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24652 results in Public International Law

Page 488 of 1233

  • 3 - Statute of the International Court of Justice

  • 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 29-41

  • Summary

    www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0

    Concluded: 26 June 1945

    In force: 24 October 1945

    CHAPTER I ORGANIZATION OF THE COURT 29

    CHAPTER II COMPETENCE OF THE COURT 35

    CHAPTER III PROCEDURE 36

    CHAPTER IV ADVISORY OPINIONS 40

    CHAPTER V AMENDMENT 41

    Article 1

    The International Court of Justice established by the Charter of the United Nations as the principal judicial organ of the United Nations shall be constituted and shall function in accordance with the provisions of the present Statute.

    CHAPTER I ORGANIZATION OF THE COURT

    Article 2

    The Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law.

    Article 3

  • 1. The Court shall consist of fifteen members, no two of whom may be nationals of the same state.

  • 2. A person who for the purposes of membership in the Court could be regarded as a national of more than one state shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights.

    • Article 4

  • 1. The members of the Court shall be elected by the General Assembly and by the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration, in accordance with the following provisions.

  • 2. In the case of Members of the United Nations not represented in the Permanent Court of Arbitration, candidates shall be nominated by national groups appointed for this purpose by their governments under the same conditions as those prescribed for members of the Permanent Court of Arbitration by Article 44 of the Convention of The Hague of 1907 for the pacific settlement of international disputes.

  • 3. The conditions under which a state which is a party to the present Statute but is not a Member of the United Nations may participate in electing the members of the Court shall, in the absence of a special agreement, be laid down by the General Assembly upon recommendation of the Security Council.

  • 8 - Dispute Settlement

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 214-249

  • Summary

    Introduction

    The protections in IIAs that have been considered so far in this book would be immaterial if there was no way for investors to enforce them in order to receive remedies such as monetary compensation. This is why, in addition to substantive obligations, IIAs also contain procedural guarantees for access to dispute settlement. Through one of these mechanisms, investor–state arbitration, investors can seek direct redress against host states if the other substantive features of the IIA or investment contract are not honoured. It is no overstatement to claim that the greatest advantage in international investment law to investors is access to neutral international dispute settlement. This procedure offsets one of the most significant risks involved in investing abroad – ineffective access to justice through the legal system of the host state.

    This chapter will explore dispute settlement in international investment law, evaluating the criticisms that it is undemocratic and non-transparent and at the same time seen as a major advantage to foreign firms because it ensures fairness and confidentiality. It will outline perhaps the most popular system of investor–state dispute settlement in the world today, the ICSID, exploring some of its key procedural features and trends. It will also consider UNCITRAL Arbitration Rules as well as the pressing procedural matters in these fora such as costs. State-to-state and alternative systems of dispute resolution will also be considered, along with the important procedural issue of cost allocation.

    Some form of investor–state dispute settlement is provided for in almost every IIA. Indeed, it is the single most important feature associated with the IIA phenomenon because almost everything else (for example FET, guarantees against expropriation without compensation, transparency) was arguably already captured by customary international law. Yet the international adjudication of investment disputes is seen as a major threat to national sovereignty as it often bypasses local courts, giving foreigners greater procedural rights than are available to local investors. While there are many lively issues in international investment law, this is without question the most controversial aspect of IIAs. There is growing scepticism across many segments of society towards investor–state arbitration, often tied to the perception that the process undermines national sovereignty at the behest of profit-driven multinational enterprises. Indeed investor–state dispute settlement has in recent times become synonymous with the global back-room deal-making between avaricious corporations and corrupt governments.

  • 33 - Armenia-India Agreement for the Promotion and Protection of Investments

  • 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 289-295

  • Summary

    UNCTAD INVESTMENT POLICY HUB

    Concluded: 23 May 2003

    In force: 30 May 2006

    Article 1 Definitions 289

    Article 2 Scope of the Agreement 290

    Article 3 Promotion and Protection of Investment 290

    Article 4 National Treatment and Most-Favoured-Nation Treatment 291

    Article 5 Alienation 291

    Article 6 Compensation for Losses 291

    Article 7 Repatriation of Investment and Returns 292

    Article 8 Subrogation 292

    Article 9 Settlement of Disputes Between an Investor and a Contracting Party 292

    Article 10 Disputes between the Contracting Parties 293

    Article 11 Entry and Sojourn of Personnel 294

    Article 12 Applicable Laws 294

    Article 13 Application of other Rules 294

    Article 14 Amendments and changes 294

    Article 15 Entry into Force 294

    Article 16 Duration and Termination 295

    The Government of the Republic of India and the Government of the Republic of Armenia (hereinafter referred to as the “Contracting Parties”);

