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24652 results in Public International Law

Page 487 of 1233

  • 11 - Convention Relating to the Status of Refugees

  • from Part II - Protecting the Individual
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 116-129

  • Summary

    189 UNTS 137

    Concluded: 28 July 1951

    In Force: 22 April 1954

    CHAPTER I GENERAL PROVISIONS 118

  • Article 1 Definition of the term “refugee” 118

  • Article 2 General obligations 119

  • Article 3 Non-discrimination 119

  • Article 4 Religion 120

  • Article 5 Rights granted apart from this Convention 120

  • Article 6 The term “in the same circumstances” 120

  • Article 7 Exemption from reciprocity 120

  • Article 8 Exemption from exceptional measures 120

  • Article 9 Provisional measures 120

  • Article 10 Continuity of residence 121

  • Article 11 Refugee seamen 121

    • CHAPTER II JURIDICAL STATUS 121

  • Article 12 Personal status 121

  • Article 13 Movable and immovable property 121

  • Article 14 Artistic rights and industrial property 121

  • Article 15 Right of association 122

  • Article 16 Access to courts 122

    • CHAPTER III GAINFUL EMPLOYMENT 122

  • Article 17 Wage-earning employment 122

  • Article 18 Self-employment 122

  • Article 19 Liberal professions 122

    • CHAPTER IV WELFARE 123

  • Article 20 Rationing 123

  • Article 21 Housing 123

  • Article 22 Public education 123

  • Article 23 Public relief 123

  • Article 24 Labour legislation and social security 123

    • CHAPTER V ADMINISTRATIVE MEASURES 124

  • Article 25 Administrative assistance 124

  • Article 26 Freedom of movement 124

  • Article 27 Identity papers 125

  • Article 28 Travel documents 125

  • Article 29 Fiscal charges 125

  • Article 30 Transfer of assets 125

  • Article 31 Refugees unlawfully in the country of refuge 125

  • Article 32 Expulsion 126

  • Article 33 Prohibition of expulsion or return (“refoulement”) 126

  • Article 34 Naturalization 126

    • CHAPTER VI EXECUTORY AND TRANSITORY PROVISIONS 126

  • Article 35 Co-operation of the national authorities with

  • the United Nations 126

  • Article 36 Information on national legislation 126

  • Article 37 Relation to previous conventions 127

    • CHAPTER VII FINAL CLAUSES 127

  • Article 38 Settlement of disputes 127

  • Article 39 Signature, ratification and accession 127

  • Article 40 Territorial application clause 127

  • Article 41 Federal clause 128

  • Article 42 Reservations 128

  • Article 43 Entry into force 128

  • Article 44 Denunciation 128

  • Article 45 Revision 128

  • Article 46 Notifications by the Secretary-General of the United Nations 129

  • 5 - Articles on the Responsibility of States for Internationally Wrongful Acts

  • from Part I - General Instruments
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 64-75

  • Summary

    UN GENERAL ASSEMBLY RESOLUTION A/RES/56/83

    ‘Taken Note’: 12 December 2001

    In Force: Not applicable

    PART ONE THE INTERNATIONALLY WRONGFUL ACT OF A STATE 66

    CHAPTER I GENERAL PRINCIPLES 66

  • Article l Responsibility of a State for its internationally wrongful acts 66

  • Article 2 Elements of an internationally wrongful act of a State 66

  • Article 3 Characterization of an act of a State as internationally wrongful 66

    • CHAPTER II ATTRIBUTION OF CONDUCT TO A STATE 66

  • Article 4 Conduct of organs of a State 66

  • Article 5 Conduct of persons or entities exercising elements of governmental authority 66

  • Article 6 Conduct of organs placed at the disposal of a State by another State 66

  • Article 7 Excess of authority or contravention of instructions 67

  • Article 8 Conduct directed or controlled by a State 67

  • Article 9 Conduct carried out in the absence or default of the official authorities 67

  • Article 10 Conduct of an insurrectional or other movement 67

  • Article 11 Conduct acknowledged and adopted by a State as its own 67

    • CHAPTER III BREACH OF AN INTERNATIONAL OBLIGATION 67

  • Article 12 Existence of a breach of an international obligation 67

  • Article 13 International obligation in force for a State 67

  • Article 14 Extension in time of the breach of an international obligation 67

  • Article 15 Breach consisting of a composite act 68

    • CHAPTER IV RESPONSIBILITY OF A STATE IN CONNECTION WITH THE ACT OF ANOTHER STATE 68

  • Article 16 Aid or assistance in the commission of an internationally wrongful act 68

