bluuebunny/crossref_metadata_2025 huggingface dataset:
Inviolability of Premises (Article II Section 3 General Convention)
Authors: Bartholomeusz Lance
Published: August 2024

This chapter discusses Article II Section 3 of the General Convention, which sets forth the inviolability of the premises of the United Nations. Inviolability of premises is essential to the operations of the UN and vouchsafes its autonomy, its independence, and its ‘privacy’. The inviolability of UN premises and immunity of UN property and assets from any interference is particularly important during armed conflict. UN humanitarian personnel, increasingly targeted as such, also rely on the legal and other protections afforded to UN operations. However, because of State security concerns in many areas where the UN operates, the inviolability of UN premises and other privileges and immunities preventing unilateral outside interference with UN operations continue to be contested by States and others.
Financial Operations (Article II Sections 5–6 General Convention)
Authors: Devoldere Eva , Schoiswohl Michael
Published: August 2024

This chapter discusses Article II Sections 5–6 of the General Convention, which sets out the financial privileges and immunities of the UN. Section 5(a) sets out the UN's right to hold funds, gold, or currency of any kind and to operate accounts in any currency. Section 5(b) lays down the UN's freedom to transfer its funds, gold, or currency from one country to another or within any country and to convert any currency held by it into any other currency. Section 6 obliges the UN to pay due regard to representations made by any of its Members insofar effect can be given to such representations without detriment to the interests of the UN. Although the liberalization of international trade has reduced the relevance of Art. II Sections 5 and 6, the sheer growth of UN operations and financial transactions all over the world means that the provisions are still important for the UN's ability to move funds without incurring additional financial burdens.
Exemptions from Taxes, Customs Duties, and Prohibitions on Imports and Exports (Article II Sections 7–8 General Convention)
Authors: Martha Rutsel Silvestre J
Published: August 2024

This chapter discusses Article II Sections 7–8 of the General Convention, which sets forth the exemption of the UN from taxes, import regulations/restrictions, and customs duties. The fiscal privileges of the UN enshrined in Art. II Sections 7–8 aim to ensure that no State can interfere with the independent functioning of the organization nor gain any financial advantage. It has given rise to a number of specific legal issues in the course of the UN's operation. In general, however, the gist of the privileges has been respected. The remainder of the chapter covers the drafting history and key elements of Art. II Sections 7–8 that deal with exemptions from direct taxes; charges for public utility services; from customs duties and prohibitions and restrictions on imports and exports in respect of articles imported or exported by the United Nations for its official use; and from customs duties and prohibitions and restrictions on imports and exports in respect of its publications.
Facilities in Respect of Communications (Article IV Sections 11–12 Specialized Agencies Convention)
Authors: Bachmayer Peter
Published: August 2024

This chapter discusses Article IV Sections 11–12 of the Specialized Agencies Convention. Sections 11 and 12 of the Specialized Agencies Convention are substantially similar to their parallel provisions under the General Convention. They accord to the Specialized Agencies the privilege of a most-favoured treatment for their official communications within the territory of each State party to the Convention in regard of priorities, rates (including press rates), and taxes. As in the case of the General Convention, the established standard is of a relative nature, i.e. the treatment granted to the Specialized Agencies must not be less favourable than that accorded to any other Government. Art. IV Section 12 continues with a prohibition of censorship applied to the official correspondence and other official communications of the Specialized Agencies, bestows on the latter the right to use codes as well as couriers and sealed bags for transportation, and finally clarifies that the Convention allows for the adoption of ‘appropriate security precautions’ via agreement between a State party and a Specialized Agency.
Representatives of Members (Article V Sections 13–17 Specialized Agencies Convention)
Authors: Kriebaum Ursula
Published: August 2024

This chapter discusses Article V Sections 13–17 of the Specialized Agencies Convention, which governs the privileges and immunities of member State representatives. Section 13, for instance, grants representatives of members at meetings convened by a specialized agency the following privileges and immunities: immunity from personal arrest or detention and from seizure of their personal baggage; inviolability for all papers and documents; the right to use codes and to receive papers or correspondence by courier or in sealed bags; exemption in respect of themselves and their spouses from immigration restrictions, aliens' registration, or national service obligations in the state which they are visiting or through which they are passing in the exercise of their functions; the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions; and the same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions.
Officials (Article V Sections 17–21 General Convention)
Authors: Bandyopadhyay Ronja , Iwata Tomoko
Published: August 2024