    Desiring to create conditions favourable for fostering greater investment by investors of one State in the territory of the other State;

    Recognising that the encouragement and reciprocal protection under International agreement of such investment will be conducive to the stimulation of individual business initiative and will increase prosperity in both States;

    Have agreed as follows:

    Article 1 Definitions

    For the purposes of this Agreement:

    (1) “Companies” means corporations, firms and associations incorporated or constituted or established under the law in force in any part of the Contracting Parties.

    (2) “investment” means every kind of asset established or acquired including changes in the form of such investment, in accordance with the national laws of the Contracting Party in whose territory the investment is made and in particular, though not exclusively, includes:

  • (i) movable and immovable property as well as other rights such as mortgages, liens or pledges;

  • (ii) shares in and stock and debentures of a company and any other similar forms of participation in a company;

  • (iii) rights to money or to any performance under contract having a financial value;

  • (iv) intellectual property rights, in accordance with the relevant laws of the respective Contracting Party;

  • (v) business concessions conferred by law or under contract, including concessions to search for and extract oil and other minerals;

  • 61 - General Agreement on Tariffs and Trade (1947, excerpts)

  • 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 519-526

  • Summary

    www.wto.org/english/docs_e/legal_e/gatt47_e.pdf

    Concluded: 30 October 1947

    In force: not applicable

    Article I General Most-Favoured-Nation Treatment 519

    Article III National Treatment on Internal Taxation and Regulation 520

    Article XI General Elimination of Quantitative Restrictions 522

    Article XX General Exceptions 522

    Article XXI Security Exceptions 523

    Article XXIV Territorial Application – Frontier Traffic – Customs Unions and Free-trade Areas 524

    Article I General Most-Favoured-Nation Treatment

    1. With respect to customs duties and charges of any kind imposed on or in connection with importation or exportation or imposed on the international transfer of payments for imports or exports, and with respect to the method of levying such duties and charges, and with respect to all rules and formalities in connection with importation and exportation, and with respect to all matters referred to in paragraphs 2 and 4 of Article III, any advantage, favour, privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for the territories of all other contracting parties.

    2. The provisions of paragraph 1 of this Article shall not require the elimination of any preferences in respect of import duties or charges which do not exceed the levels provided for in paragraph 4 of this Article and which fall within the following descriptions:

  • (a) Preferences in force exclusively between two or more of the territories listed in Annex A, subject to the conditions set forth therein;

  • (b) Preferences in force exclusively between two or more territories which on July 1, 1939, were connected by common sovereignty or relations of protection or suzerainty and which are listed in Annexes B, C and D, subject to the conditions set forth therein;

  • (c) Preferences in force exclusively between the United States of America and the Republic of Cuba;

  • (d) Preferences in force exclusively between neighbouring countries listed in Annexes E and F.

    • 3. The provisions of paragraph 1 shall not apply to preferences between the countries formerly a part of the Ottoman Empire and detached from it on July 24, 1923, provided such preferences are approved under paragraph 5(1), of Article XXV which shall be applied in this respect in the light of paragraph 1 of Article XXIX.

  • 37 - Denmark's Objection to the US Reservation to ICCPR

  • from Part III (B) - Unilateral Instruments
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 302-302

  • Summary

    www.bayefsky.com//html/denmark_t2_ccpr.php

    Notified: 1 October 1993

    With regard to the reservations made by the United States of America:

    “Having examined the contents of the reservations made by the United States of America, Denmark would like to recall article 4, para 2 of the Covenant according to which no derogation from a number of fundamental articles, inter alia 6 and 7, may be made by a State Party even in time of public emergency which threatens the life of the nation.

    In the opinion of Denmark, reservation (2) of the United States with respect to capital punishment for crimes committed by persons below eighteen years of age as well as reservation (3) with respect to article 7 constitute general derogations from articles 6 and 7, while according to article 4, para 2 of the Covenant such derogations are not permitted.