  • Article 17 Direction and control exercised over the commission of an internationally wrongful act 68

  • Article 18 Coercion of another State 68

  • Article 19 Effect of this chapter 68

    • CHAPTER V CIRCUMSTANCES PRECLUDING WRONGFULNESS 69

  • Article 20 Consent 69

  • Article 21 Self-defence 69

  • Article 22 Countermeasures in respect of an internationally wrongful act 69

  • Article 23 Force majeure 69

  • Article 24 Distress 69

  • Article 25 Necessity 69

  • Article 26 Compliance with peremptory norms 70

  • Article 27 Consequences of invoking a circumstance precluding wrongfulness 70

    • PART TWO CONTENT OF THE INTERNATIONAL RESPONSIBILITY OF A STATE 70

    CHAPTER I GENERAL PRINCIPLES 70

  • Article 28 Legal consequences of an internationally wrongful act 70

  • Article 29 Continued duty of performance 70

  • Article 30 Cessation and non-repetition 70

  • 46 - Resolution 217 A (III) Universal Declaration of Human Rights

  • from Part IV.B.2 - General Assembly
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 361-365

  • Summary

    Adopted: 10 December 1948

    Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

    Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

    Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

    Whereas it is essential to promote the development of friendly relations between nations,

    Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

    Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

    Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

    Now, therefore the General Assembly proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

    Article 1

    All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

  • 22 - International Covenant on Civil and Political Rights

  • from Part II - Protecting the Individual
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 173-188

  • Summary

    999 UNTS 171

    Concluded: 16 December 1966

    In force: 23 March 1976

    PART I 174

    PART II 174

    PART III 175

    PART IV 181

    PART V 187

    PART VI 187

    The States Parties to the present Covenant,

    Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

    Recognizing that these rights derive from the inherent dignity of the human person,

    Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

    Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

    Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

    Agree upon the following articles:

    PART I

    Article 1

  • 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

  • 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

  • 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

An Introduction to International Investment Law
  • David Collins
  • Published online:
    28 May 2018
    Print publication:
    06 October 2016
  • This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline with attention given to their relation to each other and to the manner in which they have been developed through arbitration case law. The context of each legal principle is explored along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.

  • 21 - ECHR, Sixteenth Protocol

  • from Part II - Protecting the Individual
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 170-172

  • Summary

    ETS NO. 214

    Concluded: 2 October 2013

    Not in force

    The member States of the Council of Europe and other High Contracting Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”), signatories hereto,

    Having regard to the provisions of the Convention and, in particular, Article 19 establishing the European Court of Human Rights (hereinafter referred to as “the Court”);

    Considering that the extension of the Court's competence to give advisory opinions will further enhance the interaction between the Court and national authorities and thereby reinforce implementation of the Convention, in accordance with the principle of subsidiarity;

    Having regard to Opinion No. 285 (2013) adopted by the Parliamentary Assembly of the Council of Europe on 28 June 2013,

    Have agreed as follows:

    Article 1

  • 1. Highest courts and tribunals of a High Contracting Party, as specified in accordance with Article 10, may request the Court to give advisory opinions on questions of principle relating to the interpretation or application of the rights and freedoms defined in the Convention or the protocols thereto.

  • 2. The requesting court or tribunal may seek an advisory opinion only in the context of a case pending before it.

  • 3. The requesting court or tribunal shall give reasons for its request and shall provide the relevant legal and factual background of the pending case.

    • Article 2

  • 1. A panel of five judges of the Grand Chamber shall decide whether to accept the request for an advisory opinion, having regard to Article 1. The panel shall give reasons for any refusal to accept the request.

  • 2. If the panel accepts the request, the Grand Chamber shall deliver the advisory opinion.

  • 3. The panel and the Grand Chamber, as referred to in the preceding paragraphs, shall include ex officio the judge elected in respect of the High Contracting Party to which the requesting court or tribunal pertains. If there is none or if that judge is unable to sit, a person chosen by the President of the Court from a list submitted in advance by that Party shall sit in the capacity of judge.

