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24652 results in Public International Law

Page 489 of 1233

  • 23 - International Covenant on Economic, Social and Cultural 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 189-197

  • Summary

    3993 UNTS 3

    16 December 1966

    3 January 1976

    PART I 189

    PART II 190

    PART III 191

    PART IV 194

    PART V 196

    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 freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political 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.

  • 15 - ECHR, Fourth 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 151-153

  • Summary

    ETS NO. 46

    Concluded: 16 September 1963

    In force: 2 May 1968

    ARTICLE 1 PROHIBITION OF IMPRISONMENT FOR DEBT 151

    ARTICLE 2 FREEDOM OF MOVEMENT 151

    ARTICLE 3 PROHIBITION OF EXPULSION OF NATIONALS 152

    ARTICLE 4 PROHIBITION OF COLLECTIVE EXPULSION OF ALIENS 152

    ARTICLE 5 TERRITORIAL APPLICATION 152

    ARTICLE 6 RELATIONSHIP TO THE CONVENTION 152

    ARTICLE 7 SIGNATURE AND RATIFICATION 152

    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 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950 (hereinafter referred to as the “Convention”) and in Articles 1 to 3 of the First Protocol to the Convention, signed at Paris on 20th March 1952,

    Have agreed as follows:

    Article 1 Prohibition of imprisonment for debt

    No one shall be deprived of his liberty merely on the ground of inability to fulfil a contractual obligation.

    Article 2 Freedom of movement

  • 1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

  • 2. Everyone shall be free to leave any country, including his own.

  • 3. No restrictions shall be placed on the exercise of these rights other than such as are in accordance with law and are necessary in a democratic society in the interests of national security or public safety, for the maintenance of ordre public, for the prevention of crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

  • 4. The rights set forth in paragraph 1 may also be subject, in particular areas, to restrictions imposed in accordance with law and justified by the public interest in a democratic society.

    • Article 3 Prohibition of expulsion of nationals

  • 1. No one shall be expelled, by means either of an individual or of a collective measure, from the territory of the State of which he is a national.

  • 2. No one shall be deprived of the right to enter the territory of the state of which he is a national.

  • 36 - US Ratification of International Covenant on Civil and Political Rights

  • 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 299-301

  • Summary

    1676 UNTS 543

    Deposited: 8 June 1992

    Effective: 8 September 1992

    WITH THE FOLLOWING RESERVATIONS

  • “(1) That Article 20 does not authorize or require legislation or other action [of] the United States that would restrict the right of free speech and association protected by the Constitution and laws of the United States.

  • (2) That the United States reserves the right, subject to its Constitutional constraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crimes committed by persons below eighteen years of age.

  • (3) That the United States considers itself bound by Article 7 to the extent that ‘cruel, inhuman or degrading treatment or punishment’ means the cruel and unusual treatment or punishment prohibited by the Fifth, Eight, and/or Fourteenth Amendments to the Constitution of the United States.

  • (4) That because U.S. law generally applies to an offender the penalty in force at the time the offense was committed, the United States does not adhere to the third clause of paragraph 1 of Article 15.

  • (5) That the policy and practice of the United States are generally in compliance with and supportive of the Covenant's provisions regarding treatment of juveniles in the criminal justice system. Nevertheless, the United States reserves the right, in exceptional circumstances, to treat juveniles as adults, notwithstanding paragraphs 2 (b) and 3 of Article 10 and paragraph 4 of Article 14. The United States further reserves to these provisions with respect to individuals who volunteer for military service prior to age 18.”

    • WITH THE FOLLOWING UNDERSTANDINGS

    “ (1) That the Constitution and laws of the United States guarantee all persons equal protection of the law and provide extensive Protections against discrimination. The United States understands distinctions based upon race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or any other status – as those terms are used in Article 2, paragraph 1 and Article 26 – to be permitted when such distinctions are, at minimum, rationally related to a legitimate governmental objective.