This chapter discusses Article V Sections 17–21 of the General Convention, which detail the privileges and immunities granted to UN officials for the independent exercise of their functions. The General Assembly has recognized two categories of officials. The first includes UN staff members, with the exception of those who are recruited locally and assigned to hourly rates. The second includes persons who are engaged on a substantially full-time basis, but are not staff members because they are not appointed by the UN Secretary-General or because they are directly accountable to the General Assembly or another organ. The provisions of the General Convention, including Art. V, are reflected in various bilateral agreements with governments on whose territory the UN maintains headquarters or other offices. These agreements may supplement the privileges and immunities enjoyed by officials in a particular State, such as in the case of agreements related to peacekeeping missions or other special political missions, or may grant diplomatic privileges and immunities, exemptions, and facilities to officials of a certain grade.
Laissez-Passer (Article VIII Sections 26–30 Specialized Agencies Convention)
Authors: Lopez-Bello Liliana , Schoiswohl Michael
Published: August 2024

This chapter discusses Article VIII Sections 26–30 of the Specialized Agencies Convention. Similar to Art. VII of the General Convention, Art. VIII of the Specialized Agencies Convention is based on the recognition that special travel facilities are indispensable for officials of intergovernmental organizations whose work involves frequent travel in the territories of States other than their own. At its core, Art. VIII extends the use of the United Nations Laissez-Passer (UNLP) to officials of Specialized Agencies based on administrative arrangements between the UN Secretary-General and appropriate authorities of the concerned Specialized Agencies. The extension of UNLPs to officials of Specialized Agencies promotes the use of one specific travel document for officials of a range of intergovernmental organizations that, albeit with separate international personality and mandate, are linked to the UN system both in terms of mandate and administrative arrangements. Thereby it allows officials of Specialized Agencies to benefit from the widespread recognition of the UNLP and the same facilities already extended to United Nations officials. It also prevents the possible practical and legal difficulties that would arise if each and every Specialized Agency were to issue its own travel documents with differing authority and facilities attached to them.
Dispute Settlement (Article IX Sections 31–32 Specialized Agencies Convention)
Authors: Schmalenbach Kirsten
Published: August 2024

This chapter discusses Article IX Sections 31–32 of the Specialized Agencies Convention. The language of Art. IX Section 31 is identical to that of the parallel provision found in Art. VIII Section 29 General Convention with only two necessary modifications: firstly, Art. IX Section 31 identifies the Specialized Agencies or any official thereof as the potential parties to the dispute; and, secondly, it refers to Art. VI Section 22 Specialized Agencies Convention which stipulates the right and the duty of each Specialized Agency to waive its or its official's immunity in any case where, in its opinion, the immunity would impede the course of justice. Art. IX Section 32 is composed of two distinct dispute settlement clauses: the first sentence is a compromissory clause by which the States parties to the Specialized Agencies Convention accept the jurisdiction of the ICJ in the case of contentious inter-State disputes. The second in conjunction with the third sentence is a ‘decisive advisory opinion clause’ that concerns disputes between a Specialized Agency and a Member.
Annex II—Food and Agriculture Organization of the United Nations (FAO)
Authors: Tavares Antonio
Published: August 2024

This chapter discusses Annex II of the Specialized Agencies Convention, which adjusts the standard clauses of the Convention and their application to the Food and Agriculture Organization of the United Nations (FAO). The fourth session of the Conference of FAO, convened in 1948, approved Annex II and authorised the Director-General to transmit it to the UN Secretary-General in accordance with Art. 43 of the Specialized Agencies Convention. Annex II subsequently evolved, as described in this chapter. The discussions cover the establishment of the FAO and relations with the United Nations; the basic instruments on privileges and immunities of FAO; the drafting history and key elements of Annex II; and the general practice of FAO concerning its privileges and immunities.
Annex IV—United Nations Educational, Scientific, and Cultural Organization (UNESCO)
Authors: Segall Anna
Published: August 2024

This chapter discusses Annex IV of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the United Nations Educational, Scientific, and Cultural Organization (UNESCO). The privileges and immunities accorded to UNESCO and its staff members are set forth in UNESCO’s Constitution, the Specialized Agencies Convention and its Annex IV relating to UNESCO, as well as in agreements with member States hosting permanent offices or temporary meetings of UNESCO. By acceding to the Specialized Agencies Convention and its Annex IV relating to UNESCO, UNESCO’s member States agree on detailed and specific provisions relating to the privileges and immunities of the organization, its officials, and the representatives of its member States in their territories. The remainder of the chapter covers the drafting history and key elements of Annex IV.
Annex V—International Monetary Fund (IMF)
Authors: Lester Jennifer , Morris Pheabe
Published: August 2024

