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The Oxford Handbook of United Nations Treaties最新文献

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The Place of Treaties in the Codification and Progressive Development of International Law 条约在国际法编纂和逐步发展中的地位
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0006
Georgio Gaja
{"title":"The Place of Treaties in the Codification and Progressive Development of International Law","authors":"Georgio Gaja","doi":"10.1093/law/9780190947842.003.0006","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0006","url":null,"abstract":"Codification of international law may be pursued by various methods. This contribution analyzes advantages and disadvantages of codification conventions. Treaties defined as codification conventions express customary rules in a revised form. They often contain provisions that cover matters not previously regulated or that supplement or specify existing rules. Whether a treaty displaces a customary rule in the relations between the states that are parties generally is a matter of interpretation of the relevant treaty. The limited number of ratifications of codification conventions that have entered into force raises problems concerning the relations between these conventions and customary rules. The present contribution also examines the consideration by the International Court of Justice of the relations between codification conventions and customary rules. In many cases, the Court has not provided reasons for concluding that the content of the customary rule corresponds to that of a provision in the codification convention. In recent years, the General Assembly has often chosen not to promote a codification convention, but there is no good reason for abandoning recourse to an instrument that has significantly contributed to the development of international law in several areas.","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":"129408037","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 Covenants 的契约
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0024
B. Ramcharan
{"title":"The Covenants","authors":"B. Ramcharan","doi":"10.1093/law/9780190947842.003.0024","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0024","url":null,"abstract":"The adoption of the International Covenants on Civil and Political Rights and Economic and Social Rights in 1966 heralded a new international order grounded in human dignity and freedom. They have contributed to the emergence of a common universal language of human rights and offered a protection shield to millions of people worldwide. However, ideals of the UN Charter, of the 1948 Universal Declaration of Human Rights and of the Covenants are widely flouted. In calling for a modernized approach to human rights protection, this chapter calls for moving beyond a formal, diplomatic ritualism. The concrete application of the Covenants requires that states adhere to their reporting obligations under the treaties, that the treaty body mechanisms pay more attention in the future to urgent, preventive measures to the poorest and most vulnerable sections of population and that national human rights mechanisms be created in each state with the capacity to effectively promote and protect human rights. In doing so, greater attention must be placed on economic, social, and cultural rights.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"506 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":"116545892","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 Choice of a Treaty 条约的选择
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0007
A. Boyle
{"title":"The Choice of a Treaty","authors":"A. Boyle","doi":"10.1093/law/9780190947842.003.0007","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0007","url":null,"abstract":"From a lawmaking perspective “soft law” is simply a convenient description for a variety of non-binding normatively worded instruments used in contemporary international relations by states and international organizations. Examples include UN conference declarations, appropriately worded resolutions and declarations adopted by the UN General Assembly or one of its subsidiary organs or specialized agencies, or codes of conduct, guidelines, and principles adopted by any of these UN organs. The main advantage of adopting rules and principles in soft-law form is that the process is simpler, faster, and potentially more inclusive than a multilateral treaty. The UN has pioneered the use of soft law, most obviously through the adoption of General Assembly resolutions that, inter alia, interpret and amplify the UN Charter, codify and progressively develop international law, provide evidence of opinio juris on new norms and general principles, or legitimize state practice. The functions of soft law in the international legal system—and in UN practice—are diverse, but it would be wrong to see the choice of instrument—treaty or soft law—in either/or terms. Non-binding soft law sometimes presents alternatives to lawmaking by treaty; at other times it complements and amplifies treaties while also providing different ways of understanding the legal effect of different kinds of treaties. But it is inconceivable that modern treaty regimes or international organizations such as the UN could function successfully without resort to soft law.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"12 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":"126378757","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 Human Rights Treaty Body System 人权条约机构系统
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0023
J. Connors