  • 29 - ILO Declaration on Fundamental Principles and Rights at Work

  • 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 258-259

  • Summary

    www.ilo.org/wcmsp5/groups/public/–ed_norm/–declaration/documents/publication/ wcms_467653.pdf

    Adopted: 18 June 1998

    In force: not applicable

    Whereas the ILO was founded in the conviction that social justice is essential to universal and lasting peace;

    Whereas economic growth is essential but not sufficient to ensure equity, social progress and the eradication of poverty, confirming the need for the ILO to promote strong social policies, justice and democratic institutions;

    Whereas the ILO should, now more than ever, draw upon all its standard-setting, technical cooperation and research resources in all its areas of competence, in particular employment, vocational training and working conditions, to ensure that, in the context of a global strategy for economic and social development, economic and social policies are mutually reinforcing components in order to create broad-based sustainable development;

    Whereas the ILO should give special attention to the problems of persons with special social needs, particularly the unemployed and migrant workers, and mobilize and encourage international, regional and national efforts aimed at resolving their problems, and promote effective policies aimed at job creation;

    Whereas, in seeking to maintain the link between social progress and economic growth, the guarantee of fundamental principles and rights at work is of particular significance in that it enables the persons concerned, to claim freely and on the basis of equality of opportunity, their fair share of the wealth which they have helped to generate, and to achieve fully their human potential;

    Whereas the ILO is the constitutionally mandated international organization and the competent body to set and deal with international labour standards, and enjoys universal support and acknowledgement in promoting Fundamental Rights at Work as the expression of its constitutional principles;

    Whereas it is urgent, in a situation of growing economic interdependence, to reaffirm the immutable nature of the fundamental principles and rights embodied in the Constitution of the Organization and to promote their universal application;

    THE INTERNATIONAL LABOUR CONFERENCE

    1. Recalls:

  • (a) that in freely joining the ILO, all Members have endorsed the principles and rights set out in its Constitution and in the Declaration of Philadelphia, and have undertaken to work towards attaining the overall objectives of the Organization to the best of their resources and fully in line with their specific circumstances;

  • (b) that these principles and rights have been expressed and developed in the form of specific rights and obligations in Conventions recognized as fundamental both inside and outside the Organization.

  • 24 - American Convention on Human 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 198-218

  • Summary

    OAS TREATY SERIES NO. 36

    Concluded: 22 November 1969

    In force: 18 July 1978

    PART I STATE OBLIGATIONS AND RIGHTS PROTECTED 200

    CHAPTER I GENERAL OBLIGATIONS 200

  • Article 1 Obligation to Respect Rights 200

  • Article 2 Domestic Legal Effects 200

    • CHAPTER II CIVIL AND POLITICAL RIGHTS 200

  • Article 3 Right to Juridical Personality 200

  • Article 4 Right to Life 200

  • Article 5 Right to Humane Treatment 201

  • Article 6 Freedom from Slavery 201

  • Article 7 Right to Personal Liberty 201

  • Article 8 Right to a Fair Trial 202

  • Article 9 Freedom from Ex Post Facto Laws 203

  • Article 10 Right to Compensation 203

  • Article 11 Right to Privacy 203

  • Article 12 Freedom of Conscience and Religion 203

  • Article 13 Freedom of Thought and Expression 203

  • Article 14 Right of Reply 204

  • Article 15 Right of Assembly 204

  • Article 16 Freedom of Association 204

  • Article 17 Rights of the Family 205

  • Article 18 Right to a Name 205

  • Article 19 Rights of the Child 205

  • Article 20 Right to Nationality 205

  • Article 21 Right to Property 205

  • Article 22 Freedom of Movement and Residence 205

  • Article 23 Right to Participate in Government 206

  • Article 24 Right to Equal Protection 206

  • Article 25 Right to Judicial Protection 206

    • CHAPTER III ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 207

    Article 26 Progressive Development 207

    CHAPTER IV SUSPENSION OF GUARANTEES, INTERPRETATION, AND APPLICATION 207

  • Article 27 Suspension of Guarantees 207

  • Article 28 Federal Clause 207

  • Article 29 Restrictions Regarding Interpretation 208

  • Article 30 Scope of Restrictions 208

  • Article 31 Recognition of Other Rights 208

    • CHAPTER V PERSONAL RESPONSIBILITIES 208

    Article 32 Relationship between Duties and Rights 208

    PART II MEANS OF PROTECTION 208

    CHAPTER VI COMPETENT ORGANS 208

    CHAPTER VII INTER-AMERICAN COMMISSION ON HUMAN RIGHTS 208

  • Section 1 Organization 208

  • Section 2 Functions 209

  • Section 3 Competence 210

  • Section 4 Procedure 211

    • CHAPTER VIII INTER-AMERICAN COURT OF HUMAN RIGHTS 213

  • Section 1 Organization 213

  • Section 2 Jurisdiction and Functions 214

  • Section 3 Procedure 215

  • 44 - Security Council Resolution 1540 (2004)