This chapter discusses Annex VI of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Monetary Fund (IMF). The IMF, established in 1945, promotes international monetary cooperation and exchange rate stability, facilitates the balanced growth of international trade, and provides resources to help members in balance of payments difficulties. In November 1947, the IMF entered into an agreement with the UN, which sets out the terms of the relationship between the IMF and the UN. It is clear from this agreement that while the Fund is a Specialized Agency within the meaning of Art. 57 of the UN Charter, their relationship is one of mutual association between independent entities and not one of principal and agent. The remainder of the chapter covers the legislative history and key elements of Annex V.
Annex XIII—International Finance Corporation (IFC)
Authors: Feldman Marina , Franzetti Carlos , Chiquier Maria-Magdalena
Published: August 2024

This chapter discusses Annex XIII of the Specialized Agencies Convention, which modifies the standard clauses of the Convention with regard to the International Finance Corporation (IFC). The IFC provides a range of financial products and advisory services to clients in developing countries. These include loans for the IFC's own account and for the account of participating financial institutions, equity and quasi-equity investments, structured finance transactions, and advisory services that support private sector development. As in the case of the Bank, the privileges and immunities of the Corporation under the Convention are complementary to those under its Articles of Agreement; and except for the special carve outs contemplated under paras 1 and 2 of Annex XIII the privileges and immunities of the Corporation are not curtailed but augmented by the Convention.
The Privileges and Immunities of the Members of the International Court of Justice, the Registrar, and Other Persons Connected With the Business of the Court
Authors: Couvreur Philippe , Ollivier Antoine
Published: August 2024

This chapter discusses the privileges and immunities of the members of the International Court of Justice (ICJ), the Registrar, and other persons connected with the business of the Court. Since 1946, very few issues have risen regarding the safeguarding of the ICJ's privileges and immunities. Difficulties relate mostly to minor road traffic offenses allegedly committed by Members of the Court, and to the imposition of fines against them. The Registrar of the Court has been required to intervene before the Dutch authorities in several instances, in order to explain that Members of the Court, like diplomatic agents, enjoy complete immunity from the administrative, civil, and criminal jurisdiction of the receiving State. Contrary to assertions sometimes made in this regard, the issuing of a fine, like any administrative measure taken against a diplomatic agent, is a measure taken by the authorities of the receiving State in respect of a person enjoying immunity from jurisdiction and, as such, thus violates that immunity.
Commonly Used Procedural Rules
Authors: Rubins Sabahi
Published: August 2024

This chapter focuses on the commonly used procedural rules for investment arbitrations. The International Centre for the Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) arbitration rules govern the vast majority of the cases. The ICSID Rules of Procedure for Arbitration Proceedings set forth procedures for the conduct of an arbitration proceeding under the ICSID Convention, including the constitution of the arbitral tribunal, the presentation by the parties of their case, and the preparation of the arbitral award. Meanwhile, UNCITRAL is the central legal entity within the United Nations system responsible for activities in the field of international commercial law. While UNCITRAL itself does not supervise arbitral proceedings, the UNCITRAL Arbitration Rules are used in various ad hoc arbitral proceedings administered under auspices of various arbitral institutions such as the Permanent Court of Arbitration. The chapter also looks at the Stockholm Chamber of Commerce Rules, the International Chamber of Commerce Rules, and the Permanent Court of Arbitration Rules.
National Court Interference
Authors: Rubins Sabahi
Published: August 2024

This chapter looks at the role of national courts in international arbitration. Arbitrators, as private persons, lack the coercive police power of the state. At various stages in the arbitration process, effective adjudication may therefore become difficult to achieve without implementation or the threat of implementation by a national court. International conventions are of some assistance in this regard, as the New York Convention and International Centre for the Settlement of Investment Disputes (ICSID) Convention attempt to ensure court enforcement of arbitration agreements and final awards in most countries of the world. However, court interference slows the process, makes it more expensive, and can tilt the playing field if a party turns to its own national courts for support in an arbitrable dispute. The most extreme form of national court intervention in arbitral proceedings is an anti-arbitration injunction. The ICSID Convention contains specific additional protection from anti-arbitration injunctions and other types of interference by national courts.
Consent to Arbitral Jurisdiction
Authors: Rubins Sabahi
Published: August 2024

This chapter describes the concept of consent to arbitral jurisdiction. The consent of the parties is the basis of the jurisdiction of all international arbitration tribunals. The requirement of consent to arbitral jurisdiction in the context of investor-state arbitration is also a corollary of the principle that ‘there is no power superior to the states which can force a judge upon them’. States and private entities or individuals may express their consent to binding dispute resolution in a variety of ways. Today, states typically provide their consent to submit future investment disputes to arbitration through bilateral investment treaties (BITs), multilateral treaties, or the state’s own domestic legislation. It is generally accepted that once a state has given its consent to arbitrate investment disputes and this consent has been perfected, it cannot be revoked unilaterally. When an investor accepts the state’s open offer to arbitrate, a valid and binding agreement is created between the parties.
Notion of Investment
Authors: Rubins Sabahi
Published: August 2024

