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Oxford Law Citator
Contents
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Preliminary Material
Foreword by the UN Secretary-General
Foreword
Acknowledgments
Note to Readers
Table of Contents
List of Contributors
Main Text
Introduction to the Oxford Handbook of United Nations Treaties
1 A Forum for Negotiation
2 A Vehicle for Implementation
3 From Bilateralism to Multilateralism
4 Overview of the Volume
4.1 Evolution
4.2 Practice
4.3 Technique
Part I Evolution—UN Treaty-Making in Practice and in Theory
Ch.1 The UN Charter and Its Evolution
1 The Charter as a Relational Contract
2 The Evolving Charter
2.1 Who Interprets the Charter?
2.2 Interpretation in Practice
2.3 Charter Interpretation and Relational Contract Theory
3 UN Treaty-Making
3.1 The United Nations as a Venue
3.2 The United Nations as an Actor
3.3 UN Treaty-Making and Relational Contract Theory
4 Conclusion
Ch.2 Treaty-Making in International Organizations: international relations theory
1 UN Treaties as the Institutionalization of Norms
2 UN Treaties as the Creation of Regimes
3 UN Treaties and the Decline of the Liberal Order?
4 Conclusion
Ch.3 Treaty-Making at the United Nations: the view from the secretariat
1 The Secretariat Role in the Treaty-Making Process
2 Initiation of Treaty-Making
3 Formulation of Multilateral Treaties
4 Adoption of Multilateral Treaties
5 Post-adoption Concerns
6 Supplementing and Updating Treaties
7 Other Treaty-Related Activities of the Secretariat
8 Conclusion
Ch.4 The Role of Treaties in Pursuing the Objectives of the UN Charter
1 The Charter and Treaties
1.1 No Master Plan
1.2 Express References
1.2.1 Treaties Enabling UN Action
1.2.2 Treaties Effectuating UN Action
1.3 Implicit References
1.3.1 International Peace and Security
1.3.2 Friendly Relations between States
1.3.3 International Cooperation
2 Treaties in UN Practice
2.1 No Master Plan but Proliferation
2.1.1 A Gigantic Network of Treaties
2.1.2 Diverse Processes of Treaty-Making
2.1.3 Treaty-Making within Specialized Agencies
2.2 Practice Pursuant to Express Charter Clauses
2.3 The Charter’s Variable Geometry: Three Pen Pictures
2.3.1 Peace and Security: The Dominance of Institutional Practice
2.3.2 Friendly Relations: A Patchwork of Treaties
2.3.3 International Cooperation: A Charter Objective Kissed Awake by Treaties?
3 Conclusion
Ch.5 The Place of Treaties in the Codification and Progressive Development of International Law