  • 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 348-351

  • Summary

    Adopted: 28 April 2004

    The Security Council,

    Affirming that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,

    Reaffirming, in this context, the Statement of its President adopted at the Council's meeting at the level of Heads of State and Government on 31 January 1992 (S/23500), including the need for all Member States to fulfil their obligations in relation to arms control and disarmament and to prevent proliferation in all its aspects of all weapons of mass destruction,

    Recalling also that the Statement underlined the need for all Member States to resolve peacefully in accordance with the Charter any problems in that context threatening or disrupting the maintenance of regional and global stability,

    Affirming its resolve to take appropriate and effective actions against any threat to international peace and security caused by the proliferation of nuclear, chemical and biological weapons and their means of delivery, in conformity with its primary responsibilities, as provided for in the United Nations Charter,

    Affirming its support for the multilateral treaties whose aim is to eliminate or prevent the proliferation of nuclear, chemical or biological weapons and the importance for all States parties to these treaties to implement them fully in order to promote international stability,

    Welcoming efforts in this context by multilateral arrangements which contribute to non-proliferation,

    Affirming that prevention of proliferation of nuclear, chemical and biological weapons should not hamper international cooperation in materials, equipment and technology for peaceful purposes while goals of peaceful utilization should not be used as a cover for proliferation,

    Gravely concerned by the threat of terrorism and the risk that non-State actors such as those identified in the United Nations list established and maintained by the Committee established under Security Council resolution 1267 and those to whom resolution 1373 applies, may acquire, develop, traffic in or use nuclear, chemical and biological weapons and their means of delivery,

    Gravely concerned by the threat of illicit trafficking in nuclear, chemical, or biological weapons and their means of delivery, and related materials, which adds a new dimension to the issue of proliferation of such weapons and also poses a threat to international peace and security,

  • 4 - Vienna Convention on the Law of Treaties

  • 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 42-63

  • Summary

    115 UNTS 331

    Concluded: 22 May 1969

    In force: 27 January 1980

    PART I INTRODUCTION 43

    PART II CONCLUSION AND ENTRY INTO FORCE OF TREATIES 44

  • SECTION 1 CONCLUSION OF TREATIES 44

  • SECTION 2 RESERVATIONS 47

  • SECTION 3 ENTRY INTO FORCE AND PROVISIONAL APPLICATION OF TREATIES 49

    • PART III OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES 49

  • SECTION 1 OBSERVANCE OF TREATIES 49

  • SECTION 2 APPLICATION OF TREATIES 49

  • SECTION 3 INTERPRETATION OF TREATIES 50

  • SECTION 4 TREATIES AND THIRD STATES 51

    • PART IV AMENDMENT AND MODIFICATION OF TREATIES 52

    PART V INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES 53

  • SECTION 1 GENERAL PROVISIONS 53

  • SECTION 2 INVALIDITY OF TREATIES 54

  • SECTION 3 TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES 55

  • SECTION 4 PROCEDURE 58

  • SECTION 5 CONSEQUENCES OF THE INVALIDITY, TERMINATION OR SUSPENSION OF THE OPERATION OF A TREATY 59

    • PART VI MISCELLANEOUS PROVISIONS 60

    PART VII DEPOSITARIES, NOTIFICATIONS, CORRECTIONS AND REGISTRATION 61

    PART VIII FINAL PROVISIONS 63

    The States Parties to the present Convention,

    Considering the fundamental role of treaties in the history of international relations,

    Recognizing the ever-increasing importance of treaties as a source of international law and as a means of developing peaceful co-operation among nations, whatever their constitutional and social systems,