This chapter explores the notion of investment in investment protection instruments such as international treaties and national investment laws. Determining whether a particular economic activity constitutes investment under the definitions of investment protection instruments is one of the prerequisites for jurisdiction of an arbitral tribunal. Typical categories of investment activity found in most investment treaties include real estate and other direct property rights; shareholdings and other forms of participation in local companies; intellectual property and other intangibles; and contractual rights including concession agreements. On the other hand, the term ‘investment’ is not defined in the International Centre for Settlement of Investment Disputes (ICSID) Convention. Nevertheless, scholarly writings and arbitral decisions have suggested that an investment under Article 25(1) has certain inherent characteristics, which sets it apart from other economic activities.
Discrimination: National Treatment, Most-Favoured Nation Treatment, and Discriminatory Impairment
Authors: Rubins Sabahi
Published: August 2024

This chapter assesses the principle of non-discrimination, which is one of the basic protections for foreign investors and investments in host nations. Investment treaties provide guarantees against discrimination in three different ways. First, national treatment ensures that foreign investors will be treated no less favourably than similarly situated domestic investors. The concept of national treatment is a key element of international trade and investment agreements. Second, most favoured nation (MFN) treatment ensures that foreign investors will not be treated less favourably than investors from any third country. Finally, some treaties contain a provision that prohibits arbitrary and discriminatory impairment of investments by the host state. The chapter then analyses the basic elements of these protections and the difficulties faced by tribunals adjudicating discrimination claims.
Transfers
Authors: Rubins Sabahi
Published: August 2024

This chapter explores provisions in investment treaties that deal with the transfer of funds. Foreign investors expect free and unrestricted transfer of funds into and out of the host country to sustain their operations. Host states may wish to restrict inward transfer of funds for various reasons such as national security. They may also limit the outward transfer of funds through currency control measures to safeguard balance of payments, particularly in difficult financial times.
Compensation, Damages, and Restitution
Authors: Rubins Sabahi
Published: August 2024

This chapter studies the areas of compensation, damages, and valuation in international arbitration practice. Modern investment treaties normally impose a standard of compensation for expropriation. Compensation for lawful expropriation is determined pursuant to the terms of the treaty as fair market value immediately before expropriation. Breach of an international obligation such as fair and equitable treatment or an unlawful expropriation creates an obligation to repair the harm caused as a result of the breach. Valuation of damages is normally performed by valuation experts in collaboration with other experts with expertise in the relevant industry sector. The chapter then explains the key concepts in valuation as well as the allocation of arbitration and legal costs.
Resources and Human Activities on the Continental Shelf Beyond 200 Nautical Miles
Authors: Mossop Joanna
Published: August 2024

This chapter examines the physical characteristics of the continental shelf—describing both the living and non-living resources that may be located in and on the shelf. The purpose of the chapter is to provide context for subsequent discussions about coastal State rights. Although in most cases the continental shelf beyond 200 nm is likely to be very deep, a number of activities already occur on extended shelves, and this is likely to increase in the future. The chapter describes the types of resources likely to be found on the continental shelf beyond 200 nm, activities that might occur in relation to the resources, and the environmental impact of those activities. The chapter therefore illustrates that it is timely for coastal States to consider how to effectively manage and protect their sovereign rights to the resources of the continental shelf beyond 200 nm.
Contextualizing Sexual Violence and Linking it to Senior Officials
Authors: Goy Barbara , Jarvis Michelle , Pinzauti Giulia
Published: August 2024

This chapter continues to explore strategies for contextualizing sexual violence by focusing on choices regarding the mode of liability used to charge sexual violence crimes. In particular, it examines how modes of liability can be used to reflect both connections between sexual violence and the broader context as well as to link sexual violence to senior officials. Additionally, this chapter notes that, given the difficulties associated with prosecuting sexual violence as an international crime, particularly in leadership cases, it is important to plead alternative forms of liability. The practice of alternative and/or cumulative charging is both warranted in law and advisable from a practical perspective.
The Picture of Sexual Violence in the Former Yugoslavia Conflicts as Reflected in ICTY Judgments
Authors: Verrall Saeeda
Published: August 2024

This chapter looks at the overall picture of sexual violence that emerges from International Criminal Tribunal for the Former Yugoslavia (ICTY) judgments—stemming from the conflicts in the former Yugoslavia, crimes committed at the outbreak of conflict in Croatia in 1991 and Bosnia and Herzegovina (BiH) in 1992, the mass expulsion campaign in Kosovo in 1999, and the conflict in the former Yugoslav Republic of Macedonia in 2001. These judgments have documented widespread atrocities, including sexual violence crimes, committed throughout the different theatres of conflict. While this picture necessarily cannot present a comprehensive account of sexual violence in the conflicts in the former Yugoslavia, it does provide an important baseline for reflection on the work of the Office of the Prosecutor (OTP), particularly when viewed in light of reports about sexual violence from the early 1990s as set out in Chapter 2.
Relationship between Different Kinds of Uses (Article
10)
Authors: del Castillo-Laborde Lilian
Published: August 2024

