The Oxford Handbook of United Nations Treaties最新文献_第2页

Privileges and Immunities of the United Nations and Specialized Agencies 联合国和专门机构的特权和豁免

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0033

D. Aziz, A. See

引用次数: 1

The Committees on Human Rights and Economic, Social and Cultural Rights 人权委员会和经济、社会、文化权利委员会

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0025

H. Keller, Corina Heri

引用次数: 0

Health 健康

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0020

Allyn L. Taylor

引用次数: 0

Health 健康

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0021

G. Burci

{"title":"Health","authors":"G. Burci","doi":"10.1093/law/9780190947842.003.0021","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0021","url":null,"abstract":"This chapter provides an overview of the conception, negotiation, and normative development of the WHO Framework Convention for Tobacco Control (FCTC) based on the professional experience of the author, a former Legal Counsel of WHO. The FCTC must be appreciated against the background of the normative role of WHO and its reluctance to use international lawmaking as a tool for global health governance. The FCTC is a groundbreaking instrument for the protection and promotion of public health; it was conceived as a framework convention in order to accommodate diverse regulatory measures at national and international levels and to create a normative space to facilitate progressive agreement on evidence-based interventions. The negotiation of the convention as well as of its Protocol on Illicit Trade in Tobacco Products was influenced by the relative lack of treaty-making experience on the part of public health officials in national delegations and by the uncompromising hostility of the tobacco control community against the tobacco industry. The resulting tension with strong commercial interests linked to tobacco trade led to a number of difficult and sometimes awkward compromises. At the same time, it led to the establishment of a strong institutional framework that has been instrumental in developing the FCTC through the adoption of far-reaching guidelines and the monitoring of compliance. Notwithstanding its success, there has been no serious discussion in WHO on the negotiation of new conventions, and the FCTC may remain an isolated achievement enabled by a unique set of circumstances.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"4 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":"116787281","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

Terrorism 恐怖主义

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0011

A. R. Perera

{"title":"Terrorism","authors":"A. R. Perera","doi":"10.1093/law/9780190947842.003.0011","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0011","url":null,"abstract":"A consensus still eludes the negotiation process of the Draft Comprehensive Convention on International Terrorism. Given this backdrop, this article traces the history and evolution of the UN treaty-making practice on terrorism, and examines the attempts to define and address the phenomenon of terrorism through international Conventions, which provide for the establishment of the core legal regime of “extradite or prosecute.” It explores the challenges encountered in the negotiation processes, including “definitional issues,” which consider issues such as the “political offences exception”; whether carve-outs should be made for military forces of States/national liberation movements; and the notions of “individual criminal responsibility” and “state responsibility,” the latter particularly in the context of acts of nuclear terrorism. The article follows the evolution of negotiations on these considerations, which later moves to discuss the issue not in the context of a generic definition of the term “terrorism,” but in the delineation of the precise scope of application of the Convention, by “carving out” the other applicable legal regimes. The article concludes that the Draft Comprehensive Convention on International Terrorism is a carefully nuanced and delicately balanced package fraught with both legal and political complexities, and strategic concerns for groups of States, and underlines the need for a compromise approach and political accommodation.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"1 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":"130309142","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 ILO’s Standard-Setting 国际劳工组织的标准制定

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0014

G. Politakis

{"title":"The ILO’s Standard-Setting","authors":"G. Politakis","doi":"10.1093/law/9780190947842.003.0014","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0014","url":null,"abstract":"Established 100 years ago as a normative institution to promote social justice, the International Labour Organization (ILO) fulfills its mission principally through the adoption of international labor standards. To date, those standards have taken the form of 189 international labor Conventions, six Protocols, and 205 international labor Recommendations. ILO standard-setting follows special techniques and practices, mainly because of the Organization’s unique tripartite structure, that have given shape to specificities such as the inadmissibility of reservations, the frequent recourse to built-in flexibility, and the limited possibility for denunciation. The interpretation of international labor Conventions is, pursuant to a specific constitutional provision, entrusted to the International Court of Justice, while the application of international labor standards is monitored by an elaborate supervisory system that combines standing bodies responsible for the regular examination of reports and special adversarial procedures activated by different complaint mechanisms. Today, the abrogation of outdated instruments and the consolidation of up-to-date standards into framework Conventions are among the key challenges for enhancing the relevance and impact of standards. Standard-setting has distinctively marked the Organization’s 100-year-long history and has in many respects broken new ground in the field of international treaty law.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"35 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":"132306703","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

International Criminal Law and UN Treaties

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0027

S. Zappalà

引用次数: 0

Treaty-Making at the United Nations 联合国的条约制定

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0004

Stephen Mathias

{"title":"Treaty-Making at the United Nations","authors":"Stephen Mathias","doi":"10.1093/law/9780190947842.003.0004","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0004","url":null,"abstract":"Beginning in the mid-1970s, the UN General Assembly conducted a review of the multilateral treaty-making process. A 1980 Report of the Secretary-General on this review concluded that there was “extensive diversity” among the various procedures that had been utilized in treaty-making processes, including whether such processes made use of established entities or were ad hoc in nature, the extent to which this involved expert or representative bodies, and the extent of the involvement of the General Assembly. The only generalization that was seen to be possible was that such processes almost always involved a multistage process. This chapter assesses the conclusions of the Secretary-General’s 1980 Report in light of the practice of the intervening years, focusing, in particular, on the role of the Secretariat in the treaty-making process, and adopting for the purposes of its analysis the five stages in the multilateral treaty-making process as identified in the Secretary-General’s 1980 Report: initiation of treaty-making, formulation of multilateral treaties, adoption of multilateral treaties, post-adoption concerns, and supplementing and updating treaties. This chapter also briefly discusses other treaty-making activities of the Secretariat.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"1 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":"128692271","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

Treaty-Making in International Organizations 国际组织中的条约制定

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0003

S. Scott

{"title":"Treaty-Making in International Organizations","authors":"S. Scott","doi":"10.1093/law/9780190947842.003.0003","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0003","url":null,"abstract":"International relations research has in recent years become more relevant for international lawyers, even if it often requires some translation. This chapter engages with three bodies of international relations scholarship of relevance to understanding UN treaty-making. The first, on norm dynamics, has a unit of analysis smaller than a multilateral treaty; a norm typically equates to one or more of the substantive provisions of a treaty. The second and older body of literature, on regimes and more recently regime complexes, has generated insights pertaining to treaty design and effectiveness, often through the application of quantitative research methods. Given that there has been two-and-a half-decades of regime research the contribution of regime theory to knowledge of multilateral treaties nevertheless remains underwhelming. The third body of literature addressed in the chapter is that regarding the decline of the liberal international order. Liberal institutionalist scholars may be lamenting the apparent demise of the US-led order to which the complex web of UN treaties has been so integral but they may not be sufficiently conscious of the fact that such a sentiment is not universally shared. Understanding the politics of multilateral treaties can only be enriched by an even greater maturity and sophistication of international relations scholarship.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"35 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":"117174541","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

Participation of International Organizations in UN Treaties 国际组织参与联合国条约

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0039

J. Klabbers

引用次数: 1