The Oxford Handbook of United Nations Treaties最新文献_第4页

The Role of Treaties in Pursuing the Objectives of the UN Charter 条约在实现《联合国宪章》目标中的作用

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0005

C. Tams

{"title":"The Role of Treaties in Pursuing the Objectives of the UN Charter","authors":"C. Tams","doi":"10.1093/law/9780190947842.003.0005","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0005","url":null,"abstract":"Treaties are a central building block of the United Nations legal order. They have particular significance for the objectives set out in the UN Charter: these need to be implemented and effectuated, and treaties concretizing the Charter’s broad objectives can help achieve that aim. The Charter text, perhaps surprisingly, does not reflect this adequately. Unlike constituent documents of other international organizations, the Charter formulates no master plan for the UN’s use of treaties, and only occasionally mentions treaties explicitly. Its guidance is primarily indirect: some Charter objectives are formulated in such vague terms that without follow-up action, including follow-up action that takes the form of treaties, they would be meaningless. The drafter’s surprising caution means that the role of treaties in pursuing UN objectives is primarily shaped by practice rather than the Charter text. In the seven decades since the UN’s establishment, treaties—prepared in highly diverse processes, including by the International Law Commission (ILC) and within specialized agencies—have sprawled. In the absence of a Charter master plan, they have grown to cover large parts of the continent of international law. A sole focus on the gigantic network of treaties, however, risks overlooking the fact that more often than not, member states and UN organs prefer other means of pursuing Charter objectives (resolutions, statements, and other non-binding mechanisms). The landscape of treaties is as uneven as it is diverse.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"66 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":"117162407","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

Responsibility of States and International Organizations 国家和国际组织的责任

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0036

Pierre Bodeau-Livinec

引用次数: 0

Creating from Chaos 从混乱中创造

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0009

D. Prins

{"title":"Creating from Chaos","authors":"D. Prins","doi":"10.1093/law/9780190947842.003.0009","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0009","url":null,"abstract":"In practice, negotiations leading to a United Nations treaty are often untidy and anarchic. The ambition to adopt a strong treaty covering the whole UN membership is habitually at odds with the overriding significance of national sovereignty. Unwilling countries, knowing that proponents aspire consensus, can block progress where they deem fit. And that same sovereignty principle plays out in the limited options a chairperson of a conference has for firm process management. The disarray has other origins as well. At treaty conferences, delegates need to develop pockets of informality in which they can build the trust needed for recognition of their most pressing priorities. The abundance of informal exchanges outside the meeting room adds to making process management a challenge. Also, a lack of national resources, and patronage in recruitment, often negatively impact on consistent, knowledgeable engagement by delegations. Last, unavoidable time restrictions prevent the process from playing out in a well-planned, methodical way. Bringing order to this process is only limitedly possible. Multilateral treaty-making seems inherently messy and deeply improvisational. Such a setting tends to reward those countries that can field skilled, creative, resourceful diplomats who can be trusted to make the most from only generic instructions.","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":"115721016","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

Environment and Sustainable Development 环境与可持续发展

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0013

M. C. Segger, A. Harrington

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引用次数: 0

Negotiating the UN Convention on the Law of the Sea 谈判《联合国海洋法公约》

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0032

T. Koh

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/9780190947842.003.0010

P. Klein

引用次数: 0

The Practice of UN Treaty-Making concerning Science 联合国科学条约制定的实践

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0019

Sam Johnston

{"title":"The Practice of UN Treaty-Making concerning Science","authors":"Sam Johnston","doi":"10.1093/law/9780190947842.003.0019","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0019","url":null,"abstract":"This chapter describes the growing influence of science in UN treaties, which centers around four main roles; scientific influence in the treaty-making process, promoting access to existing science, supporting research, and managing the threats posed by science. It also highlights the challenges UN treaties face in using science such as; resolving the tensions that exist between pure and applied science; maintaining science’s role as a peaceful activity in the global commons; ensuring that scientific input is not lost among the increasing complex and crowded nature of treaty-making; ensuring that science is more inclusive, holistic, and balanced; and improving its relevance while retaining its credibility. The UN will also need to use science to respond to new and emerging areas such as managing new technologies including nanotechnologies, synthetic biology, or artificial intelligence, or new threats such as cyberwarfare and security. Failures of science in predicting and managing threats from climate change, epidemics, and nuclear disasters have revealed the uncertainties underlying many of its areas of practice and has demonstrated the critical role that social, economic, and institutional expectations play. Recognizing that science is not neutral or objective is an important step in addressing the key shortcomings facing the role of science in UN treaties. Determining what measures need to be taken to balance social and economic influences is another important side of this challenge. Reconciling these enduring challenges will be increasingly important in all areas where UN treaty-making processes and science intersect.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"40 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":"133949595","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

The Participation of Nonstate Actors in the Multilateral Treaty Process 非国家行为体参与多边条约进程

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/LAW/9780190947842.003.0038

P. Webb

引用次数: 2

Law of Treaties 条约法

The Oxford Handbook of United Nations Treaties Pub Date : 2019-06-26 DOI: 10.1093/law/9780190947842.003.0029

M. Fitzmaurice

{"title":"Law of Treaties","authors":"M. Fitzmaurice","doi":"10.1093/law/9780190947842.003.0029","DOIUrl":"https://doi.org/10.1093/law/9780190947842.003.0029","url":null,"abstract":"This chapter deals with the codification efforts of the International Law Commission (ILC). It analyzes three law of treaties Conventions that were drafted by the ILC. First, it analyzes the most successful of all the Conventions, the 1969 Vienna Convention on the Law of Treaties. It mostly has codified existing norms of customary international law but also introduced, inter alia, a revolutionary regime of reservations to treaties and dealt with a controversial (at the time) notion of the norms of jus cogens. This Convention has acquired an iconic status in international law and has become the most significant tool regulating the relations between states. The 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations has never entered into force. It has not proven as successful as its predecessor due to certain unresolved questions relating generally to the functions of international organizations. The 1978 Vienna Convention on Succession of States in respect of Treaties has entered into force; however, due to complexities of state succession in general, it has not played a prominent role, regulating mostly succession in respect of treaties of newly independent, post-colonial states. Finally, the chapter also analyzes Draft Articles adopted by the ILC in 2011 on Effects of Armed Conflicts on Treaties. The form to be given to the Articles is under consideration and governments are invited to comment on any future action regarding them. The list of categories of treaties in the annex suggests that due to its subject matter they will continue to operate, in whole or in part, in the event of armed conflict.","PeriodicalId":254022,"journal":{"name":"The Oxford Handbook of United Nations Treaties","volume":"36 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":"128548867","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