This chapter discusses Article 10, which deals with the relationship between different kinds of uses of international watercourses. Under Article 10 of the UN Watercourses Convention, it is recognized that international watercourses can have different kinds of uses which can compete or even be incompatible with one another. Article 10 also addresses how to resolve a conflict arising from different kinds of uses. The chapter first considers the preparatory works of the International Law Commission (ILC) before analysing the general principle and exceptions spelled out in Article 10. It then examines the issue of human right to water as it relates to the ‘special regard being given to the requirements of vital human needs’ to be assessed in the event of a conflict between uses of an international watercourse. It also explores Article 10’s relations with other articles of the Convention.
Regulation (Article 25)
Authors: Henshaw Taylor W , Paisley Richard K
Published: August 2024

This chapter discusses Article 25, which governs the regulation of international watercourses. Article 25 of the UN Watercourses Convention sets forth the basic obligation of regulation, the duty of equitable participation as it applies to regulation, and a definition of the key term ‘regulation’. It requires watercourse States to cooperate in addressing needs or opportunities to regulate river flows and to share the related costs and benefits in an equitable manner. The chapter first considers the International Law Commission’s (ILC) deliberations on flow regulation provisions leading up to the adoption of the Convention before analysing the extent to which the approach adopted in the Convention reflects State practice, the scope and normative dimensions of Article 25, its relationship with other articles within the Convention, and its importance in the context of international law and international water law.
International Watercourses and Installations in Time of
Armed Conflicts; the Obligation of Cooperation and Indirect
Procedures; Exchange of Information and Protection of Data and
Information Vital to National Defence or Security (Articles
29–31)
Authors: Tignino Mara
Published: August 2024

This chapter analyses Articles 29–31, which are concerned with, respectively: international watercourses and installations in time of armed conflicts, the obligation of cooperation and indirect procedures, and exchange of information and protection of data and information vital to national defence or security. The discussion begins with an overview of the preparatory works leading up to Articles 29–31, including the process of negotiations held at the International Law Commission (ILC) and the Sixth Committee’s Working Group of the Whole, as well as the modifications in their wording over the years. The chapter then examines the scope, dimensions, and legal value of the three articles, along with their relationship to other provisions of the UN Watercourses Convention. In particular, it considers how Articles 29–31 are linked to other areas of international law, such as international humanitarian law and international environmental law, as well as the role of joint mechanisms.
Access to Procedures and the Principle of
Non-Discrimination (Article 32)
Authors: Greco Roberta
Published: August 2024

This chapter focuses on Article 32, which states that a watercourse State shall not discriminate when dealing with persons who have suffered or risk suffering significant transboundary harm due to activities related to an international watercourse. It first reviews the travaux préparatoires of the UN Watercourses Convention, including the work of the International Law Commission (ILC) and negotiations within the Sixth Committee convened as a Working Group of the Whole, before discussing the scope and content of the rules enshrined in Article 32 as well as the legal nature of the principle of non-discrimination with respect to equal rights of access in matters of transboundary water pollution and in relation to customary international law. The relationship of Article 32 with other articles of the Convention, such as Article 7(2) (the duty to discuss the question of compensation) and Article 33 (inter-State settlement of disputes), is also examined.
The
Settlement of Disputes through Non-Judicial Means (Article
33(1)–33(9))
Authors: Tanzi Attila , Farnelli Gian Maria
Published: August 2024

This chapter focuses on Article 33 (paragraphs 1–9), which governs the settlement of disputes through non-judicial means. It first provides a brief overview of the preparatory works of the International Law Commission (ILC), paying special attention to the different approaches adopted by the Special Rapporteurs to address the role of non-adjudicative means in dispute avoidance. It then considers the scope and customary nature of the provision, along with its relationship with other provisions of the UN Watercourses Convention and other relevant international water agreements. In particular, it explains how the language used in Article 33 makes it particularly adjustable to different kinds of disputes. Finally, it reflects on the difficulties encountered in the adoption of Article 33 and how it lays the groundwork for an integrated approach between non-judicial and judicial means of dispute settlement.
The
Settlement of Disputes through Judicial Means (Article 33(10) and
the Annex on Arbitration)
Authors: Boisson de Chazournes Laurence
Published: August 2024