    Therefore, and taking into account that articles 6 and 7 are protecting two of the most basic rights contained in the Covenant, the Government of Denmark regards the said reservations incompatible with the object and purpose of the Covenant, and consequently Denmark objects to the reservations.

    These objections do not constitute an obstacle to the entry into force of the Covenant between Denmark and the United States.”

  • 38 - Convention on the Privileges and Immunities of the United Nations

  • from Part IV (A) - Some General Instruments
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 305-311

  • Summary

    1 UNTS 15

    Concluded: 13 February 1946

    In force: 17 September 1946

    ARTICLE I JURIDICTIONAL PERSONALITY 305

    ARTICLE II PROPERTY, FUNDS AND ASSETS 306

    ARTICLE III FACILITIES IN RESPECT OF COMMUNICATIONS 307

    ARTICLE IV THE REPRESENTATIVES OF MEMBERS 307

    ARTICLE V OFFICIALS 308

    ARTICLE VI EXPERTS ON MISSIONS FOR THE UNITED NATIONS 309

    ARTICLE VII UNITED NATIONS LAISSEZ-PASSER 310

    ARTICLE VIII SETTLEMENT OF DISPUTES 311

    FINAL ARTICLE 311

    Whereas Article 104 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes and

    Whereas Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes and that representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization;

    Consequently the General Assembly by a Resolution adopted on the 13 February 1946, approved the following Convention and proposed it for accession by each Member of the United Nations.

    ARTICLE I JURIDICTIONAL PERSONALITY

    Section 1

    The United Nations shall possess juridical personality. It shall have the capacity:

  • (a) to contract;

  • (b) to acquire and dispose of immovable and movable property;

  • (c) to institute legal proceedings.

    • ARTICLE II PROPERTY, FUNDS AND ASSETS

    Section 2

    The United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

  • 34 - US Recognition of South Sudan (Speech, President Obama)

  • from Part III (B) - Unilateral Instruments
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 297-297

  • Summary

    Iipdigital.usembassy.gov

    9 July 2011

    I am proud to declare that the United States formally recognizes the Republic of South Sudan as a sovereign and independent state upon this day, July 9, 2011. After so much struggle by the people of South Sudan, the United States of America welcomes the birth of a new nation.

    Today is a reminder that after the darkness of war, the light of a new dawn is possible. A proud flag flies over Juba and the map of the world has been redrawn. These symbols speak to the blood that has been spilled, the tears that have been shed, the ballots that have been cast, and the hopes that have been realized by so many millions of people. The eyes of the world are on the Republic of South Sudan. And we know that southern Sudanese have claimed their sovereignty, and shown that neither their dignity nor their dream of self-determination can be denied.

    This historic achievement is a tribute, above all, to the generations of southern Sudanese who struggled for this day. It is also a tribute to the support that has been shown for Sudan and South Sudan by so many friends and partners around the world. Sudan's African neighbors and the African Union played an essential part in making this day a reality. And along with our many international and civil society partners, the United States has been proud to play a leadership role across two Administrations. Many Americans have been deeply moved by the aspirations of the Sudanese people, and support for South Sudan extends across different races, regions, and political persuasions in the United States. I am confident that the bonds of friendship between South Sudan and the United States will only deepen in the years to come. As Southern Sudanese undertake the hard work of building their new country, the United States pledges our partnership as they seek the security, development and responsive governance that can fulfill their aspirations and respect their human rights.

    As today also marks the creation of two new neighbors, South Sudan and Sudan, both peoples must recognize that they will be more secure and prosperous if they move beyond a bitter past and resolve differences peacefully. Lasting peace will only be realized if all sides fulfill their responsibilities.

  • 35 - United Kingdom Optional Clause Declaration

  • from Part III (B) - Unilateral Instruments
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 298-298

  • Summary

    www.icj-cij.org

    30 December 2014

    1. The Government of the United Kingdom of Great Britain and Northern Ireland accept as compulsory ipso facto and without special convention, on condition of reciprocity, the jurisdiction of the International Court of Justice, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to terminate the acceptance, over all disputes arising after 1 January 1984, with regard to situations or facts subsequent to the same date, other than:

  • (i) any dispute which the United Kingdom has agreed with the other Party or Parties thereto to settle by some other method of peaceful settlement;

  • (ii) any dispute with the government of any other country which is or has been a Member of the Commonwealth;

  • (iii) any dispute in respect of which any other Party to the dispute has accepted the compulsory jurisdiction of the International Court of Justice only in relation to or for the purpose of the dispute; or where the acceptance of the Court's compulsory jurisdiction on behalf of any other Party to the dispute was deposited or ratified less than twelve months prior to the filing of the application bringing the dispute before the Court;

  • (iv) any dispute which is substantially the same as a dispute previously submitted to the Court by the same or another Party.