    Noting that the principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized,

    Affirming that disputes concerning treaties, like other international disputes, should be settled by peaceful means and in conformity with the principles of justice and international law,

    Recalling the determination of the peoples of the United Nations to establish conditions under which justice and respect for the obligations arising from treaties can be maintained,

    Having in mind the principles of international law embodied in the Charter of the United Nations, such as the principles of the equal rights and self-determination of peoples, of the sovereign equality and independence of all States, of non-interference in the domestic affairs of States, of the prohibition of the threat or use of force and of universal respect for, and observance of, human rights and fundamental freedoms for all,

  • 3 - National Laws Governing Foreign Investment and Definitions and Conditions of Admission

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 65-94

  • Summary

    Introduction

    When advising clients on how to invest in certain countries, it is of course essential to be familiar with the commitments which that country has made regarding foreign investment at the international level. But there is more to the legal landscape than IIAs. To have an understanding of the legal regime facing a foreign firm, one must also come to terms with national laws on investment, including most importantly any conditions which may be placed on foreign firms by host states. Just as they must ascertain where they stand in relation to domestic rules on running a business, firms which are contemplating internationalization must be certain that they will meet the definition of investors to secure the protection of IIAs. These concerns engage several crucial elements of international investment law.

    This chapter begins the closer analysis of the substantive content of IIAs that will form the basis of this book. It will explore the controversy associated with the definitions of investment and investor found in many instruments, considering some of the key arbitration case law which has contributed to the modern understanding of this concept and its recognized limits, including so-called ‘mailbox companies’ and other refinements which generally embrace the necessity of a close connection to the host state. The status of SOEs and entities such as Sovereign Wealth Funds as potential investors deserving of treaty protection will be discussed. This chapter then delves into the various conditions placed on foreign firms by host states before they are admitted into the jurisdiction, such as the important requirement that the investor conforms to the law of the host state, necessitating a consideration of domestic laws, as well as modern developments including carve-outs for various forms of economic activity through Denial of Benefits clauses. Before proceeding to the analysis of the requirements placed on investors before they are entitled to the protections afforded by IIAs, it is essential to establish that states themselves can incur legal liability for breaches of international law.

  • 7 - United Nations Convention on Jurisdictional Immunities of States and their Property