1 Recourse to Codification Conventions
2 Codification Conventions Reflecting Customary Rules
3 The Alignment of Customary Rules with Codification Conventions
4 Codification Conventions in a Changing Context
5 Concluding Remarks
Ch.6 The Choice of a Treaty: hard law versus soft law
1 Treaties or Soft Law?
2 What Do We Mean by “Soft Law”?
3 Soft Law in UN Practice
3.1 Declaratory Lawmaking
3.1.1 The 1948 Universal Declaration of Human Rights
3.1.2 The 1992 Rio Declaration on Environment and Development
3.2 Codification and Progressive Development
3.3 Facilitating Treaty Negotiation
3.4 Interpretation of Treaties
3.5 Subsidiary Rules and Standards
4 Conclusion
Part II Practice—Scholarly and Practitioner Accounts of UN Treaty-Making
A International Peace and Security
Ch.7A United Nations Weapons Control Treaties
1 Nuclear Weapons Nonproliferation
1.1 The Nuclear Nonproliferation Treaty (NPT)
1.2 Protection of Nuclear Material
1.3 Banning Nuclear Weapons Tests
1.4 Regional Bans on Nuclear Weapons
1.5 Recent Initiatives for Nuclear Weapons Nonproliferation and Elimination
1.6 Summary of Nuclear Nonproliferation Treaties
2 Chem-Bio Disarmament and Nonproliferation
2.1 The Biological Weapons Convention (BWC)
2.2 The Chemical Weapons Convention (CWC)
3 Controlling Conventional Weapons Transfers
3.1 Prohibited Conventional Weapons Transfers
3.2 Preventing Diversion
4 Strengthening IHL Prohibitions on Weapons That Cause Indiscriminate or Unnecessary Harm
4.1 Convention on the Use of Certain Conventional Weapons (the Inhumane Weapons Convention)
4.2 The Mine Ban Treaty
4.3 The Convention on Cluster Munitions
5 Conclusion
Ch.7B Creating from Chaos: practitioner reflections on multilateral treaty-making
1 Sovereignty and Consensus
2 Informality
3 Skills and Means
4 Time Pressure
5 Wrapping Up
Ch.8A Terrorism
1 The General Assembly
2 “Sectional” Conventions
2.1 Criminalized Acts
2.2 Obligations on States Parties
2.2.1 Prevention
2.2.2 Prosecution
2.2.3 Extradition
2.3 Scope of Application and Exclusions
3 A “Comprehensive” Approach
4 Conclusion
Ch.8B Terrorism: practitioner reflection
1 UN treaty-making
2 Sectoral approach
3 Contemporary threats
3.1 International Convention for the Suppression of Terrorist Bombings
3.2 International Convention for the Suppression of Financing of Terrorism
3.3 International Convention for the Suppression of Acts of Nuclear Terrorism
3.4 Draft Comprehensive Convention on International Terrorism
Preamble
Article 3 [previously Article 18]
4 Conclusion
Ch.9 The Peaceful Uses of Outer Space
1 The Geopolitical Context of the Genesis of Space Law
2 The Advent of Space Law
2.1 The Evolution of Hard Space Law
2.2 Negotiating the Outer Space Treaty
2.3 Beyond the Outer Space Treaty
3 The Future of Hard Space Law
4 Conclusion
B Economic and Social Development
Ch.10 Environment and Sustainable Development
1 Problem-Based Clusters of Multilateral Environmental Agreements (MEAs)
1.1 Global Response to the Threat of Climate Change, Desertification, and Ozone Layer Destruction
1.2 Chemicals, Wastes, and Transboundary Air Pollutants
1.3 Biodiversity, Wildlife, and Species at Risk
1.4 Protection of Transboundary Freshwater Systems and Wetlands
1.5 Protection of the World’s Oceans and Marine Resources
1.6 Regional and Bilateral Environmental Innovations
2 The UN Role in Treaty-Making to Address Environmental Problems
3 UN Treaty-Making to Promote Sustainable Development Solutions
4 Contributions of International Law on the Environment and Sustainable Development toward Achieving the UN Charter
Ch.11 The ILO’s Standard-Setting: the first one hundred years
1 Origins and Purpose of International Labor Standards