    • 2. The Government of the United Kingdom also reserves the right at any time, by means of a notification addressed to the Secretary-General of the United Nations, and with effect as from the moment of such notification, either to add to, amend or withdraw any of the foregoing reservations, or any that may hereafter be added.

  • 6 - Guarantees Against Expropriation

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 156-184

  • Summary

    Introduction

    Expropriation is the most serious interference that a host state can impose on a foreign investor. Beyond simply imposing barriers or denying access to legal processes, or establishing conditions which grant an unfair advantage to competitors, expropriation results in the transfer of an asset owned by the investor into the hands of the host government. Representing in many respects a fundamental transgression of the right of individuals to own and make use of their property, the various forms of expropriation consist of the host government taking possession of the investment itself, either directly through official decree, or through a series of measures that have the effect of taking because cumulatively they become so burdensome that the commercial operation in the hands of the foreign investor is drained of its practical value.

    Since the understanding of the host state's actions that can constitute expropriation has become so expansive, and since many types of regulations serve a legitimate public purpose even where the effects on foreign investment are damaging, tribunals enquiring into allegations of expropriation must cautiously balance the investor's entitlement to enjoy the fruits of its labour and the government's sovereign right to enact laws to serve its citizens. The compromise of monetary compensation for takings, which will be examined in its own chapter, has been developed to address these tensions. For now this chapter will explore the concept of expropriation in international investment law, focusing closely on its much more controversial modern iteration, that of indirect expropriation.

    Scope and Definitions

    The Right to Expropriate

    The starting point of the analysis of international investment law's doctrine of expropriation and the guarantees against this action without compensation enshrined in IIAs is the understanding that the state has a right to control property and economic resources within its territory in order to enhance its economic, political and other objectives. This right was explored earlier in relation to the UN's NIEO philosophy and is correctly viewed as one of the elements of statehood. Given this right, it is conceded that the taking of property by a state within its territory is fundamentally lawful. It is further generally accepted, however, that a lawful taking creates an obligation to pay compensation to the owner of the property that was seized. An unlawful taking, on the other hand, creates an obligation to pay damages.

  • 25 - African Charter on Human and Peoples' 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 219-230

  • Summary

    1520 UNTS 363

    Concluded: 27 June 1981

    In force: 21 October 1986

    PART I RIGHTS AND DUTIES 220

    CHAPTER I HUMAN AND PEOPLES’ RIGHTS 220

    CHAPTER II DUTIES 224

    PART II MEASURES OF SAFEGUARD 225

    CHAPTER I ESTABLISHMENT AND ORGANIZATION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS 225

    CHAPTER II MANDATE OF THE COMMISSION 226

    CHAPTER III PROCEDURE OF THE COMMISSION 226

  • Communication from States 226

  • Other Communications 227

    • CHAPTER IV APPLICABLE PRINCIPLES 228

    PART III GENERAL PROVISIONS 229

    The African States members of the Organization of African Unity, parties to the present convention entitled “African Charter on Human and Peoples’ Rights”,

    Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government at its Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July 1979 on the preparation of a “preliminary draft on an African Charter on Human and Peoples’ Rights providing inter alia for the establishment of bodies to promote and protect human and peoples’ rights”;

    Considering the Charter of the Organization of African Unity, which stipulates that “freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples”;

    Reaffirming the pledge they solemnly made in Article 2 of the said Charter to eradicate all forms of colonialism from Africa, to coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa and to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights;

    Taking into consideration the virtues of their historical tradition and the values of African civilization which should inspire and characterize their reflection on the concept of human and peoples’ rights;

    Recognizing on the one hand, that fundamental human rights stem from the attributes of human beings which justifies their national and international protection and on the other hand that the reality and respect of peoples rights should necessarily guarantee human rights;