  • 17 - ECHR, Seventh Protocol

  • from Part II - Protecting the Individual
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 157-160

  • Summary

    ETS NO. 117

    Concluded: 22 November 1984

    In force: 1 November 1988

    ARTICLE 1 PROCEDURAL SAFEGUARDS RELATING TO EXPULSION OF ALIENS 157

    ARTICLE 2 RIGHT OF APPEAL IN CRIMINAL MATTERS 158

    ARTICLE 3 COMPENSATION FOR WRONGFUL CONVICTION 158

    ARTICLE 4 RIGHT NOT TO BE TRIED OR PUNISHED TWICE 158

    ARTICLE 5 EQUALITY BETWEEN SPOUSES 158

    ARTICLE 6 TERRITORIAL APPLICATION 158

    ARTICLE 7 RELATIONSHIP TO THE CONVENTION 159

    ARTICLE 8 SIGNATURE AND RATIFICATION 159

    ARTICLE 9 ENTRY INTO FORCE 159

    ARTICLE 10 DEPOSITARY FUNCTIONS 159

    The member States of the Council of Europe signatory hereto,

    Being resolved to take further steps to ensure the collective enforcement of certain rights and freedoms by means of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”),

    Have agreed as follows:

    Article 1 Procedural safeguards relating to expulsion of aliens

    1. An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed:

  • a. to submit reasons against his expulsion,

  • b. to have his case reviewed, and

  • c. to be represented for these purposes before the competent authority or a person or persons designated by that authority.

    • 2. An alien may be expelled before the exercise of his rights under paragraph 1.a, b and c of this Article, when such expulsion is necessary in the interests of public order or is grounded on reasons of national security.

    Article 2 Right of appeal in criminal matters

  • 1. Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law.

  • 2. This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the person concerned was tried in the first instance by the highest tribunal or was convicted following an appeal against acquittal.

  • 31 - Agreement between the Government of New Zealand and the Government of the Republic of Turkey

  • from Part III (A) - Bilateral Cooperation
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 269-280

  • Summary

    RELATING TO AIR SERVICES

    2012 New Zealand Treaty Series, No 6

    Concluded: 4 March 2010

    In force: 9 May 2012

    Article 1 Definitions 270

    Article 2 Designation, authorization and revocation 271

    Article 3 Grant of rights 272

    Article 4 Application of laws 272

    Article 5 Safety 272

    Article 6 Aviation security 274

    Article 7 User charges 275

    Article 8 Statistics 275

    Article 9 Customs duties and other charges 275

    Article 10 Tariffs 276

    Article 11 Capacity 276

    Article 12 Commercial opportunities 277

    Article 13 Competition 278

    Article 14 Flight schedule submission 278

    Article 15 Consultations and amendment 279

    Article 16 Settlement of disputes 279

    Article 17 Termination 280

    Article 18 Registration with ICAO 280

    Article 19 Conformity with multilateral conventions concerning air transportation 280

    Article 20 Titles 280

    Article 21 Entry into force 280

    The Government of New Zealand and the Government of the Republic of Turkey (hereinafter, “the Parties”);

    Being parties to the Convention on International Civil Aviation and to the International Air Services Transit Agreement both opened for signature at Chicago on December 7, 1944;

    Desiring to promote an international aviation system based on competition among airlines in the marketplace and wishing to encourage airlines to develop and implement innovative and competitive services;

    Desiring to ensure the highest degree of safety and security in international air transport and reaffirming their grave concern about acts or threats against the security of aircraft, which jeopardise the safety of persons or property, adversely affect the operation of air transport, and undermine public confidence in the safety of civil aviation;

    Have agreed as follows:

    Article 1 Definitions

    For the purpose of this Agreement, unless otherwise stated, the term:

  • a) “Aeronautical Authorities” means in the case of New Zealand, the Minister responsible for the subject of Civil Aviation, and any person or body authorized to perform any functions exercised by the said Minister and in the case of the Republic of Turkey, the Ministry of Transport Communications and any person or body authorized to perform any functions exercised by the said Ministry;

  • b) “Agreed services” means services for the uplift and discharge of traffic as defined in Article 3, subparagraph 1 (c);

  • c) “Agreement” means this Agreement, its Annexes, and any amendments thereto;

  • 4 - Guarantees Against Discrimination: National Treatment and Most Favoured Nation

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 95-123

  • Summary

    Introduction

    Operating a successful business in a foreign country can be challenging, not least because it is difficult to win over customers who may be uncomfortable purchasing goods or services from companies that are unfamiliar to them. Foreign firms operating without a local partner can have all sorts of problems finding the right suppliers and hiring talented workers as well as adapting to the regulatory environment of the host state, even where they receive expert legal advice. This is simply because it can take some time to develop an understanding of how things are done in other places on a more practical level. As demanding as internationalization can be on its own for these and many other reasons, it is infinitely more problematic if the host state places additional barriers on foreign firms or firms from certain countries than are placed on other ones operating in the same field. Surviving in an already competitive market can become near impossible if foreign firms suffer unfair regulatory treatment at the hands of the domestic government because this can give an advantage to other businesses, even unintentionally. Eliminating discrimination in the application of laws imposed on foreign investors is therefore one of the most important features of international investment law.