This chapter focuses on Article 33 (paragraph 10), which governs the settlement of disputes through judicial means. Article 33(10) adopts a classical approach to dispute settlement through diplomatic and judicial means. Two issues were raised during long discussions at the International Law Commission (ILC): first, whether recourse to third-party settlement has to be compulsory under the UN Watercourses Convention and second, what are the different stages that recourse to a third-party mechanism should contain. The chapter first provides a brief overview of the preparatory works of the ILC before discussing the scope and dimensions of Article 33(10) and the Annex to the Convention, which provides for the arbitration procedure pursuant to Article 33. In particular, it considers dispute settlement through judicial means in treaty practice and highlights a number of cases on judicial settlement. It also examines Article 33(10)’s relations with other articles of the Convention.
The
Interplay between the UN Watercourses Convention and the UNECE
Convention on the Protection and Use of Transboundary Watercourses
and International Lakes
Authors: Lammers Johan G
Published: August 2024

This chapter examines the relationship between the UN Watercourses Convention and the United Nations Economic Commission for Europe (UNECE) Convention on the Protection and Use of Transboundary Watercourses and International Lakes. It first provides an overview of certain articles found in the Vienna Convention on the Law of Treaties which may be of relevance to the UNECE Convention and the UN Watercourses Convention before discussing the common and distinct features of the two water conventions, focusing on terminology (e.g. ‘transboundary waters’, ‘transboundary impact’, ‘(international) watercourses’, ‘equitable use and participation’, and ‘significant harm’) and scope, substantive principles and obligations, cooperation, exchange of information, planned measures, harmful conditions and emergency situations, non-discrimination, responsibility and liability, and peaceful settlement of disputes.
The
UN Watercourses Convention and International Economic Law
Authors: McGarry Brian
Published: August 2024

This chapter examines the connections between the UN Watercourses Convention and international economic law. It considers those interplays which may be implied in the object and purpose of the Convention, along with the Convention’s prospective interplays with specific regimes of international economic law, focusing in particular on hydraulic infrastructure and other public works undertaken by a riparian State, international trade, and foreign direct investment. The chapter also discusses the potential for normative integration in the treatment of economic remedies under the Convention, noting that under the Convention, it is possible for a regional economic integration organization to become a Contracting Party if its own Member States have transferred competence to it for this purpose.
The Court
Authors: Thirlway Hugh
Published: August 2024

This chapter discusses the nature and role of the International Court of Justice (ICJ). The Court is named in Article 7 of the United Nations Charter as one of the ‘principal organs’ of the United Nations and as such is not subject to any direction or control by any of the other principal organs — in keeping with the basic principle of the independence of the judiciary. Its function is limited to deciding disputes. It has the power to decide and settle definitively any appropriate issue regularly brought before it. Furthermore, neither the Court nor any State other than the parties to a dispute has any power of initiative. The chapter then goes on to elaborate on the seat of the Court and its official languages.
Procedure in Advisory Cases
Authors: Thirlway Hugh
Published: August 2024

This chapter examines the proceedings on a request for an advisory opinion. In an advisory case, the role of the requesting organization, and of States taking part in the proceedings, is — at least theoretically — to assist the Court at arriving at a clear and well-founded statement of the law. In fact, of course, individual States may have very definite interests of their own in the matter, and the requesting organization may also be seeking or hoping for an opinion aligned with a particular standpoint. Be that as it may, the procedure laid down in the Statute and Rules contains some element of the contradictoire , reflecting the rule of Article 68 of the Statute, whereby in advisory cases the Court is to be ‘guided by’ the provisions of the Statute applicable in contentious cases. The chapter also discusses participation in these advisory proceedings.
The Effect of the Decision and its Enforcement
Authors: Thirlway Hugh
Published: August 2024

This chapter details the effects of two types of Court decisions and their enforcement. It examines the problems inherent in the provisions of Article 59 of the Statute on the matter of enforcing decisions. Where problems have arisen in connection with the application of Article 59, these have not concerned judicial statement of legal rules so much as the effect of the judgment ‘on the ground’. Advisory opinions, meanwhile, are not determinative: they express the view of the Court as to the relevant international legal principles and rules, but do not oblige any State, not even the body that asked for the opinion, to take or refrain from any action. However the distinction, while clear in theory, is less so in practice.
Judges’ Separate and Dissenting Opinions
Authors: Thirlway Hugh
Published: August 2024

