcement of the award on February 14, 1985 would lead to a final break between the two states. Salmon therefore decided to deviate from normal practice and not read the award. Instead, he made a short speech to the parties assuring them that the interests of both states would be considered in the award and that both parties would get what they would expect. He handed them the award and asked them to return to their hotels to study it there in peace. A second meeting should then take place. This unconventional method proved to be a success, as both parties in the award focused on the passages that were positive for them, so that they later both recorded the result as a success for their side.

Lachs saw a mixture of arbitration and traditional court proceedings in the international legal process . He was a member of an arbitration tribunal several times at international level. But also as a judge at the International Court of Justice, he saw his role not only in writing a judgment, but also in creating harmony between the parties.

Awards and recognition

Manfred Lachs has received several awards in the course of his long career for his services to international law in general and space law in particular. In 1963 he was awarded the Andrew Haley Prize of the Institute of Space Law of the International Astronautical Federation , in 1964 he was made an honorary member of the International Academy of Astronautics and in 1966 he received the gold Andrew Haley Medal of the Institute of Space Law of the International Astronautical Federation. He also received the World Jurist Award in Washington in 1976 and the Dutch Wateler International Peace Prize in 1977. In 1990 he was elected President of the International Institute of Space Law (IISL) and that year also held the Röling Chair at the University of Groningen , named after the Dutch international lawyer Bert Röling . Most recently he received a Medal of Merit from the University of Leiden in 1992 .

Salmon has received honorary doctorates from universities in Budapest , Algiers , Brussels , Bucharest , Halifax (Dalhousie) , Delhi , Helsinki , Washington DC (Howard) , London , New York , Nice , Sofia , Southampton and Vienna . In 1963 he was accepted into the Institut de Droit international . He was also a member of the Polish Academy of Sciences and the Academy of Sciences of Bologna and was an honorary member of the American , Indian and Mexican Societies for International Law, as well as the Hague Institute for Social Studies (since 1982) and the Athens Delian Institute for International Relations. In his home country he has received numerous awards, such as the Polish Minister's Prize for Higher Education (1958), the Gold Medal of the Union of Polish Students (1960), the First Prize for Scientific Achievement from the Polish Academy of Sciences, and the Gold Cross of Merit of the Republic of Poland and Commander with Star, Commander and Officer of the Order of Polonia Restituta .

On the occasion of his 100th birthday, a bust donated by his home country was inaugurated at the International Court of Justice in April 2014 as part of a memorial event organized by the Court of Justice and the Polish Embassy in the Netherlands.

Works (selection)

The most important works by Manfred Lachs include:

• War Crimes - An Attempt to Define the Issues . London 1945
• The Geneva Agreements on Indochina . Warsaw 1955
• The multilateral treaties . Warsaw 1958
• The collective security (Ed. Gerhard Reintanz ). Berlin 1956
• The western border of Poland . Warsaw 1964
• The law of outer space . Leiden 1972, ISBN 90-286-0212-7
• The teacher in international law: teachings and teaching . The Hague 1982, ISBN 90-247-2566-6

literature

• Edward McWhinney : Judge Manfred Lachs and Judicial Law-Making. Kluwer Law International, The Hague 1995, ISBN 90-411-0125-X .
• Edward McWhinney: The Inaugural Manfred Lachs Memorial Lecture - Manfred Lachs and the International Court of Justice as Emerging Constitutional Court of the United Nations. In: Leiden Journal of International Law. 8 (1 )/1995. Cambridge University Press, pp. 41-52, ISSN  0922-1565 .
• Jerzy Makarczyk (Ed.), Institute of State and Law of the Polish Academy of Sciences (Ed.): Essays in International Law in Honor of Judge Manfred Lachs. Martinus Nijhoff Publishers, The Hague 1984, ISBN 90-247-3071-6 .
• Karl-Heinz Böckstiegel : In Memoriam Manfred Lachs. In: Journal of Air and Space Law. 42/1993. Institute for Air and Space Law at the University of Cologne, pp. 115–116, ISSN  0340-8329 .
• Oscar Schachter : In Memoriam: Judge Manfred Lachs (1914–1993) - The UN Years: Lachs the Diplomat. In: American Journal of International Law. 87 (3 )/1993. American Society of International Law, pp. 414-416, ISSN  0002-9300 .
• Stephen M. Schwebel : In Memoriam: Judge Manfred Lachs (1914-1993) - On the Bench: Lachs the Judge. In: American Journal of International Law. 87 (3 )/1993. American Society of International Law, pp. 416-419, ISSN  0002-9300 .
• Thomas M. Franck: In Memoriam: Judge Manfred Lachs (1914-1993) - The Private Salmon: Life as Art. In: American Journal of International Law. 87 (3 )/1993. American Society of International Law, pp. 419-420, ISSN  0002-9300 .
• Sudhir K. Chopra: In Memoriam: Judge Manfred Lachs (1914-1993) - The Teacher: Salmon at the Hague Academy. In: American Journal of International Law. 87 (3 )/1993. American Society of International Law, pp. 420-423, ISSN  0002-9300 .
• Isabella Henrietta Philepina Diederiks-Verschoor: Judge Manfred Lachs: To Obituary . In: Journal of Space Law . 22/1994. University of Mississippi, School of Law, pp. 1-3, ISSN  0095-7577 .
• Steven Gorove: In Memoriam: Judge Manfred H. Lachs (1914-1993) . In: Journal of Space Law . 21/1993. University of Mississippi, School of Law, S. I, ISSN  0095-7577 .