{"title":"The Human Rights Treaty Body System","authors":"J. Connors","doi":"10.1093/law/9780190947842.003.0023","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0023","url":null,"abstract":"This chapter provides an overview of the human rights treaty bodies, including their composition, and the tools they have to encourage states parties to implement their treaty obligations fully. It also traces the development of their working methods relating to reporting, petitions and inquiries, and interface with stakeholders, such as civil society and UN entities. The discussion includes analysis of the composition of the treaty bodies that do this work, their competence to oversee core treaties, and the ways treaty bodies strengthen the human rights treaty body system. Finally, the chapter also touches on the many initiatives that have been launched to strengthen the treaty bodies and create an aligned human rights treaty body system.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"56 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":"134239931","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: 9
The Role of the United Nations in Promoting Transparency in the International Treaty Framework 联合国在促进国际条约框架透明度方面的作用
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0040
J. Agar, C. Mobech
{"title":"The Role of the United Nations in Promoting Transparency in the International Treaty Framework","authors":"J. Agar, C. Mobech","doi":"10.1093/law/9780190947842.003.0040","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0040","url":null,"abstract":"This chapter explores the role played by the United Nations in promoting transparency in the international treaty framework, as mandated under Article 102 of the Charter on the registration and publication of treaties. Beginning with an exploration of the historical origins of Article 102, an overview is provided of the role played by the different organs of the Organization in the registration and publication process. Drawing on the thousands of entries in the UN electronic treaty database, as well as the practice of the Secretariat of the United Nations in exercising its functions under Article 102, the chapter further explores some key trends in global treaty-making activity. Finally, consideration is given to the challenges faced by the Organization in realizing the aims of Article 102 and how the registration and publication process could be reinvigorated through action by member states in the General Assembly.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"19 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":"132748953","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
Diplomatic and Consular Relations 外交及领事关系
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0034
S. Duquet, J. Wouters
{"title":"Diplomatic and Consular Relations","authors":"S. Duquet, J. Wouters","doi":"10.1093/law/9780190947842.003.0034","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0034","url":null,"abstract":"The United Nations (UN) is a strong defender of the cooperative global order. The promotion of diplomatic and consular exchanges between its member states suits this purpose. Throughout the years, lawmaking by treaty has been the preferred way for the UN to advance legal rules that facilitate such diplomatic and consular interactions. Tremendous achievements (the 1961 and 1963 Conventions on permanent diplomatic and consular missions and the 1973 Convention on the prevention and punishment of crimes against internationally protected persons) have been followed by a worthwhile lawmaking exercise (the 1969 Convention on special missions), but also by an attempt at harmonization that failed to attain its goals (the 1975 Convention on permanent representations to international organizations). This chapter zooms in on legal discussions that took place in the course of two decades of diplomatic and consular treaty-making under the auspices of the UN, as well as at the treaties’ implementation track and their present-day impact. The chapter takes a close look at the structure and content of the five UN Conventions in the diplomatic and consular field, and identifies particular contributions of the International Law Commission, the UN General Assembly, the UN Security Council, and specially convened diplomatic conferences in Vienna and New York. In a final section, the chapter highlights remaining challenges for the UN in dealing with this subject area.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"32 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":"115929052","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 UN Charter and Its Evolution 《联合国宪章》及其演变
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0002
I. Johnstone
{"title":"The UN Charter and Its Evolution","authors":"I. Johnstone","doi":"10.1093/law/9780190947842.003.0002","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0002","url":null,"abstract":"This chapter conceives of the United Nations Charter as a “relational contract,” placing it somewhere between an ordinary treaty and global constitution. It is a legal instrument that structures a long-term relationship among UN member states and as such provides the normative and procedural foundation for much multilateral treaty-making. In other words, it is both a relational contract in itself and the embodiment of the relationship in which other multilateral treaties are negotiated, adopted, and implemented. While there are limits to the analogy, viewing the Charter in this way helps to explain how interpretation of the Charter has evolved. It also sheds light on the UN as a venue for and actor in treaty-making, and the implications of that for the development of treaty law. The chapter concludes that insights from relational contract theory show why the UN Charter has survived as the foundation for the international order, and why it is resilient enough to continue to do so despite the fundamental challenges to that order that are currently being witnessed.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"12 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":"126458167","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 Treaty-Making 联合国条约制定