    This chapter focuses on the two non-discrimination guarantees found in most IIAs: National Treatment and Most Favoured Nation (MFN), each of which will be considered in turn. It will look at several examples of how these vital standards of protection for foreign investors have been used in specific instances as well as the key exceptions to them, most notably the limit of post-establishment in the case of National Treatment and the arguable exclusion of procedural protections such as access to dispute settlement in the case of MFN. The crucial but unsettled concept of ‘likeness’ for the purposes of comparison between investors in order to ground a claim of discrimination under both of these standards will also be examined in part by distinguishing this from similar tests developed in the context of international trade law.

    Before embarking on a consideration of the non-discrimination standards in IIAs, it is worth considering the backdrop to these protections, namely what exists in customary international law. Chief among the obligations regarding foreign investment in customary international law is the responsibility of states to provide the international minimum standard of protection to aliens.

  • 5 - Fair and Equitable Treatment, Full Protection and Security, and Umbrella Clauses

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 124-155

  • Summary

    Introduction

    In the decades since IIAs have emerged as the key component of international investment law having been accepted by most countries around the world, a number of forms of protection within them have become standardized features. These specific safeguards reflect the reality that customary international law was an inadequate defence of the interests of foreign firms, just as it appeared to be insufficient to augment flows of capital to the states where it was sought. Ever seeking to ensure that the climate into which they were directing their business activities was a secure and by extension at least potentially profitable one, IIAs came to include guarantees against a range of behaviours, which, unlike those discussed in the previous chapter, were unrelated to discrimination on the grounds of nationality. Rather, absolute standards of protection were sought and developed. Whether or not these standards have achieved the degree of coherence desired by foreign firms in practice is another question.

    Continuing with this book's focus on the content of IIAs, this chapter will outline several of the other key forms of protection for foreign investors contained in these instruments. It will begin by examining the powerful but highly indeterminate Fair and Equitable Treatment (FET) standard, which in its essence guarantees fairness in dealings with the host state government and in so doing controls the manner in which laws and regulations are applied to foreign firms. It will go on to the somewhat related guarantee of FPS, which promises that foreign investors receive adequate protection by the host state against civil unrest. Next, umbrella clauses will be presented as deceptively powerful features of IIAs, allowing investors to assert ordinary breaches of contract as treaty violations. This chapter will also consider the promise of free transfer of currency found in most IIAs, which allows investors to repatriate their profits without undue restrictions. Perhaps the most important of all substantive protections, that of guaranteeing that there will be no expropriation of foreign property without full compensation, will be left to the next chapter.

  • 50 - Resolution 2625 (XXV) Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations

  • from Part IV.B.2 - General Assembly
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 375-382

  • Summary

    Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations

    Adopted: 24 October 1970

    The General Assembly,

    Recalling its resolutions 1815 (XVII) of 18 December 1962, 1966 (XVIII) of 16 December 1963, 2103 (XX) of 20 December 1965, 2181 (XXI) of 12 December 1966, 2327 (XXII) of 18 December 1967, 2463 (XXIII) of 20 December 1968 and 2533 (XXIV) of 8 December 1969, in which it affirmed the importance of the progressive development and codification of the principles of international law concerning friendly relations and co-operation among States,

    Having considered the report of the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States, which met in Geneva from 31 March to 1 May 1970,

    Emphasizing the paramount importance of the Charter of the United Nations for the maintenance of international peace and security and for the development of Friendly relations and Co-operation among States, Deeply convinced that the adoption of the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations on the occasion of the twenty-fifth anniversary of the United Nations would contribute to the strengthening of world peace and constitute a landmark in the development of international law and of relations among States, in promoting the rule of law among nations and particularly the universal application of the principles embodied in the Charter,

    Considering the desirability of the wide dissemination of the text of the Declaration,

  • 1. Approves the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, the text of which is annexed to the present resolution;

  • 2. Expresses its appreciation to the Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States for its work resulting in the elaboration of the Declaration;

  • 3. Recommends that all efforts be made so that the Declaration becomes generally known.