Web links

• Homepage of the Manfred Lachs Space Law Moot Court (English)
• IGH press release on the occasion of the death of Manfred Lachs (PDF; 165 kB; English)

Individual evidence

1. ^ So Oscar Schachter: In Memoriam: Judge Manfred Lachs (1914-1993) - The UN Years: Salmon the Diplomat . AJIL 1993, p. 414; According to another source, he was a magistrate: Die Zeit , No. 50/1987 .
2. ^ So Louise Mooney Collins, Lorna Mpho Mabunda: The Annual Obituary 1993 . St. James Press, Detroit 1994, ISBN 1-55862-320-5 , p. 50; according to another source, his mother was called Zona Salmon, see The International Who's Who, 1984-1985 . 48th edition. Europa Publications, London 1984, ISBN 0-905118-97-9 , p. 791.
3. ↑ Oscar Schachter: In Memoriam: Judge Manfred Lachs (1914-1993) - The UN Years: Lachs the Diplomat . AJIL 1993, p. 414; Schwebel, Stephen M. , In Memoriam: Judge Manfred Lachs (1914-1993) - On the Bench: Lachs the Judge, AJIL 1993, p. 416; Diederiks-Verschoor, IH Ph. , Judge Manfred Lachs: An Obituary, Journal of Space Law 1994, p. 1.
4. ↑ Oscar Schachter: In Memoriam: Judge Manfred Lachs (1914-1993) - The UN Years: Lachs the Diplomat . AJIL 1993, p. 414.
5. ↑ Stephen M. Schwebel: In Memoriam: Judge Manfred Lachs (1914-1993) - On the Bench: Lachs the Judge . AJIL 1993, p. 416.
6. ^ Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . S. 3. Diederiks-Verschoor, IH Ph. , Judge Manfred Lachs: An Obituary, Journal of Space Law 1994, p. 1 (3).
7. ^ Refurbished Rapacki plan . In: Die Zeit , No. 2/1964
8. ^ A subcommittee of the COPUOS Space Committee .
9. ↑ The representative of Guinea declared: “A glance at the nationality […] of these seven Judges […] is enlightening in this respect. It is enough to see that these Judges are from Greece, Italy, the United Kingdom and France - all countries that give unqualified support to the rash policies of South Africa and secretly uphold that country because of the enormous profits that their economies derive from the pitiless implementation of the policy of economic and social slavery known as apartheid. […] The underhand tactics of Sir Percy Spender […] show clearly that this Judge, from a country where it is not so long since the aborigines were treated worse than the non-Whites of South-Africa, has chosen to hold high the torch of anachronistic racism and colonialism […]. / A look at the nationality [...] of these seven judges [...] is informative in this regard. Suffice it to say that these judges come from Greece, Italy, the United Kingdom and France - all countries that fully support the rash policies of South Africa and are secretly sustaining the country because of the enormous profit their economies have made from the relentless implementation of the policy social slavery known as apartheid. […] Sir Percy Spender's secret tactics […] clearly show that this judge, from a country where it has not been long since the Aborigines were treated worse than the non-whites in South Africa, has decided, to hold high the torch of anachronistic racism 'and colonialism' ”, Official Records of the General Assembly, 1414th meeting, 23 September 1966, p. 14 f.
10. ↑ See only the statements of the representative of Guinea (Official Records of the General Assembly, 1414th meeting, September 23, 1966, p. 15), the Representative of India (Official Records of the General Assembly, 1417th meeting, September 26, 1966, p . 12), of the representative of Tanzania (Official Records of the General Assembly, 1417th meeting, September 26, 1966, p. 19), of the representative of Sierra Leones (Official Records of the General Assembly, 1419th meeting, September 27, 1966, p. 13), the representative of the Central African Republic (Official Records of the General Assembly, 1427th meeting, October 3, 1966, p. 7), the Representative of the Ivory Coast (Official Records of the General Assembly, 1429th meeting, October 4, 1966, p . 17), the representative of the Congo (Official Records of the General Assembly, 1431th meeting, October 5, 1966, p. 1) and the representative of Tunisia (Official Records of the General Assembly, 1431th meeting, October 5, 1966, p. 3 ).
