9:1 – Winter 1985

United States Policy in Africa: An Interview with Frank G. Wisner
Frank G. Wisner is currently Senior Deputy Assistant Secretary of State for African Affairs in the U.S. Department of State. In this capacity he recently has been engaged in the so-called “contact group” negotiations with the parties to the dispute in southern Africa. He is a career foreign service officer whose most recent prior postings have been Director and Deputy Executive Secretary of the Office of Southern African Affairs (1976-1979), and Ambassador to Zambia (1977-1982). In this interview, Ambassador Wisner outlines the major interests and policy objectives of the United States on the continent of Africa, focusing especially on the issues of southern Africa. He describes the U.S. policy of constructive engagement with respect to South Africa and its participation in negotiations aimed at reducing tensions in the region, expressing the view that only through such direct contacts can the U.S. hope to reduce the violence and oppression prevalent in the region and thereby create conditions which can expedite its social and economic development.

The Judiciary in Africa
Dr. T. Akinola Aguda
Dr. T. Akinola Aguda has since 1978 been Director of the Nigerian Institute for Advanced Legal Studies in Lagos. In addition to his academic experience, Dr. Aguda has held numerous judicial posts, including Chief Judge of the Ando State and the Western State of Nigeria, Chief Judge of the Republic of Botswana, Judge of Appeal of the High Court of the Kingdoms of Lesotho and Swaziland, and his current post of Judge of Appeal of the High Court of Justice of Botswana. In his article, Dr. Aguda examines the potential power which members of the judiciary in Africa can derive through a constitutionally-based system of government for the administration of justice according to the rule of law. He analyzes the inherent and practical limitations upon this power which may be felt in cases of opposition by the executive branch, constitutional crisis, as in revolutionary states, and suppression of judicial autonomy, as may occur in one-party states. Having presented these theoretical points, Dr. Aguda cites numerous examples drawn from anglophone Africa to illustrate both the practical impact of the judiciary in upholding the rule of law and the factors which mitigate against the judge’s contribution to the building of social justice on that continent.

United States Participation in the International Telecommunication Union: A Series of Interviews
Robert A. Kinn
The International Telecommunication Union (ITU) is the oldest existing international organization. The increasing growth and application of telecommunications technology is fast creating global problems which the ITU is unaccustomed to handling. In this series of interviews Robert A. Kinn takes an in-depth look at recent U.S. involvement in the ITU and the direction future involvement will take. His questions address the perceived “politicization” of the ITU and U.S. strategies for dealing with the growing complexities involved in the international regulation of communications. The author sees the Office of Coordinator for International Communication and Information Policy as the first step towards the formation of a U.S. strategy for coping with growing international telecommunications needs. The growing importance of financial and technical assistance for telecommunications in developing countries is also addressed by Mr. Kinn. He concludes by looking at future ITU conferences, such as the “Space WARC” in August 1985, and U.S. policy-formation for that conference.

Dissent and Decision-Making: A Study of George Ball’s and John McNaughton’s Opposition to the Vietnam War
Ross A. Kennedy
During the Vietnam War, public condemnation of continued U.S. involvement in Vietnam reached proportions unequaled during any previous war. Inside the government as well, there were voices which spoke, albeit carefully, against the continuing escalation of U.S. troops in Indochina. In this article, Ross A. Kennedy examines the processes of dissent and their influence on decision-making within the government. He discusses in detail the differing tactics of Under Secretary of State George Ball and Assistant Secretary of Defense John McNaughton in their attempts to alter governmental policy towards the war. After reviewing the efforts and tactics of these men with regard to their different positions within the government, Mr. Kennedy explores in detail their successes and failures. The author concludes by assessing legitimate channels for dissent within the government and the inherent failure of those channels to allow both Ball and McNaughton to speak against governmental policies with members of the administration.

The Evolution of Multilateral Export Controls: A Critical Study of the CoCom Regime
Timothy Aeppel
With the increasing importance of high technology to the international economy, the need for effective export controls has been an area of increasing concern in recent years. The “Coordinating Committee on Export Controls” (CoCom), whose members include most of the NATO countries, has played an important role in controlling exports to communist countries. In this article, Timothy Aeppel argues that differences of perspective arising from the various “national styles” of CoCom member countries have reduced the effectiveness of CoCom. He then examines specific types of governmental disagreements about CoCom requirements, and discusses the ways in which those requirements have been circumvented. In conclusion, Mr. Aeppel asserts that for CoCom to overcome its internal disputes and remain an effective institution, concessions will have to be made on all sides.