    • ANNEX

    Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations

  • 59 - Kyoto Protocol to the United Nations Framework Convention on Climate Change

  • from Part V - Substantive Issues
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 491-508

  • Summary

    2303 UNTS 162

    Concluded: 11 December 1997

    In force: 16 February 2005

    The Parties to this Protocol,

    Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”,

    In pursuit of the ultimate objective of the Convention as stated in its Article 2,

    Recalling the provisions of the Convention,

    Being guided by Article 3 of the Convention,

    Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its first session,

    Have agreed as follows:

    Article 1

    For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply. In addition:

  • 1. “Conference of the Parties” means the Conference of the Parties to the Convention.

  • 2. “Convention” means the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992.

  • 3. “Intergovernmental Panel on Climate Change” means the Intergovernmental Panel on Climate Change established in 1988 jointly by the World Meteorological Organization and the United Nations Environment Programme.

  • 4. “Montreal Protocol” means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended.

  • 5. “Parties present and voting” means Parties present and casting an affirmative or negative vote.

  • 6. “Party” means, unless the context otherwise indicates, a Party to this Protocol.

  • 7. “Party included in Annex I” means a Party included in Annex I to the Convention, as may be amended, or a Party which has made a notification under Article 4, paragraph 2(g), of the Convention.

    • Article 2

    1. Each Party included in Annex I, in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development, shall:

    (a) Implement and/or further elaborate policies and measures in accordance with its national circumstances, such as:

  • (i) Enhancement of energy efficiency in relevant sectors of the national economy;

  • (ii) Protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its commitments under relevant international environmental agreements; promotion of sustainable forest management practices, afforestation and reforestation;

  • 43 - Security Council Resolution 1373 (2001)

  • from Part IV.B.1 - Security Council
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 345-347

  • Summary

    Adopted: 28 September 2001

    The Security Council,

    Reaffirming its resolutions 1269 (1999) of 19 October 1999 and 1368 (2001) of 12 September 2001,

    Reaffirming also its unequivocal condemnation of the terrorist attacks which took place in New York, Washington, D.C. and Pennsylvania on 11 September 2001, and expressing its determination to prevent all such acts,

    Reaffirming further that such acts, like any act of international terrorism, constitute a threat to international peace and security,

    Reaffirming the inherent right of individual or collective self-defence as recognized by the Charter of the United Nations as reiterated in resolution 1368 (2001),

    Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts,

    Deeply concerned by the increase, in various regions of the world, of acts of terrorism motivated by intolerance or extremism,

    Calling on States to work together urgently to prevent and suppress terrorist acts, including through increased cooperation and full implementation of the relevant international conventions relating to terrorism,

    Recognizing the need for States to complement international cooperation by taking additional measures to prevent and suppress, in their territories through all lawful means, the financing and preparation of any acts of terrorism,

    Reaffirming the principle established by the General Assembly in its declaration of October 1970 (resolution 2625 (XXV)) and reiterated by the Security Council in its resolution 1189 (1998) of 13 August 1998, namely that every State has the duty to refrain from organizing, instigating, assisting or participating in terrorist acts in another State or acquiescing in organized activities within its territory directed towards the commission of such acts,

    Acting under Chapter VII of the Charter of the United Nations,

    1. Decides that all States shall:

  • (a) Prevent and suppress the financing of terrorist acts;

  • (b) Criminalize the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts;

  • 18 - ECHR, Twelfth Protocol

  • from Part II - Protecting the Individual
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 161-163

  • Summary

    ETS NO. 177

    Concluded: 4 November 2000

    In force: 1 April 2005

    ARTICLE 1 GENERAL PROHIBITION OF DISCRIMINATION 161

    ARTICLE 2 TERRITORIAL APPLICATION 161

    ARTICLE 3 RELATIONSHIP TO THE CONVENTION 162

    ARTICLE 4 SIGNATURE AND RATIFICATION 162

    ARTICLE 5 ENTRY INTO FORCE 162

    ARTICLE 6 DEPOSITARY FUNCTIONS 162

    The member States of the Council of Europe signatory hereto,

    Having regard to the fundamental principle according to which all persons are equal before the law and are entitled to the equal protection of the law;

    Being resolved to take further steps to promote the equality of all persons through the collective enforcement of a general prohibition of discrimination by means of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”);

    Reaffirming that the principle of non-discrimination does not prevent States Parties from taking measures in order to promote full and effective equality, provided that there is an objective and reasonable justification for those measures,

    Have agreed as follows:

    Article 1 General prohibition of discrimination

  • 1. The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

  • 2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.