    Considering that the enjoyment of rights and freedoms also implies the performance of duties on the part of everyone;

  • 55 - United Nations Convention on the Law of the Sea (excerpts)

  • 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 417-475

  • Summary

    1833 UNTS 3

    Concluded: 10 December 1982

    In force: 16 November 1994

    PART I INTRODUCTION

    Article 1 Use of terms and scope 423

    PART II TERRITORIAL SEA AND CONTIGUOUS ZONE

    SECTION 1 GENERAL PROVISIONS 424

    Article 2 Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil 424

    SECTION 2 LIMITS OF THE TERRITORIAL SEA 425

  • Article 3 Breadth of the territorial sea 425

  • Article 4 Outer limit of the territorial sea 425

  • Article 5 Normal baseline 425

  • Article 6 Reefs 425

  • Article 7 Straight baselines 425

  • Article 8 Internal waters 426

  • Article 9 Mouths of rivers 426

  • Article 10 Bays 426

  • Article 11 Ports 426

  • Article 12 Roadsteads 427

  • Article 13 Low-tide elevations 427

  • Article 14 Combination of methods for determining baselines 427

  • Article 15 Delimitation of the territorial sea between States with opposite or adjacent coasts 427

  • Article 16 Charts and lists of geographical coordinates 427

    • SECTION 3 INNOCENT PASSAGE IN THE TERRITORIAL SEA 427

  • Subsection A Rules Applicable to All Ships 427

  • Article 17 Right of innocent passage 427

  • Article 18 Meaning of passage 428

  • Article 19 Meaning of innocent passage 428

  • Article 20 Submarines and other underwater vehicles 428

  • Article 21 Laws and regulations of the coastal State relating to innocent passage 428

  • Article 22 Sea lanes and traffic separation schemes in the territorial sea 429

  • Article 23 Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances 429

  • Article 24 Duties of the coastal State 429

  • Article 25 Rights of protection of the coastal State 430

  • Article 26 Charges which may be levied upon foreign ships 430

  • Subsection B Rules Applicable to Merchant Ships and Government Ships Operated for Commercial Purposes 430

  • Article 27 Criminal jurisdiction on board a foreign ship 430

  • Article 28 Civil jurisdiction in relation to foreign ships 431

  • Subsection C Rules Applicable to Warships and other Government Ships Operated for Non-Commercial Purposes 431

  • Article 29 Definition of warships 431

  • Article 30 Non-compliance by warships with the laws and regulations of the coastal State 431

  • Article 31 Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes 431

  • Article 32 Immunities of warships and other government ships operated for non-commercial purposes 432

  • 14 - ECHR, First 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 149-150

  • Summary

    ETS NO. 9

    Concluded: 20 March 1952

    In force: 18 May 1954

    ARTICLE 1 PROTECTION OF PROPERTY 149

    ARTICLE 2 RIGHT TO EDUCATION 149

    ARTICLE 3 RIGHT TO FREE ELECTIONS 149

    ARTICLE 4 TERRITORIAL APPLICATION 150

    ARTICLE 5 RELATIONSHIP TO THE CONVENTION 150

    ARTICLE 6 SIGNATURE AND RATIFICATION 150

    The governments signatory hereto, being members of the Council of Europe,

    Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I 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 Protection of property

    Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

    The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

    Article 2 Right to education

    No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

    Article 3 Right to free elections

    The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

    Article 4 Territorial application

    Any High Contracting Party may at the time of signature or ratification or at any time thereafter communicate to the Secretary General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of the present Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.

  • 10 - Convention on the Prevention and Punishment of the Crime of Genocide

  • 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 112-115

  • Summary

    78 UNTS 277

    Concluded: 1 January 1948

    In force: 12 January 1951

    The Contracting Parties,

    Having considered the declaration made by the General Assembly of the United Nations in its resolution 96 (I) dated 11 December 1946 that genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world,

    Recognizing that at all periods of history genocide has inflicted great losses on humanity, and

    Being convinced that, in order to liberate mankind from such an odious scourge, international co-operation is required,

    Hereby agree as hereinafter provided:

    Article I

    The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

    Article II

    In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

  • (a)Killing members of the group;

  • (b)Causing serious bodily or mental harm to members of the group;

  • (c)Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

  • (d) Imposing measures intended to prevent births within the group;

  • (e) Forcibly transferring children of the group to another group.