11. ^ Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 15.
12. ^ Sketches of the Five New Judges. Manfred Salmon . In: The New York Times . Edition dated November 4, 1966.
13. ↑ "Regarded as one of the ablest Jurists elected to court in recent years." In: Sketches of the Five New Judges. Manfred Salmon . In: The New York Times . Edition dated November 4, 1966.
14. ^ Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 83.
15. ^ Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 17.
16. ↑ Dissenting Opinion ( Memento from February 26, 2016 in the Internet Archive ) (PDF; 2.7 MB) accessed June 3, 2009.
17. ↑ The Dissenting Opinion is available under Dissenting Opinion ( Memento from March 4, 2016 in the Internet Archive ) (PDF; 3.0 MB) accessed June 3, 2009.
18. ^ Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 11.
19. ↑ Oscar Schachter: In Memoriam: Judge Manfred Lachs (1914-1993) - The UN Years: Lachs the Diplomat . AJIL 1993, p. 414 (415); Schwebel, Stephen M. , In Memoriam: Judge Manfred Lachs (1914-1993) - On the Bench: Lachs the Judge, AJIL 1993, p. 416 (418); Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 9.
20. ↑ For the press release see Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 8.
21. ^ "I also wish to express my regret that, in a Court which by its Statute is elected in such a way as to assure 'the representation of the main forms of civilization and of the principal legal systems of the world', the United States in its statement accompanying the announcement of the non-participation in the present phase of the case should have chosen to refer to the national origins of two of the Judges who took part in the earlier phases of the case. "Sir Robert Jennings, ICJ Reports 1986, p. 528.
22. ↑ See Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 9, for a list of exemplary studies.
23. ↑ "You can surely not ignore the fact that what you term a 'hostile forum' is, to quote Article 2 of the Court's statute, 'a body of independent judges, elected regardless of their nationality (etc.)." The members of the Court are therefore not to be pre-identified with the political systems of states of which they are nationals. "Manfred Lachs, New York Times, July 26, 1986.
24. ^ "May I recall that the judge in question [Salmon] was three times nominated for election by the national group of the United States, which obvisouly did not see any obstacle in his becoming a Member of the Court. [...] the attitude of the country of origin of a judge has little in common with his voting […]. Many judges were nationals of states ruled by dictators, totalitarian regimes or military leaders. "Manfred Lachs, American Journal of International Law, Vol. 84, 1990, p. 231.
25. ^ "I hope that these clarifications will put an end to a campaign of misconceptions and distortions which have bedevilled the issues involved. Readers […] who study the statistical tables […] will, I am sure, soon discover not only that such figures lend little credibility to fears that some judges may imbalance the Court's decisions by voting on predertermined lines according to the political alignment of theirs countries of origin […]. During my service on the Court I voted in favor of 19 of 20 judgments delivered by it. A record that has not been surpassed. "Manfred Lachs, American Journal of International Law, Vol. 84, 1990, p. 231.
26. ^ Compare Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 10.
27. ↑ Oscar Schachter: In Memoriam: Judge Manfred Lachs (1914-1993) - The UN Years: Lachs the Diplomat . AJIL 1993, p. 414 (415). Stephen M. Schwebel: In Memoriam: Judge Manfred Lachs (1914-1993) - On the Bench: Lachs the Judge . AJIL 1993, p. 416 (418). Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 9.
28. ^ Institute of State and Law of the Polish Academy of Sciences (Ed.): Essays in International Law in Honor of Judge Manfred Lachs . P. 13. Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 2.
29. ↑ For the text of the address see Edward McWhinney: Judge Manfred Lachs and Judicial Law-Making . P. 103 ff.
30. ↑ icj-cij.org (PDF; 165 kB) accessed June 3, 2009.

This version was added to the list of articles worth reading on May 10, 2009 .