  • 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 88-100

  • Summary

    UN GENERAL ASSEMBLY RESOLUTION A/RES/59/38

    Adopted 2 December 2004

    Opened for Signature 17 January 2005

    Not in force

    PART I INTRODUCTION 89

  • Article 1 Scope of the present Convention 89

  • Article 2 Use of terms 89

  • Article 3 Privileges and immunities not affected by the present Convention 90

  • Article 4 Non-retroactivity of the present Convention 90

    • PART II GENERAL PRINCIPLES 91

  • Article 5 State immunity 91

  • Article 6 Modalities for giving effect to State immunity 91

  • Article 7 Express consent to exercise of jurisdiction 91

  • Article 8 Effect of participation in a proceeding before a court 91

  • Article 9 Counterclaims 92

    • PART III PROCEEDINGS IN WHICH STATE IMMUNITY CANNOT BE INVOKED 92

  • Article 10 Commercial transactions 92

  • Article 11 Contracts of employment 92

  • Article 12 Personal injuries and damage to property 93

  • Article 13 Ownership, possession and use of property 93

  • Article 14 Intellectual and industrial property 94

  • Article 15 Participation in companies or other collective bodies 94

  • Article 16 Ships owned or operated by a State 94

  • Article 17 Effect of an arbitration agreement 95

    • PART IV STATE IMMUNITY FROM MEASURES OF CONSTRAINT IN CONNECTION WITH PROCEEDINGS BEFORE A COURT 95

  • Article 18 State immunity from pre-judgment measures of constraint 95

  • Article 19 State immunity from post-judgment measures of constraint 95

  • Article 20 Effect of consent to jurisdiction to measures of constraint 96

  • Article 21 Specific categories of property 96

    • PART V MISCELLANEOUS PROVISIONS 96

  • Article 22 Service of process 96

  • Article 23 Default judgment 97

  • Article 24 Privileges and immunities during court proceedings 97

    • PART VI FINAL CLAUSES 97

  • Article 25 Annex 97

  • Article 26 Other international agreements 97

  • Article 27 Settlement of disputes 97

  • Article 28 Signature 98

  • Article 29 Ratification, acceptance, approval or accession 98

  • Article 30 Entry into force 98

  • Article 31 Denunciation 98

  • Article 32 Depositary and notifications 98

  • Article 33 Authentic texts 99

    • ANNEX TO THE CONVENTION UNDERSTANDINGS WITH RESPECT TO CERTAIN PROVISIONS OF THE CONVENTION 99

  • With respect to article 10 99

  • With respect to article 11 99

  • With respect to articles 13 and 14 99

  • With respect to article 17 100

  • With respect to article 19 100

  • 57 - Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies

  • 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 482-486

  • Summary

    610 UNTS 205

    Concluded: 27 January 1967

    In force: October 10, 1967

    The States Parties to this Treaty,

    Inspired by the great prospects opening up before mankind as a result of man's entry into outer space,

    Recognizing the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,

    Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,

    Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes,

    Believing that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples,

    Recalling resolution 1962 (XVIII), entitled “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space,” which was adopted unanimously by the United Nations General Assembly on 13 December 1963,

    Recalling resolution 1884 (XVIII), calling upon States to refrain from placing in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963,

    Taking account of United Nations General Assembly resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer space,

    Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the Purposes and Principles of the Charter of the United Nations,

    Have agreed on the following:

    Article I

    The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.

  • 9 - G20 Brisbane 2014 Communiqué

  • 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 106-110

  • Summary

    https://g20.org/wp-content/uploads/2014/12/brisbane_g20_leaders_summit_communique1.pdf

    Adopted 15–16 November 2014

    Not in Force

    G20 LEADERS’ COMMUNIQUÉ BRISBANE SUMMIT, 15–16 NOVEMBER 2014

  • 1. Raising global growth to deliver better living standards and quality jobs for people across the world is our highest priority. We welcome stronger growth in some key economies. But the global recovery is slow, uneven and not delivering the jobs needed. The global economy is being held back by a shortfall in demand, while addressing supply constraints is key to lifting potential growth. Risks persist, including in financial markets and from geopolitical tensions. We commit to work in partnership to lift growth, boost economic resilience and strengthen global institutions.

  • 2. We are determined to overcome these challenges and step up our efforts to achieve strong, sustainable and balanced growth, and to create jobs. We are implementing structural reforms to lift growth and private sector activity, recognising that well-functioning markets underpin prosperity. We will ensure our macroeconomic policies are appropriate to support growth, strengthen demand and promote global rebalancing. We will continue to implement fiscal strategies flexibly, taking into account near-term economic conditions, while putting debt as a share of GDP on a sustainable path. Our monetary authorities have committed to support the recovery and address deflationary pressures when needed, consistent with their mandates. We will be mindful of the global impacts of our policies and cooperate to manage spillovers. We stand ready to use all policy levers to underpin confidence and the recovery.

  • 3. This year we set an ambitious goal to lift the G20's GDP by at least an additional two per cent by 2018. Analysis by the IMF-OECD indicates that our commitments, if fully implemented, will deliver 2.1 per cent. This will add more than US$2 trillion to the global economy and create millions of jobs. Our measures to lift investment, increase trade and competition, and boost employment, along with our macroeconomic policies, will support development and inclusive growth, and help to reduce inequality and poverty.

  • 4. Our actions to boost growth and create quality jobs are set out in the Brisbane Action Plan and in our comprehensive growth strategies. We will monitor and hold each other to account for implementing our commitments, and actual progress towards our growth ambition, informed by analysis from international organisations. We will ensure our growth strategies continue to deliver and will review progress at our next meeting.

  • 11 - Beyond International Investment Law

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 307-329

  • Summary

    Introduction

    Foreign investment can generate significant wealth for multinational enterprises, just as it can offer major economic benefits for the states which receive it. However, as this book has demonstrated, there are many dangers involved with placing investments overseas. Decisions on how and, equally importantly, where to invest are among the most important choices made by managers. A recent study among several leading multinational enterprises identified strong ‘rule of law’ as among the most important factors when firms make these decisions, along with the ‘ease of doing business’ and a ‘stable political environment’. Likewise, the three greatest risks in host states as identified by multinational investors are the prevalence of corruption, political or social instability and a lack of transparency in rulemaking.