This chapter discusses two types of statements that judges may append to a decision under the stipulations of Article 57 of the Statute. This is not an obligation, nor is there any reward other than intellectual satisfaction. Moreover, the article in fact refers simply to ‘a separate opinion’, but the practice of the two successive Courts has been that the judge entitles their opinion a ‘separate opinion’ if they agree with the decision, or a ‘dissenting opinion’ if they do not. The non-statutory term ‘declaration’ is also used: according to the Rules of Court, this is intended for the situation where the judge ‘wishes to record his concurrence or dissent without stating his reasons’. In practice, however, it has come to be used as a sort of catch-all title for brief statements, or opinions which are not clearly either the one thing or the other.
Introduction
Authors: Fischlin Andreas , Ivanova Maria
Published: August 2024

This introductory chapter describes how science and politics have influenced the Paris Agreement. While science had played a fundamental role for the United Framework Convention on Climate Change (UNFCCC or ‘the Convention’) from the start, its role became particularly significant during the preparation of the Paris Agreement. Here, a new science-policy interface enabled improved collaboration between the scientific community spearheaded by the Intergovernmental Panel on Climate Change (IPCC) and the policy community generally and negotiators more specifically. The structured expert dialogue of the 2013–2015 review of the UNFCCC was pivotal in this regard, and it was effectively synchronized with the negotiation process for the 2015 Paris Agreement. The second half of this chapter then traces the political and socio-economic changes that affected the climate regime and ultimately led to the successful Paris Agreement.
Trading in Influence
Authors: Llamzon Aloysius
Published: August 2024

This section is about Article 18 of the United Nations Convention Against Corruption (UNCAC), dealing with Trading in Influence
Protection of Reporting Persons
Authors: Baur Alexander
Published: August 2024

This section is about Article 33 of the United Nations Convention Against Corruption (UNCAC), dealing with Protection of Reporting Persons
Transfer of Sentenced Persons
Authors: Boister Neil
Published: August 2024

This section is about Article 45 of the United Nations Convention Against Corruption (UNCAC), dealing with Transfer of Sentenced Persons
Return and Disposal of Assets
Authors: Ölçer F Pınar
Published: August 2024

This section is about Article 57 of the United Nations Convention Against Corruption (UNCAC), dealing with Return and Disposal of Assets
Article 12
Authors: Fassbender Bardo
Published: August 2024

This section is about Article 12 of the Statute of the International Court of Justice
Article 14
Authors: Dugard John
Published: August 2024

This section is about Article 14 of the Statute of the International Court of Justice
Article 28
Authors: Palchetti Paolo
Published: August 2024

This section is about Article 28 of the Statute of the International Court of Justice
Article 29
Authors: Palchetti Paolo
Published: August 2024

This section is about Article 29 of the Statute of the International Court of Justice
Article 30
Authors: Thirlway Hugh
Published: August 2024

This section is about Article 30 of the Statute of the International Court of Justice
Article 46
Authors: von Schorlemer Sabine , Tzanakopoulos Antonios
Published: August 2024

This section is about Article 46 of the Statute of the International Court of Justice
Evidentiary Issues
Authors: Benzing Markus
Published: August 2024

This section is about evidentiary issues
Article 53
Authors: von Mangoldt Hans , Zimmermann Andreas
Published: August 2024

This section is about Article 53 of the Statute of the International Court of Justice
Article 56
Authors: Damrosch Lori F
Published: August 2024

This section is about Article 56 of the Statute of the International Court of Justice
Discontinuance and Withdrawal Article 88 of the Rules
Authors: Wegen Gerhard
Published: August 2024

This section is about discontinuance and withdrawal, Articles 88 and 89 of the Rules
Article 68
Authors: Cot Jean-Pierre , Wittich Stephan
Published: August 2024

This section is about Article 68 of the Statute of the International Court of Justice
Safeguarding Intangible Cultural Heritage
Authors: Arantes Antonio
Published: August 2024

This chapter reflects on ‘safeguarding’ as an action, such as described in Article 2(3) of the 2003 Convention. This action provides conceptual and practical parameters of central importance to the implementation of that treaty since it addresses what Article 1 sets out as the first of its purposes, namely ‘to safeguard the intangible heritage’. As such, this chapter contends that the safeguarding of intangible heritage cannot be properly comprehended without considering its constitution as a State policy, global in scale, regulated by a multilateral public agency, UNESCO. This means that its description requires paying attention to its specific modus operandi, the scope of its application in the geopolitical sphere formed by the States Parties, and the effects of its regulatory nature. Under these conditions, safeguarding participates in the cultural dynamic of the diverse social realities contained in this ample universe. In examining the action of safeguarding, therefore, this chapter keeps in mind the transformations that have shaped the trajectory of this policy, the power relations present in their implementation, and the infinite socio-cultural diversity to which this practice refers, and which is affected by it in distinct ways around the world. Finally, the chapter comments on some of the themes that traverse various articles of the treaty to delimit the parameters that constitute the core of this new modality of heritage action.
Defining States
Authors: Shyllon Folarin
Published: August 2024