2 The Standard-Setting Process
3 Controlling Features of International Labor Conventions
3.1 A Hybrid Legal Nature
3.2 Inadmissibility of Reservations
3.3 Need for Flexibility
4 Constitutional Theory and Practice on Interpretation of International Labor Conventions
5 Review of Standards and Abrogation of Obsolete Conventions
6 Supervision of Application of International Labor Standards
7 Concluding Remarks
Ch.12 Women
1 Women and the International Sphere
2 UN Instruments Relating to Women
3 Conclusion
Ch.13 Drugs and Crime
1 The International Drug Control Regime
1.1 Expanding the Scope of the Regime
1.2 Growing Tensions: From Soft Defection to Recalibration and Breach
2 The Transnational Organized Crime and Corruption Regime
2.1 The UN and Transnational Organized Crime
2.2 UN Efforts against Corruption
3 Conclusion
Ch.14 Trade and Development
Preliminary Material
1 The Founding of the Multilateral Trading System
2 The UN and the Aborted Attempt to Establish the International Trade Organization (ITO)
3 The Demise of the ITO and the Birth of UNCTAD: UNCTAD and Its Impact on Multilateral Trade
4 The UN and the GATT/WTO: A Continuous Interplay
5 Conclusion
Ch.15 Culture
1 The Concept of Cultural Heritage
2 The Protection of Cultural Heritage during Conflicts
3 Culture as a General Interest of the International Community
3.1 International Movements of Cultural Properties
3.2 World Cultural Heritage
3.3 The Underwater Cultural Heritage
3.4 The Intangible Cultural Heritage
3.5 Cultural Diversity
4 Concluding Remarks
Ch.16 The Practice of UN Treaty-Making concerning Science
1 The History of Science in UN Treaty-Making
2 Science and UN Treaties
2.1 Scientific-Based Treaty-Making
2.1.1 Ozone Regime
2.1.2 UNFCCC
2.1.3 Influence of Science on the Treaty-Making Process
2.2 Promoting Access to Existing Science
2.3 Promoting Science
2.4 Dangerous Scientific Substances and Risk Management
3 Conclusion
Ch.17A Health
1 The Evolution of International Health Law
2 Globalization and the Expanding Domain of International Health Law
3 Health and Human Rights Treaties
4 Linkage and the Scope of International Health Law
5 The Role of United Nations in the International Lawmaking Process
6 Examples of World Health Organization International Lawmaking
6.1 The Framework Convention on Tobacco Control
6.2 International Health Regulations
6.3 Global Code of Practice on the International Recruitment of Health Personnel
6.4 Pandemic Influenza Preparedness Framework
7 Conclusion
Ch.17B Health: practitioner comment
1 Rationale for a Framework Convention
2 Negotiation of the Convention
3 Building a Normative Framework
4 Conclusions
Ch.18 Intellectual Property
1 A Brief History
2 Politics
3 Treaty-Making
4 Non-treaty Means of International Cooperation
5 Conclusion
C Human Rights
Ch.19 The Human Rights Treaty Body System
1 Composition
2 Competence
2.1 Reporting
2.2 General Comments/Recommendations
2.3 Complaints Procedures
2.4 Inquiries
2.5 Early Warning and Urgent Action
2.6 Stakeholder Engagement
3 Strengthening the Human Rights Treaty Body System
4 Conclusion
Ch.20 The Covenants
1 Adoption and Assessment
2 Substantive Content
3 Obligations of State Parties
4 National Implementation
5 The Reporting Obligation
6 Emergency Measures
7 Jurisprudence
8 Remedies
9 Suggestions for Improvement
10 Conclusion
Ch.21 The Committees on Human Rights and Economic, Social and Cultural Rights
1 The Committees’ Monitoring Work
1.1 The State Reporting Procedure
1.2 General Comments
1.3 Individual Complaints
2 Contribution to the Conceptual Framework of Human Rights
2.1 Contributions by the UN Human Rights Committee
2.1.1 Contribution to the Substance of Rights