    With these strategic considerations in mind, IIAs are clearly important to multinational enterprises as a source of legal protection, but interestingly, they rank below national laws in terms of their perceived importance. The studies revealed that just under half of surveyed multinationals indicated that the absence of an IIA between home and host governments deterred an investment which the company was considering, with an additional third of respondents stating that the absence of an investment treaty would cause them to reduce the size of an existing or planned investment.

    Beyond protections offered by legal instruments such as IIAs or national laws enshrining contract and property rights, foreign investors also appear to value adherence by their host country business partners to voluntary corporate codes of conduct, such as those governing human rights, employee rights and environmental protection, with four-fifths of surveyed firms indicating that such regimes were either essential or very important. Some of these codes, such as most notably the OECD Guidelines for Multinational Enterprises, were explored in Chapters 2 and 9. These results suggest that many of these initiatives have been quite successful, and are testimony to the value of multinational organizations.

    This chapter will investigate the chief alternative strategy to pursuing protection under IIAs: Political Risk Insurance (PRI) as offered variously by private banks, states and development organizations. It will examine the extent to which PRI has been used by foreign investors and will address some of its drawbacks, further considering strategies for attracting FDI by host states beyond an investment treaty regime. These include improvements to the local regulatory environment and the offering of incentive packages.

  • 42 - Security Council Resolution 1267 (1999)

  • 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 341-344

  • Summary

    Adopted: 15 October 1999

    The Security Council,

    Reaffirming its previous resolutions, in particular resolutions 1189 (1998) of 13 August 1998, 1193 (1998) of 28 August 1998 and 1214 (1998) of 8 December 1998, and the statements of its President on the situation in Afghanistan,

    Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, and its respect for Afghanistan's cultural and historical heritage,

    Reiterating its deep concern over the continuing violations of international humanitarian law and of human rights, particularly discrimination against women and girls, and over the significant rise in the illicit production of opium, and stressing that the capture by the Taliban of the Consulate-General of the Islamic Republic of Iran and the murder of Iranian diplomats and a journalist in Mazar-e-Sharif constituted flagrant violations of established international law,

    Recalling the relevant international counter-terrorism conventions and in particular the obligations of parties to those conventions to extradite or prosecute terrorists,

    Strongly condemning the continuing use of Afghan territory, especially areas controlled by the Taliban, for the sheltering and training of terrorists and planning of terrorist acts, and reaffirming its conviction that the suppression of international terrorism is essential for the maintenance of international peace and security,

    Deploring the fact that the Taliban continues to provide safe haven to Usama bin Laden and to allow him and others associated with him to operate a network of terrorist training camps from Taliban-controlled territory and to use Afghanistan as a base from which to sponsor international terrorist operations,

    Noting the indictment of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania and for conspiring to kill American nationals outside the United States, and noting also the request of the United States of America to the Taliban to surrender them for trial (S/1999/1021),

    Determining that the failure of the Taliban authorities to respond to the demands in paragraph 13 of resolution 1214 (1998) constitutes a threat to international peace and security,

    Stressing its determination to ensure respect for its resolutions,

  • 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 1-1

  • Summary

    1 Montevideo Convention on Rights and Duties of States 2

    2 Charter of the United Nations 5

    3 Statute of the International Court of Justice 29

    4 Vienna Convention on the Law of Treaties 42

    5 Articles on the Responsibility of States for Internationally Wrongful Acts 64

    6 Vienna Convention on Diplomatic Relations 76

    7 United Nations Convention on Jurisdictional Immunities of States and their Property 88

    8 Articles on Diplomatic Protection 101

    9 G20 Brisbane 2014 Communiqué 106

  • 9 - Public Interest Issues: The Environment, Human Rights and Culture

  • David Collins, City University London
  • Book:
    An Introduction to International Investment Law
    Published online:
    28 May 2018
    Print publication:
    06 October 2016, pp 250-283