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0026
G. Goodwin-Gill
{"title":"United Nations Treaty-Making","authors":"G. Goodwin-Gill","doi":"10.1093/law/9780190947842.003.0026","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0026","url":null,"abstract":"Refugees, stateless persons, and those without protection were among the first international problems faced by the League of Nations, almost from the moment of its creation. Building on the practice of the League’s High Commissioner for Refugees, Fridtjof Nansen, in securing agreement on issues such as identity and travel documents for those without or denied the nationality or protection of their country of origin, the United Nations took steps from its opening session onward to ensure protection and facilitate solutions. It established its own organizations and promoted a series of treaties on refugees, stateless persons, and statelessness, which to this day remains the basic international legal framework. States, in turn, have recognized that refugees (and now migration) are an international issue, and that no state should be expected to shoulder alone the responsibilities of admission, protection, and solutions. The Office of the United Nations High Commissioner for Refugees (UNHCR), a subsidiary organ of the General Assembly, is mandated to provide international protection, to assist governments in finding solutions, to promote treaties and agreements, and to supervise their application. UNHCR’s direct engagement with states and its worldwide operational activities contribute significantly to the consolidation of protection principles, such as non-refoulement and asylum, to the expansion of humanitarian relief for the displaced, and to the progressive development of customary international law. Recent displacement crises, protracted refugee situations, greater mobility, and a highly globalized and securitized environment will bring fresh challenges to an international protection regime with nearly one hundred years of law and organization behind it.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"21 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":"126790385","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
Drugs and Crime 毒品与犯罪
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/LAW/9780190947842.003.0016
M. Jelsma, D. Bewley-Taylor
{"title":"Drugs and Crime","authors":"M. Jelsma, D. Bewley-Taylor","doi":"10.1093/LAW/9780190947842.003.0016","DOIUrl":"https://doi.org/10.1093/LAW/9780190947842.003.0016","url":null,"abstract":"This chapter discusses the relatively little-known convention framework focusing on the traditionally connected issues of drugs and crime and the differing consequences of treaty flexibility within each domain. It begins with an overview of the evolution and expansion in scope of the international drug control regime and its structural focus on narcotic drugs, psychotropic substances, and illicit traffic in both. A range of growing tensions are discussed as views of the issue area among member states diverge and systemic dissonance across the UN becomes more obvious, particularly in relation to human rights. The chapter then moves on to examine the development of the transnational organized crime and corruption regime and assessment of the conventions upon which it is based. It concludes by looking to the future with a discussion of some of the available options to address tensions within the drug control regime, including what lessons might be learned from the governance structures of their sister crime control conventions.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"73 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":"123660739","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 Negotiation of Multilateral Treaties at the United Nations a negotiator’s view 联合国多边条约谈判谈判代表的观点
The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0037
Sir Michael Wood
{"title":"The Negotiation of Multilateral Treaties at the United Nations a negotiator’s view","authors":"Sir Michael Wood","doi":"10.1093/law/9780190947842.003.0037","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0037","url":null,"abstract":"This chapter reviews options for treaty-making at the UN from the point of view of negotiating parties. The focus is on the negotiation of treaties within the UN itself, with examples taken from a range of UN organs, rather than from codification conferences. A large number of treaties have been negotiated within or under the auspices of various UN organs, and a variety of processes and rules of procedure have been employed. The roles of the UN Secretariat and the UN International Law Commission (ILC) are highlighted. Each negotiation is different, and flexibility is of the essence. The importance of good preparation, choice of decision-making procedures, and the human element is emphasized. The UN remains at the heart of multilateral treaty-making, including as regards “law-making” treaties.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"54 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":"116774879","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
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