2.1.2 Contribution to Treaty Law
2.2 The UN Committee on Economic, Social, and Cultural Rights
2.2.1 Contribution to the Development of Specific Rights
2.2.2 Contribution to Human Rights Law Overall
3 Issues and the Committees’ “Influence”
4 Conclusion
Ch.22 United Nations Treaty-Making: refugees and stateless persons
1 The Refugee Treaties
2 The 1967 Protocol Relating to the Status of Refugees
3 The Stateless Persons and Statelessness Treaties
3.1 The 1954 Convention Relating to the Status of Stateless Persons
3.2 The 1961 Convention on the Reduction of Statelessness
4 International Protection: Treaty Interpretation, Application and Development
4.1 The Office of the United Nations High Commissioner for Refugees
4.2 Looking Ahead
Ch.23A International Criminal Law and UN Treaties
1 International Criminal Law at the UN
2 The Penal Provisions
2.1 The Laws of War
2.2 Human Rights Law
2.3 Individual Responsibility
3 The Statute of the International Criminal Court
3.1 From Nuremberg to Rome
3.2 The Rome Statute System and the UN
4 New Areas for Developments
5 Conclusion
Ch.23B International Criminal Law: practitioner reflection
1 International Criminal Courts
1.1 A Multilateral Treaty-Making Forum: The ICC
1.1.1 The Creation of the ICC
1.1.2 An Interwoven Relationship
1.2 A Chapter VII Forum
1.2.1 The Former Yugoslavia and Rwanda: The Ad Hoc Tribunals
1.2.1.1 The ICTY
1.2.1.2 The ICTR
1.2.1.3 The MICT
1.2.1.4 An Indirect Chapter VII Forum
1.2.1.5 Timor-Leste: The Special Panels for Serious Crimes
1.2.1.6 Kosovo: The Regulation 64 Panels
2 Hybrid Criminal Courts
2.1 A Bilateral Treaty-Making Forum
2.1.1 Cambodia
2.1.2 Sierra Leone
2.1.3 The SCSL
2.1.4 The RSCSL
2.1.5 Lebanon
2.2 ICTY-Supported Criminal Courts
2.2.1 Rule 11bis Criminal Courts
2.2.1.1 BiH: The WCC
2.2.1.2 Serbia: The WCC of the Belgrade District Court
2.2.1.3 Croatia: The WCCs in Zagreb, Osijek, Rijeka, and Split
2.2.2 Serbia and Kosovo: The KSC
3 Conclusion
D International Law
Ch.24A Law of Treaties
1 The 1969 Vienna Convention on Treaties
2 The 1979 Vienna Convention on the Succession of States in Respect of Treaties
3 1986 Vienna Convention on Treaties between States and International Organizations or between International Organizations
4 Filling the Gaps
4.1 Guide to Practice on Reservations to Treaties
4.2 Draft Articles on the Effects of Armed Conflicts on Treaties
4.3 Subsequent Agreements and Subsequent Practice in Relation to Interpretation of Treaties
5 Conclusion
Ch.24B Law of Treaties: practitioner reflection
1 Interpretive Materials during Negotiations
2 Legal Effect
3 Conclusion
Ch.25A Law of the Sea
1 The First UN Conference on the Law of the Sea (1958)
2 The Third UN Conference on the Law of the Sea (1973–1982)
2.1 Procedure
2.2 Evaluation
3 The Role of the UN in the Adoption of the Two Implementation Agreements
3.1 The 1994 Implementation Agreement
3.2 The 1995 Fish Stocks Agreement
4 New Challenges
5 Conclusions
Ch.25B Negotiating the UN Convention on the Law of the Sea: a practitioner’s reflection
1 Preparing for the Conference
2 The Conference Begins
3 Conclusion
Ch.26 Privileges and Immunities of the United Nations and Specialized Agencies
1 1946 Convention on Privileges and Immunities of the United Nations
1.1 The Multilateral Structure of United Nations Privileges and Immunities
1.2 Legal Precedent and Policy Material
1.3 Multistage Process and the Use of Small Groups
1.4 Key Delegations and Individuals
2 1947 Convention on Privileges and Immunities of the Specialized Agencies
2.1 The United Nations as Active Driver of the Treaty-Making Process
2.2 “A Single Convention” in “Two Distinct Parts”
