Topic 1

 

Introduction

 

            The United Nations Security Council, in Resolution 1441 (November 8, 2002), unanimously deplored Iraq's lack of compliance with Resolution 687 (1991) on inspection, disarmament and renunciation of terrorism in Iraq, and went on to make several decisions under Chapter VII of the U.N. Charter. Resolution 687, like Resolution 1441, was adopted under Chapter VII.  Chapter VII gives the Council the authority to determine the existence of a threat to the peace, breach of the peace or act of aggression, and to take action accordingly. 

 

In its current Term, the Supreme Court will address aspects of the Foreign Sovereign Immunities Act for the first time since its decision in Saudi Arabia v. Nelson a decade earlier. [1]   Although the issues in Dole Food Company v. Patrickson appear technical, they are not without practical significance, and one of them raises profound questions about the nature of foreign sovereign immunity.

 

 

According to news reports, President Bush and his advisors are developing a new national security strategy based on pre-emptive action against terrorist groups and states that are trying to develop weapons of mass destruction.  It has been reported that the new policy reserves the right to act even if the threat is not judged to be imminent.  The pre-emptive action would not necessarily involve armed force, but that option is not ruled out.