    • Article 2 Territorial application

  • 1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol shall apply.

  • 2. Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt by the Secretary General of such declaration.

  • 1 - Montevideo Convention on Rights and Duties of States

  • from Part I - General Instruments
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 2-4

  • Summary

    165 LNTS 19

    Concluded: 26 December 1933

    In force: 26 December 1934

    The Governments represented in the Seventh International Conference of American States:

    Wishing to conclude a Convention on Rights and Duties of States, have appointed the following Plenipotentiaries…

    Who, after having exhibited their Full Powers, which were found to be in good and due order, have agreed upon the following:

    Article 1

    The state as a person of international law should possess the following qualifications: a) a permanent population; b) a defined territory; c) government; and d) capacity to enter into relations with the other states.

    Article 2

    The federal state shall constitute a sole person in the eyes of international law.

    Article 3

    The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts.

    The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.

    Article 4

    States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.

    Article 5

    The fundamental rights of states are not susceptible of being affected in any manner whatsoever.

    Article 6

    The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable.

    Article 7

    The recognition of a state may be express or tacit. The latter results from any act which implies the intention of recognizing the new state.

    Article 8

    No state has the right to intervene in the internal or external affairs of another.

    Article 9

    The jurisdiction of states within the limits of national territory applies to all the inhabitants.

    Nationals and foreigners are under the same protection of the law and the national authorities and the foreigners may not claim rights other or more extensive than those of the nationals.

  • 7 - Compensation

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 185-213

  • Summary

    Introduction

    If the purpose of international investment law is to grant investors some degree of legal security in their commercial activities in foreign states, the ability to be compensated when their legal entitlements are undermined is surely among the most important facets of that security. The purpose of compensation is, in most systems of law, to make the injured party whole. To put this more bluntly, courts must facilitate the transferring to victims of an amount of money that is equivalent to the harm that has been suffered. If the compensation is properly calibrated the investor should be indifferent to whether they receive money or whether the injury had never occurred at all. The precise measure of the compensation is highly controversial, occupying a good portion of discussion in many arbitration decisions and the subject of a number of academic treatises.

    The nature and amount of compensation for aggrieved investors will be examined in this chapter, noting some of the persistent controversies in relation to different understandings of what is meant by full compensation: the Hull Formula favoured by developed states and the Calvo Doctrine which has traditionally found support in some developing states, particularly in Latin America where it originated. Compensation for lawful measures (such as expropriation that is in the public interest) will be contrasted with illegal measures, entitling investors to damages. These issues will be linked to technical problems in relation to asset valuation, as well as emerging debates concerning the capacity of tribunals to award moral damages as well as non-pecuniary remedies.

    As observed in the previous chapter, it is widely accepted in international law that lawful expropriation by a host state must be accompanied by compensation to the disaffected owner. The centrality of this principle has unfortunately clouded our understanding of compensation in international investment law because host states incur many more obligations in IIAs than simply those concerning expropriation, violations of which also engage obligations to make reparations to injured investors. Moreover, if there is a requirement to pay compensation for a lawful expropriation, then what is a state's obligation with respect to an unlawful one? Surely it must be something more otherwise there is an uncomfortable moral equivalence – but then going beyond mere compensation implies a punishment, which is not normally seen as a feature of international law.

  • 60 - Marrakesh Agreement establishing the World Trade Organization

  • from Part V - Substantive Issues
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 509-518

  • Summary

    www.wto.org/english/docs_e/legal_e/04-wto_e.htm

    Concluded: 15 April 1994

    In force: 1 January 1995

    Article I Establishment of the Organization 510

    Article II Scope of the WTO 510

    Article III Functions of the WTO 510

    Article IV Structure of the WTO 511

    Article V Relations with Other Organizations 512

    Article VI The Secretariat 512

    Article VII Budget and Contributions 513

    Article VIII Status of the WTO 513

    Article IX Decision-Making 513

    Article X Amendments 515

    Article XI Original Membership 516

    Article XII Accession 516

    Article XIII Non-Application of Multilateral Trade Agreements

    between Particular Members 517

    Article XIV Acceptance, Entry into Force and Deposit 517

    Article XV Withdrawal 518

    Article XVI Miscellaneous Provisions 518

    The Parties to this Agreement,

    Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,

    Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,

    Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,

    Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,

    Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,

    Agree as follows:

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