This chapter concerns the ‘States Parties’. States Parties are countries that have ratified or acceded to a treaty, and are therefore legally bound by the provisions of the treaty. Treaties generally specify in their final clauses the categories of States, organizations, or other entities that may become a party to it. Treaties may be open to participation by ‘all States’ or ‘any State’. The ICH Convention like other UNESCO cultural heritage treaties adopts the ‘Vienna formula’. The formula in question permits participation in a treaty by Member States of the United Nations, Parties to the Statute of the International Court of Justice, and States Members of specialized agencies or, in certain cases, by any other State invited by the General Assembly to become a party.
Relationship to Other International Heritage Instruments
Authors: Lixinski Lucas
Published: August 2024

This chapter focuses on paragraph a of Article 3. Article 3 of the ICHC discusses the relationship between the ICHC and other regimes of international law. Paragraph a of this article is centred on thinking about the ICHC in the context of the field of international heritage law, and particularly its relationship to the World Heritage Convention (‘WHC’). In doing so, the ICHC attempts to preserve the logic of ICH (that is, a focus on a cultural process). At the same time, it suggests that other manifestations of heritage can be interpreted and safeguarded in light of the ICHC and its precepts.
Other Measures for Safeguarding
Authors: Vaivade Anita
Published: August 2024

This chapter examines Article 13. It shows how Article 13 of the 2003 Convention altogether encourages States Parties to proceed with policy development and implementation, as well as building institutional competencies and capacities, continuously involving communities, groups and individuals concerned, as well as relevant non-governmental organizations in these processes, and respecting their interests. States Parties may be directly focused on intangible cultural heritage safeguarding, as well as deal with related issues in diverse fields of policy. In either case, States Parties are encouraged to develop policies that would aim to promote the function of the intangible cultural heritage in society. States have diverse cultural, social, and political contexts and present needs for intangible cultural heritage safeguarding, as well as different histories and legacies of the past. All these aspects are of relevance when making choices for a national policy, and eventually legislation, aiming to ensure the viability of ICH in a State’s territory. Overall, Article 13 invites States Parties to consider some grounding aspects of the Convention - namely, the importance of the national level for the implementation of this Convention, and the challenge to integrate intangible cultural heritage safeguarding issues in diverse related fields of policy development. In this respect, although the choices at national level in different States Parties are necessarily to be diverging, it is valuable to exchange experiences to learn from.
Listing Intangible Cultural Heritage
Authors: Lenzerini Federico
Published: August 2024

This chapter looks at the listing mechanism established by the 2003 ICHC. It reveals that the need to manage the listing system so as to avoid the establishment of any kind of hierarchy was generally agreed upon during the negotiations leading to the adoption of the 2003 Convention, but in the end such a system was considered the most effective to ensure appropriate safeguarding for ICH. Indubitably, the presence of the lists ensures better visibility for the Convention, especially outside the limited circle of experts in the field. Furthermore, the two lists make the international system of safeguarding of ICH more concrete than it might be in the case that they did not exist, make the Convention more likely to attract the consent of a high number of States, and help in fostering awareness-raising of the significance of ICH which is decisive for the realization of the purposes of the Convention. Last but not least, the listing system ensures consistency with the duty for States Parties to draw up inventories of the ICH present in their respective territories.
Co-operation
Authors: Chechi Alessandro
Published: August 2024

This chapter offers commentary on Article 19. The article aims at fostering ‘international cooperation’, which is one of the purposes of the 2003 Convention as set out in Article 1(d). Article 19 focuses on the cooperation among States Parties. It reflects the calls for the safeguarding of ICH through the adoption of cooperative initiatives that are contained inter alia in the UNESCO Declaration of Principles of International Cultural Co-operation, the Declaration on Cultural Policies issued at the World Conference on Cultural Policies (MONDIACULT), and in the UNESCO Recommendation on the Protection of Traditional Culture and Folklore. As such, Article 19 reiterates the view that the international community has a great interest in the intangible heritage worldwide given the threats posed by globalization.
Intangible Cultural Heritage Fund
Authors: Jakubowski Andrzej
Published: August 2024

This chapter addresses the establishment and operation of the Intangible Cultural Heritage Fund (‘the Fund’). It first examines the purpose and nature of the Fund, which is to provide international assistance to States Parties of the Convention in their efforts to safeguard ICH. Next, the chapter discusses the resources of the Fund, i.e. its income, which comes from two main groups of sources: contributions by State Parties, voluntary supplementary contributions and interest due to the resources of the Fund. This chapter also discusses other funds available for the implementation of the 2003 Convention as well as the penalty imposed on States Parties for failure to contribute to the Fund. Finally, the chapter deals with the management and expenditure of the Fund.