3 Key Features of the Treaty Regimes Established by the General Convention and the Specialized Agencies Convention
3.1 The General Convention
3.2 The Specialized Agencies Convention
3.3 The Conventions in Practice
3.3.1 Implementing Decisions Specifically Contemplated by Convention Provisions
3.3.2 Institutional Positions
3.3.3 Headquarters and Other Applicable Bilateral Agreements
3.3.4 National Positions
4 Conclusion
Ch.27 Diplomatic and Consular Relations
1 The Diplomatic and Consular Domain
1.1 Diplomatic and Consular Relations: A Theme Worth Codifying?
1.2 The Codification of Diplomatic and Consular Law in Context
2 From the Idea of Codification to the Ratification of Five Multilateral Treaties
2.1 Preparatory Phase
2.2 Codification Phase
2.3 Ratification Phase
3 Compliance with the UN Conventions
4 Challenges in the Further Development of Diplomatic and Consular Law
5 Conclusion
Ch.28 International Commercial Arbitration
1 Genesis of the Conventions: The Role of the Business Community and Civil Society
1.1 New York Convention
1.2 Transparency Convention
2 Negotiation and Adoption Processes: Government-Led, and Inclusive Process
3 Implementation of the Texts: In Search of Creativity
3.1 Case Law on UNICTRAL Texts (CLOUT) and the Guide on the New York Convention
3.2 The Transparency Registry
4 Conclusion
Ch.29 Responsibility of States and International Organizations
1 The Conventional Drafting of the Articles on State Responsibility and the Articles on Responsibility of International Organizations
1.1 The Elaboration of Draft (Conventional) Principles of Responsibility
1.2 Reconsidering the Possibility of a Convention on Responsibility
1.2.1 The Final Debate and Recommendation of the ILC in 2001
1.2.2 The Undecisive Debate within the GA
2 The Conventional Debate on the Articles on State Responsibility
2.1 The Reluctance towards Engaging into a Conventional Exercise
2.2 The Ways and Means of a UN Convention on Responsibility
Part III Technique—Innovation in Treaty-Making at the United Nations
Ch.30 The Negotiation of Multilateral Treaties at the United Nations a negotiator’s view
1 The United Nations and the Techniques of Treaty-Making
2 Negotiating Multilateral Treaties within the UN: A Few Illustrations
2.1 Convention on the Prevention and Punishment of the Crime of Genocide (1948)
2.2 Convention on Special Missions (1969)
2.3 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents (1973)
2.4 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
2.5 United Nations Convention against Corruption (2003)
2.6 United Nations Convention on Jurisdictional Immunities of States and Their Property (2004)
3 Lessons to Be Drawn
4 Conclusions
Ch.31 The Participation of Nonstate Actors in the Multilateral Treaty Process
1 The United Nations Framework for Participation of NSAs
1.1 Article 71 of the Charter
1.2 Modalities for Participation by NSAs
2 Levels of NSA Participation in UN Treaty-Making
2.1 Nonstate Actors with a Seat at the Table
2.2 Nonstate Actors on the Sidelines
2.3 Nonstate Actors behind the Scenes
2.4 Nonstate Actors on the Outside
3 Conclusion
Ch.32 Participation of International Organizations in UN Treaties
1 The Logic
2 Conceptual Matters
3 European Experiences
4 On the Receiving End
5 To Conclude
Ch.33 The Role of the United Nations in Promoting Transparency in the International Treaty Framework: a view through the registration and publication of treaties under article 102 of the charter of the united nations
1 The Origins of Article 102 of the Charter: “Open Covenants of Peace, Openly Arrived At”
2 The Implementation of Article 102: Toward Open Diplomacy?
2.1 The General Assembly of the United Nations: Operationalizing Article 102
2.2 The Secretariat of the United Nations: Managing the Registration and Publication Process
2.3 The Role of the International Court of Justice: Considering the Legal Effect of (Non) Registration
3 A View of the International Treaty Framework through Article 102 of the Charter
3.1 Global Trends in Treaty-Making
3.1.1 A gradual decline in multilateral treaty-making?
3.1.2 Multilateral and Bilateral Treaties: A mutually supportive relationship
3.2 Key Challenges in Treaty-Making: Lessons from the Practice of the Secretariat
3.2.1 A thematic analysis of treaty-making: The predominance of commercial matters
3.2.2 Treaty-Making Capacity of Territorial Entities
3.2.3 Treaty-Making Capacity of International Organizations
4 The Impact of Article 102 and Priorities for Reform
Ch.34 The Role of the Secretary-General of the United Nations as Depositary of Multilateral Treaties
1 The Nature of the Role of the Secretary-General as Depositary
2 Depositary Functions and Recent Features of the Secretary-General’s Depositary Practice
2.1 Provision of Advice and Application and Interpretation of Final Clauses
2.1.1 Designation of the Depositary and Assignment of Functions Other than Depositary Functions
2.1.2 Authentic Languages
2.1.3 Opening for Signature
2.1.4 Participation Clauses: Signature and Consent to Be Bound
2.1.5 Entry into Force of the Treaty
2.1.6 Amendment Procedures and Entry into Force of Amendments
2.1.7 Withdrawal or Denunciation
2.2 Other Depositary Functions
2.2.1 Preparation of the Original of the Treaty and Certified True Copies
2.2.2 Correction of Errors
2.2.3 Acceptance of Signatures and Instruments, and Their Dissemination
2.2.4 Reservations
2.3 Outreach Activities by the Depositary
3 Conclusions
Further Material
Index
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List of Contributors
Edited By: Simon Chesterman, David M. Malone, Santiago Villalpando, Alexandra Ivanovic
From:
The Oxford Handbook of United Nations Treaties
Simon Chesterman, David M. Malone, Santiago Villalpando
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Handbooks
Published in print:
26 June 2019
ISBN:
9780190947842
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