    • Article III

    The following acts shall be punishable:

  • (a) Genocide;

  • (b) Conspiracy to commit genocide;

  • (c)Direct and public incitement to commit genocide;

  • (d) Attempt to commit genocide;

  • (e) Complicity in genocide.

    • Article IV

    Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

    Article V

    The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.

  • 41 - Constitutive Act of the African Union

  • from Part IV (A) - Some General Instruments
  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    International Law Documents
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 329-338

  • Summary

    www.au.int

    Concluded: 11 July 2000

    In force: 26 May 2001

    Article 1 Definitions 331

    Article 2 Establishment 331

    Article 3 Objectives 331

    Article 4 Principles 332

    Article 5 Organs of the Union 332

    Article 6 The Assembly 333

    Article 7 Decisions of the Assembly 333

    Article 8 Rules of Procedure of the Assembly 333

    Article 9 Powers and Functions of the Assembly 333

    Article 10 The Executive Council 334

    Article 11 Decisions of the Executive Council 334

    Article 12 Rules of Procedure of the Executive Council 334

    Article 13 Functions of the Executive Council 334

    Article 14 The Specialized Technical Committees Establishment and Composition 334

    Article 15 Functions of the Specialized Technical Committees 335

    Article 16 Meetings 335

    Article 17 The Pan-African Parliament 335

    Article 18 The Court of Justice 335

    Article 19 The Financial Institutions 335

    Article 20 The Commission 336

    Article 21 The Permanent Representatives Committee 336

    Article 22 The Economic, Social and Cultural Council 336

    Article 23 Imposition of Sanctions 336

    Article 24 The Headquarters of the Union 336

    Article 25 Working Languages 336

    Article 26 Interpretation 337

    Article 27 Signature, Ratification and Accession 337

    Article 28 Entry into Force 337

    Article 29 Admission to Membership 337

    Article 30 Suspension 337

    Article 31 Cessation of Membership 337

    Article 32 Amendment and Revision 337

    Article 33 Transitional Arrangements and Final Provisions 338

    Inspired by the noble ideals which guided the founding fathers of our Continental Organization and generations of Pan-Africanists in their determination to promote unity, solidarity, cohesion and cooperation among the peoples of Africa and African States;

    Considering the principles and objectives stated in the Charter of the Organization of African Unity and the Treaty establishing the African Economic Community;

    Recalling the heroic struggles waged by our peoples and our countries for political independence, human dignity and economic emancipation;

    Considering that since its inception, the Organization of African Unity has played a determining and invaluable role in the liberation of the continent, the affirmation of a common identity and the process of attainment of the unity of our continent and has provided a unique framework for our collective action in Africa and in our relations with the rest of the world.

  • 51 - Resolution 41/128 Declaration on the Right to Development

  • 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 383-388

  • Summary

    Declaration on the Right to Development

    Adopted: 4 December 1986

    The General Assembly,

    Having considered the question of the right to development,

    Decides to adopt the Declaration on the Right to Development, the text of which is annexed to the present resolution.

    ANNEX

    Declaration on the Right to Development

    The General Assembly,

    Bearing in mind the purposes and principles of the Charter of the United Nations relating to the achievement of international co-operation in solving international problems of an economic, social, cultural or humanitarian nature, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,

    Recognizing that development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom,

    Considering that under the provisions of the Universal Declaration of Human Rights everyone is entitled to a social and international order in which the rights and freedoms set forth in that Declaration can be fully realized,

    Recalling the provisions of the International Covenant on Economic, Social and Cultural Rights and of the International Covenant on Civil and Political Rights,

    Recalling further the relevant agreements, conventions, resolutions, recommendations and other instruments of the United Nations and its specialized agencies concerning the integral development of the human being, economic and social progress and development of all peoples, including those instruments concerning decolonization, the prevention of discrimination, respect for and observance of, human rights and fundamental freedoms, the maintenance of international peace and security and the further promotion of friendly relations and co-operation among States in accordance with the Charter,

    Recalling the right of peoples to self-determination, by virtue of which they have the right freely to determine their political status and to pursue their economic, social and cultural development,

    Recalling also the right of peoples to exercise, subject to the relevant provisions of both International Covenants on Human Rights, full and complete sovereignty over all their natural wealth and resources,

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