  • Summary

    Introduction

    The activities of international firms can place stress on the environments in which they locate. This can take the form of normal competitive pressures, but it can also constitute hardships which are often secondary to the business activities themselves. Economists call these adverse effects ‘externalities’ which, because of their unintended nature, tend to go unnoticed by host states seeking to attract FDI. Chief among these is environmental harm itself. As companies, especially in the extractive sectors, pursue lower cost resources they may unintentionally damage the natural ecosystem. Foreign investment may also have negative impacts on labour: as again firms seek to lower their expenses, they may end up underpaying their employees or in the worst cases, exposing them to unsafe working conditions. FDI can also pose challenges to public health, particularly where the products or services in which the foreign investors trade are in some way dangerous to consumers. Lastly, the cultures of many host states are vulnerable to the influence of foreign firms, sometimes in ways that are hard to capture or assess empirically. The challenge to international investment law is to recognize these situations and to make allowances for host states who seek to mitigate these harms by enacting regulations which may transgress the protections they have offered to foreign firms in treaties. Since such measures may in some cases represent disguised protectionism, this exercise can require a delicate balancing of the policy goals, the ways in which they are facilitated and the expectations of foreign investors as generated by IIAs and customary international law.

    This chapter will consider the extent to which host states are able to circumvent the substantive obligations they have made in investment treaties for various public policy purposes, such as the protection of the environment, culture, labour and by extension human rights. These justifications may be asserted on the basis of exceptions contained in investment treaties or based on general carve-outs affording states the right to regulate on a wide range of matters. Where bright line rules are not always available under international law, guidelines created by groups like the OECD and the World Bank have been established in an effort to control the harmful effects of FDI. These will be examined near the end of this chapter.

  • 32 - Extradition Treaty between the Government of the Republic of Kenya and the Government of the Republic of Rwanda

  • 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 281-288

  • Summary

    UNODC Regional Office for Eastern Africa, Compendium of bilateral, regional and international agreements on extradition and mutual legal assistance in criminal matters: Kenya (Vienna, 2010)

    Concluded: 30 September 2009

    In force: unknown

    Article 1 Obligation to Extradite 282

    Article 2 Extraditable Offenses 282

    Article 3 Extradition of Nationals 282

    Article 4 Prior Prosecution 282

    Article 5 Grounds of Refusal 282

    Article 6 Extradition Procedures and Required Documents 283

    Article 7 Authentication of Documents 283

    Article 8 Additional Information and duration to respond 284

    Article 9 Translation 284

    Article 10 Provisional Arrest 284

    Article 11 Decision and Surrender 285

    Article 12 Temporary and Deferred Surrender 285

    Article 13 Requests for Extradition Made by Several States 285

    Article 14 Seizure and Surrender of Property 286

    Article 15 Waiver of Extradition 286

    Article 16 Rule of Specialty 286

    Article 17 Transit 287

    Article 18 Representation and Expenses 287

    Article 19 Consultation 287

    Article 20 Application 287

    Article 21 Ratification and Entry into Force 287

    Article 22 Amendments 288

    Article 23 Termination 288

    The Government of the Republic of Kenya and the Government of the Republic of Rwanda

    desiring to provide for more effective cooperation between the two States in the suppression of crime, and, for that purpose, to conclude a treaty for the extradition of offenders;

    Have agreed as follows:

    Article 1 Obligation to Extradite

    The Parties agree to extradite to each other, pursuant to the provisions of this Treaty, persons sought by the authorities in the Requesting State for trial or punishment for extraditable offenses.

    Article 2 Extraditable Offenses

    An extraditable offence shall be any offence provided for in schedule A or schedule B annexed to this treaty, both schedules having equal force.

    Article 3 Extradition of Nationals

    Extradition shall not be granted, if the person whose extradition is requested is a national of the requested State. Where extradition is refused on this ground, the requested State shall, if the other State so requests, submit the case to its competent authorities with a view to taking appropriate action against the person in respect of the offence for which extradition had been requested; Information and exhibits relating to the offence shall be transmitted, without charge through the diplomatic channel or by such other means as shall be agreed by the two States.

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