1. G.W. Leibniz is the main advocate of the theory of international legal personality, which he linked to a notion of relative sovereignty. This paragraph builds on its excellent treatment by Nijman (2004).
2. Yearbook of the International Law Commission, 1973, II, p. 177. See also the award in the Spanish Zones of Morocco Claims Case (Britain v. Spain), 2 RIAA 615, 1925, p. 641 (“[R]esponsibility is the necessary corollary of a right. All rights of an international character involve international responsibility”) and the separate opinion of judge Séfériadés in the Lighthouses in Crete and Samos Case (France v. Greece), PCIJ Series A/B no. 62, 1937, p. 45.
3. Note, however, that the United States argued that such multilateral support the war on terrorism was welcome, but not strictly necessary. Colin Powell made this position clear when he stated that “At the moment, notwithstanding all of the coalition building we have been doing, President Bush retains the authority to take whatever actions he believes are appropriate in accordance with the needs for self-defense of the United States and of the American people. We will be going to the UN for additional support ... but, at the moment, should the President decide that there are more actions he has to take, he will make a judgment as to whether he needs UN authority or whether he can just rely on the authority inherent in the right of self-defence...:’ Secretary Colin Powell, Remarks with His Excellency Brian Cowen, Minister of Foreign Affairs of Ireland, September 26, 2001 available at
http://www.yale.edu
/lawweb/avalon/sept_11/powell_brief19.htm
4. See Bob Woodward and Thomas E. Ricks, Washington Post Staff Writers, Wednesday, October 3, 2001, “CIA Trained Pakistanis to Nab Terrorist But Military Coup Put an End to 1999 Plot,” available at
http://home.pacbell.net
/reichar/operation.html: In the aftermath of last month’s attacks on the United States, which the Bush administration has tied to bin Laden, Clinton officials said their decision not to take stronger and riskier action has taken on added relevance. “I wish we’d recognized it then,” that the United States was at war with bin Laden, said a senior Defense official, “and started the campaign then that we’ve started now. That’s my main regret. In hindsight, we were at war.”
5. J. Straw, “Principles of a Modern Global Community,” April 10, 2002, available at www.britemb.org.il/news/straw100502.html, emphasis added (accessed on April 23, 2007).