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Contents

I. REMEMBRANCES - SOUVENIRS PERSONNELS
Hisashi Owada on Géza Herczegh's life
Gilbert Guillaume: Géza Herczegh, juge à la Cour internationale de justice
Rosalyn Higgins: Géza Herczegh - Our Colleague and Friend at the International Court of Justice
Paczolay Péter: Emlékek Herczegh Géza Gáborról

II. HISTORY AND DIPLOMACY - HISTOIRE ET DIPLOMATIE
Péter Kovács: A propos du chemin vers l'arbitrage de Vienne de 1938

III. HUMAN RIGHTS, MINORITIES AND INTERNATIONAL LAW - DROITS DE L' HOMME, MINORITÉS ET DROIT INTERNATIONAL
Gábor Kardos: Two examples of the legal labyrinth of minority identities
Ferenc Kondorosi: Global human rights profile at the threshold of the XXI century
Eszter Kirs: Interpretation of international courts with regard to certain aspects of the crime of genocide

IV. INTERNATIONAL COURT OF J USTICE - COUR INTERNATIONALE DE JUSTICE
Alain Pellet: Some remarks on the recent case law of the International Court of Justice on responsibility issues
Dobromir Mihajlov: An infrequently invoked jurisdictional clause conferring jurisdiction on the International Court of Justice provided for in a European convention
Gábor Sulyok: General principles of law as a source of international law
Lamm Vanda: A Nemzetközi Bíróság tanácsadó véleményezési gyakorlatának fejlődése
Valki László: Válaszolhatott volna másként Hága? A Nemzetközi Bíróság tanácsadó véleménye Koszovó függetlenségéről
Árpád Prandler: The advisory opinion of the International Court of Justice on the "Accordance with international law of the unilateral declaration of independence in respect of Kosovo" ( 22 July 2010) and Security Council Resolution 1244 (1999)

V. NATURAL ENVIRONMENT AND INTERNATIONAL LAW - ENVIRONNEMENT ET DROIT INTERNATIONAL
János Bruhács: The international river law in the early 2000's
James Crawford: In dubio pro natura: The dissent of judge Herczegh
Marcel Szabó: Implementation of the 25th September, 1997 Judgement of the International Court of Justice - comparing theoretical perspectives and practice

VI. INTERNATIONAL LAW, EU-LAW AND JURISPRUDENCE OF THE HUNGARIAN CONSTITUTIONAL COURT - DROIT EUROPÉEN , DROIT INTERNATIONAL ET LA JURISPRUDENCE DE LA COUR CONSTITUTIONNELLE HONGROISE
Blutman László: Milyen mértékben nemzetközi jog az Európai Unió joga a magyar alkotmányos gyakorlatban?
Elisabeth Sándor-Szalay: The interpretation of EU law - at the border of constitutional law and international law?

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Foreword

Professor and Judge Géza Herczegh was an outstanding figure of the small community of the Hungarian international lawyers. Since the beginning of his academic carrier, he devoted himself to helping young colleagues and to their promotion at the beginning and throughout of their scientific life. His ambition was to link the way of thinking of Hungarian international lawyers to that of leading western scholars and he was very proud to see references to pieces of Hungarian legal literature in books and articles written in different fields of international law.

Although he had never been in the army, he became a military expert and a specialist of international humanitarian law: in this capacity, he could participate in the Hungarian delegation sent to the 1974-1977 Geneva Diplomatic Conference preparing the additional protocols to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Armed Conflicts.

Born as a member of the Hungarian minority in the newly created Czechoslovakia and acquiring Hungarian citizenship only after the second marriage of his mother, the question of the due attentation to be paid by the international community to the situation of ethnic and linguistic minorities was always important for him and became even more so, when, after the demolition of the Berlin wall, the newly unified Europe showed readiness to elaborate a new, rather comprehensive international legal framework for the benefit of minorities.

In Hungary, his professional reputation was crowned by his election into the Hungarian Academy of Sciences and then into the Constitutional Court where he assumed the functions of vice president. He was elected into the International Court of Justice in 1993 and he served there until 2003. There, he became member of the silent majority: he was very proud of his participation in the drafting committee of most of the great cases of the ICJ which explains why he was the author of only a few dissenting opinions.

Those who knew him personally, were impressed by his modesty and deep knowledge of contemporary history and especially the two world wars and the period in between. For him, history and international law were strongly interrelated.

After his death in 2010 and around his birthday in October, the Péter Pázmány Catholic University, also as a depositary of his library of international law and history, organized a memorial conference. The present book is the compilation of the lectures delivered at the conference of October 16, 2010, which had the ambition to embrace the main fields of interest of judge Herczegh, namely 1) diplomatic history of Hungary, 2) human rights, protection of national minorities, international humanitarian law 3) issues and challenges before the International Court of Justice, 4) the protection of national environment in international law, 5) constitutional jurisprudence and European & international law.

In order to make them accessible to foreign readers, most lectures delivered originally in Hungarian were written in English or in French. (The few ones, written in Hungarian, are accompanied with a short English summary.) We are very proud and grateful that president Hisashi Owada and two former presidents of the International Court of Justice, Rosalyn Higgins and Gilbert Guillaume, and two members of the International Law Commission, Alain Pellet and James Crawford joined us in the preparation of the memorial book.

We do hope that this book will give an impetus to the enlargement of the already existing transborder scientific understanding and collaboration and having read the book, the reader will have a better understanding of the importance of the intellectual legacy of professor Géza Herczegh.

PÉTER KOVÁCS,
professor,
member of the Constitutional Court
editor of the book
May 2011

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