The Oxford Handbook of United Nations Treaties最新文献

Law of the Sea 海洋法

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0031

Yoshifumi Tanaka

{"title":"Law of the Sea","authors":"Yoshifumi Tanaka","doi":"10.1093/law/9780190947842.003.0031","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0031","url":null,"abstract":"The aim of this chapter is to examine the role of the United Nations (UN) in treaty-making in the field of the law of the sea. In particular, this chapter addresses the First and Third United Nations Conferences on the Law of the Sea, and the treaty-making process of two implementation agreements, that is, the 1994 Implementation Agreement and the 1995 Fish Stocks Agreement. In this regard, it is important to note that the tasks of the conferences in the field of the law of the sea have changed over time. At the First UN Conference on the Law of the Sea, its primary task was to establish a legal framework for coordinating interests of individual states according to multiple jurisdictional zones. In contrast, the Third UN Conference on the Law of the Sea that adopted the UN Convention on the Law of the Sea (UNCLOS) dealt not only with the reconciliation of competing state interests but also with the safeguarding of community interests, such as the establishment of the deep seabed regime on the basis of the principle of common heritage of mankind and marine environmental protection. As demonstrated by this Conference, the task of treaty-making conferences under the auspices of the UN is no longer limited to the reconciliation of state interests but includes the safeguard and promotion of community interests at sea. Thus, the reconciliation between state interests and community interests should be a crucial issue in treaty-making in the law of the sea.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"226 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123178740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Role of the Secretary-General of the United Nations as Depositary of Multilateral Treaties 联合国秘书长作为多边条约保存人的作用

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0041

Arancha Hinojal-Oyarbide

引用次数: 6

Introduction to the Oxford Handbook of United Nations Treaties 《牛津联合国条约手册》导言

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0001

S. Chesterman, D. Malone, Santiago Villalpando

{"title":"Introduction to the Oxford Handbook of United Nations Treaties","authors":"S. Chesterman, D. Malone, Santiago Villalpando","doi":"10.1093/law/9780190947842.003.0001","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0001","url":null,"abstract":"The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development) or avoided (global war or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. The book offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners, lawyers and specialists from other social sciences (international relations, history, science), professionals with an established reputation in the field and younger researchers and diplomats involved in the negotiation of multilateral treaties, as well as scholars with a broader view on the issues involved. The volume provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations confronting this understudied aspect of international law and relations. This Introduction elaborates on some of these themes and provides a roadmap for the rest of the volume.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126333041","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Trade and Development 贸易与发展

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0017

Makane Moïse Mbengue

引用次数: 0

The Peaceful Uses of Outer Space 和平利用外层空间

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0012

T. Masson-Zwaan, Roberto Cassar

引用次数: 90

International Commercial Arbitration 国际商事仲裁

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0035

Corinne Montineri

{"title":"International Commercial Arbitration","authors":"Corinne Montineri","doi":"10.1093/law/9780190947842.003.0035","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0035","url":null,"abstract":"Arbitration has long been deeply rooted in the ideals of a universal organization, going back to the Covenant of the League of Nations. The United Nations has contributed to the development of international commercial arbitration over the past decades. The United Nations Commission on International Trade Law (UNCITRAL) has promoted and developed various legal instruments in international commercial arbitration. Noteworthy, two conventions have been adopted by the United Nations: the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) and the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, also known as the Mauritius Convention on Transparency. This chapter provides a cross-cutting thematic analysis of the genesis, procedural history, and implementation of the two conventions. It further provides an assessment of whether they have been successful, and of the challenges that continue to be faced in their successful implementation. The chapter also briefly provides insights on the way forward, in light of the convention on international settlement agreements resulting from mediation finalized by UNCITRAL at its 51st session, in 2018, and the work undertaken by UNCITRAL on possible reform of the investor-state dispute settlement regime.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126279921","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

United Nations Weapons Control Treaties 联合国武器控制条约

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0008

B. Kellman

{"title":"United Nations Weapons Control Treaties","authors":"B. Kellman","doi":"10.1093/law/9780190947842.003.0008","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0008","url":null,"abstract":"Weapons control was born of necessity to reduce the existential threats of weapons technologies following the last century’s world wars. In a dangerous and anarchic world, security can be enhanced by substituting multilateral agreements for unconstrained procurement, deployment, and transfer of weapons. This chapter focuses on four aspects of weapons control treaties: (1) nonproliferation of nuclear weapons, (2) eradication of chemical and biological weapons, (3) prohibition of unique inhumane weapons, and (4) restriction of the trade in conventional weapons. Cumulatively, these treaties serve to lower the risk of war, reduce war’s devastation should it begin, and curtail the enormous financial drain of procuring and stockpiling weapons. Methodologies have developed with established institutions and stipulated procedures that influence virtually every state’s military choices, significantly enhancing global security. These treaties have enabled humanity to stanch the inherent tendency of employing advancing technologies to make and use more powerful weapons. By significantly contributing to capping centuries of accelerating violence and by restraining how escalating fears of an adversary’s weapons can accelerate political friction into armed conflict, these treaties have contributed to building a more secure world order, thereby enabling diplomacy and other processes to help address more deep-rooted social conditions. It is perhaps the greatest achievement of these treaties to have fostered trust among the vast majority of states and their populations with regard to lethal weapons, enabling maturation of innumerable initiatives for promoting peace.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126686190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

International Criminal Law 国际刑法

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0028

H. Abtahi, P. Kirsch

{"title":"International Criminal Law","authors":"H. Abtahi, P. Kirsch","doi":"10.1093/law/9780190947842.003.0028","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0028","url":null,"abstract":"By virtue of its longevity, territorial scope, mandate, and resources, the UN has been pivotal in the development of international criminal justice. While its contribution has been mostly institutional, in terms of genesis, establishment, and functioning of international and hybrid criminal courts, the UN has also shaped their procedural and substantive law. Starting with the first to be established—the ad hoc tribunals—the UN Security Council, acting under Chapter VII, adopted the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) statutes and fully managed them. To a lesser extent, the same could be said of Timor Leste’s Special Panel for Serious Crimes. Regarding the creation of hybrid criminal courts, that is, the Extraordinary Chambers in the Courts of Cambodia (ECCC), Special Court for Sierra Leone (SCSL), and Special Tribunal for Lebanon (STL), the UN served as a bilateral treaty-making forum for the negotiation and conclusion of UN-member states’ agreements. Through the ICTY completion strategy and rule 11bis, the UN also internationalized domestic courts (War Crimes Chambers) to enhance national judicial capacity building to prosecute international crimes. Finally, the UN served as the ultimate multilateral treaty-making body in the ICC’s half-century-long creation; starting with the Genocide Convention, and continuing with the ILC and subsequent negotiations leading to the adoption of the ICC Statute, which created a complex institutional and jurisdictional relationship with the UN. Institutionally, this has included cooperation and judicial assistance, dispute settlement functions, UN treaty functions, and adherence to the UN common system. Jurisdictionally, this has involved Chapter VII referrals and deferrals and jurisdiction over a range of crimes close to other UN created tribunals.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132820449","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Culture 文化

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0018

T. Scovazzi

引用次数: 0

Intellectual Property 知识产权

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0022

E. Kwakwa

引用次数: 0