Portugal: From Empire to Nation-State
José A. Santos
In the mid-1970s, Portugal underwent a social revolution which caused the dismantling of its far-flung colonial empire. In this article, José Santos draws the important link between Portugal’s domestic situation and its international position in the world, particularly in NATO, Europe, and Africa. He points out that the 1974 coup, which resulted in near chaos in Portugal, was to a large extent precipitated by the African policy of the Salazar-Caetano regime. He argues that although Portugal has ended its 600-year quest for a global empire, it is performing a new role in Africa, especially in its former colonies. Because Portugal’s policies in those countries are aimed at benefitting the Alliance, the members of the Atlantic community have an interest in assisting Portugal in pursuing its objectives in Africa.

Renaissance Through Technology: The European Community Decision on ESPRIT
Pierre-Henri Laurent
The recent European Community (EC) decision to fund a new high- technology program known as ESPRIT (European Strategic Program for Research in Technology) is a major step towards EC unity in an area of growing importance. The development of information technology is a field in which Europe has been falling far behind the United States and Japan in recent years. In this article Pierre-Henri Laurent discusses the pressures behind the EC agreement to establish ESPRIT. He analyzes future European requirements in the information sector and the impact which ESPRIT could have on the European economy in general. ESPRIT marks a major new European initiative towards closing the gap between the levels of European and U.S. Japanese technological development, he argues. Mr. Laurent reviews the problems inherent in a program requiring long-term economic and political support from all EC members and suggests areas where short- term results could help promote the program. The author concludes by assessing the prospects of EC unity in sustaining support for ESPRIT and the consequences for all involved if this new program fails.

Symbolism and Substance: Henry Kissinger and the Year of Europe
D. Brent Hardt
One of the most able and controversial statesmen of the century, Henry Kissinger was nonetheless unable to achieve Atlantic unity during his years as Secretary of State. His failures, though, stem not from a lack of concern towards Europe but more from a lack of understanding of how best to approach and secure NATO unity. In this article D. Brent Hardt explores Kissinger’s views on alliance unity as exemplified in his Year of Europe with reference to his scholarly works. He reveals how Kissinger’s work on nineteenth century European unity affected his views of twentieth-century Atlantic relations. Mr. Hardt discusses Kissinger’s plan for unifying Europe and America as part of a deeply personal vision, one which ultimately failed because no other Western leader shared that vision. After examining Kissinger’s grand design for alliance unity from both a European and an American perspective, Mr. Hardt points out the difficulty in translating a symbolic vision of unity into a substantive program for achieving that unity. The author concludes by assessing the prospects of a symbolic unity between the U.S. and Europe outlined by Kissinger both now and in the future.

No-First-Use in U.S. Diplomacy, Deterrence Strategy, and Public Opinion
Richard D. Nethercut
When McGeorge Bundy, George Kennan, Robert McNamara, and Gerard Smith first proposed a no-first-use policy for the United States, they wrote that they aimed “to start a discussion, not to end it.” In this article, Richard D. Nethercut offers his contribution to the ongoing debate over no-first-use. The author notes that unlike the Soviet Union and the People’s Republic of China, the United States does not have a clearly defined declaratory policy on the use of nuclear weapons. He reveals how this policy of ambiguity hinders the U.S. both abroad and at home. Nethercut provides a broad framework for U.S. nuclear policy and concludes that the U.S. should unilaterally endorse the concept of no-first-use with a multilateral NATO exception, as this would reduce tension, improve the prospects for arms control, make the American threat more credible, and present to the world a more responsible image of the U.S.

Practice as a Guide to Treaty Interpretation
Gerald P. McGinley
When interpreting international agreements, courts have often sought guidance in subsequent practice of the parties to the agreements. The types of practice which may be examined, and the probative weight the practice deserveshowever, have been matters of some dispute. The author explores the approaches taken by the International Court of Justice, examines the juridical basis of practice as an interpretive guide, and concludes that the proper role of practice is as evidence of a treaty’s common sense meaning.

International Law: An Interview with Oscar Schachter
Oscar Schachter is the Hamilton Fish Professor of International Law and Diplomacy at the Columbia University School of Law, and since 1978 has been Editor-in-Chief of the American Journal of International Law. Prior to 1975, he served as Director of the legal division of the United Nations and as Director of Studies at the U.N. Institute for Training and Research. In the following interview, professor Schachter draws on his experience as both a scholar and a practitioner to provide a general overview of some of the key issues in international law, including the theoretical basis of the international legal order, the process by which that order evolves, contending approaches to treaty interpretation, and the role of international organization in the changing world order.

Book Reviews

Uncovering the Secrets of International Law: A Survey of Introductory Literature

The Soviet Impact in Africa
edited by Mark V. Kauppi and Craig R. Nation

From H-Bomb to Star Wars: The Politics of Strategic Decision Making
by Jonathan B. Stein

9:2 – Summer 1985

8:2 – Summer 1984