Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

Challenging the classic narrative that sovereign states make the law that constrains them, this book argues that treaties and other sources of international law form only the starting point of legal authority. Interpretation can shift the meaning of texts and, in its own way, make law. In the practice of interpretation actors debate the meaning of the written and customary laws, and so contribute to the making of new law. In such cases it is the actor's semantic authority that is key - the capacity for their interpretation to be accepted and become established as new reference points for legal discourse. The book identifies the practice of interpretation as a significant space for international lawmaking, using the key examples of the UN High Commissioner for Refugees and the Appellate Body of the WTO to show how international institutions are able to shape and develop their constituent instruments by adding layers of interpretation, and moving the terms of discourse. The book applies developments in linguistics to the practice of international legal interpretation, building on semantic pragmatism to overcome traditional explanations of lawmaking and to offer a fresh account of how the practice of interpretation makes international law. It discusses the normative implications that arise from viewing interpretation in this light, and the implications that the importance of semantic changes has for understanding the development of international law. The book tests the potential of international law and its doctrine to respond to semantic change, and ultimately ponders how semantic authority can be justified democratically in a normative pluriverse.

The doctrine of state immunity bars a national court from adjudicating or enforcing claims against foreign states. This doctrine, the foundation for high-profile national and international decisions such as those in the Pinochet case and the Arrest Warrant cases, has always been controversial. The reasons for the controversy are many and varied. Some argue that state immunity paves the way for state violations of human rights. Others argue that the customary basis for the doctrine is not a sufficient basis for regulation and that codification is the way forward. Furthermore, it can be argued that even when judgments are made in national courts against other states, the doctrine makes enforcement of these decisions impossible. This fully restructured new edition provides a detailed analysis of these issues in a more clear and accessible manner. It provides a nuanced assessment of the development of the doctrine of state immunity, including a general comprehensive overview of the plea of immunity of a foreign state, its characteristics, and its operation as a bar to proceedings in national courts of another state. It includes a coherent history and justification of the plea of state immunity, demonstrating its development from the absolute to the restrictive phase, arguing that state immunity can now be seen to be developing into a third phase which uses immunity allocate adjudicative and enforcement jurisdictions between the foreign and the territorial states. The United Nations Convention on Jurisdictional Immunities of states and their Property is thoroughly assessed. Through a detailed examination of the sources of law and of English and US case law, and a comparative analysis of other types of immunity, the authors explore both the law as it stands, and what it could and should be in years to come.

The 1968 Nuclear Non-Proliferation Treaty has proven the most complicated and controversial of all arms control treaties, both in principle and in practice. Statements of nuclear-weapon States from the Cold War to the present, led by the United States, show a disproportionate prioritization of the non-proliferation pillar of the Treaty, and an unwarranted underprioritization of the civilian energy development and disarmament pillars of the treaty. This book argues that the way in which nuclear-weapon States have interpreted the Treaty has laid the legal foundation for a number of policies related to trade in civilian nuclear energy technologies and nuclear weapons disarmament. These policies circumscribe the rights of non-nuclear-weapon States under Article IV of the Treaty by imposing conditions on the supply of civilian nuclear technologies. They also provide for the renewal and maintaintenance, and in some cases further development of the nuclear weapons arsenals of nuclear-weapon States. The book provides a legal analysis of this trend in treaty interpretation by nuclear-weapon States and the policies for which it has provided legal justification. It argues, through a close and systematic examination of the Treaty by reference to the rules of treaty interpretation found in the 1969 Vienna Convention on the Law of Treaties, that this disproportionate prioritization of the non-proliferation pillar of the Treaty leads to erroneous legal interpretations of the Treaty, prejudicing the legitimate legal interests of non-nuclear-weapon States.

This book examines the changing role of popular politics in the early republic. During the mid-1790s, citizens of the newly formed United States became embroiled in a divisive debate over a proposed commercial treaty with Great Britain. Long regarded as a pivotal event in the history of the early republic, the controversy pitted pro-treaty Federalists against anti-treaty Jeffersonian Republicans. Yet, as Todd Estes argues in this perceptive study, the year-long debate over the ratification of the Jay Treaty represented more than a clash over foreign policy between two nascent political parties. It also marked a significant milestone in the role played by public opinion in the young nation's political culture.

First Freedoms incorporates documents that are drawn from the history of First Amendment rights in America - an ongoing experiment in freedom. Like all experiments, it is full of trial and error. The story of freedom in America recounted here is often painful and contentious - but it is ultimately inspiring. Through it all, the ideal of building a nation 'with liberty and justice for all' keeps pulling America forward, calling its citizens to do better. Incorporating nearly 40 documents relating to First Amendment rights in America, First Freedom traces the ongoing efforts to establish the freedoms on which the country was founded.

Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Under traditional approaches to human rights, non-state actors cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.

This key work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.

Predictions about the success of the Convention on Biological Diversity (CBD) are pessimistic. It has now become commonplace to bemoan the scope, ambition, and deeply political nature of a convention that addresses issues ranging from ecosystems protection to the exploitation of genetic resources, from conservation to justice, and from commerce to scientific knowledge. Ten years after its adoption, how can we assess the difference that the CBD has made? Is it in danger of collapsing under its own weight or is it building the foundations of new patterns of relations between societies and nature? What achievements can we record and what challenges does it face? In this book, which is unique in its scope, diversity and the wealth of information it contains, contributors from a variety of academic disciplines tackle an issue of enduring importance to the protection of biodiversity and enhance our understanding of humanity's capacity to reconcile its various aspirations and halt the destructive path upon which it is set.

In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.

Winner of the 1988 Paul Reuter Prize awarded by the International Committee of the Red Cross, this book examines two branches of the international law of armed conflict as they apply to national liberation movements. First, it explores the idea that national liberation movements may legitimately resort to the use of force to secure the right of their peoples to self-determination. Second, it examines the application of the humanitarian law of armed conflict in wars of national liberation. After a brief explanation of the traditional law, the book explores the development of the idea that there is a right of peoples to self-determination in international law. The book then expands upon two corollaries which derive from this idea. The first is that in situations of national liberation struggles the use of force should be regarded as legitimate. The second corollary is that, since peoples have status in international law separate and distinct from that of the states governing them, wars of national liberation are international wars by definition, and the international rules governing the conduct of hostilities should apply.

European integration has long defied previous notions of state sovereignty and has since the days of the Coal and Steel Community been conferred with original supranational instruments. Yet the Treaty of Rome did not raise the same popular reactions as the Maastricht Treaty about the infringement of national sovereignty. This book suggests that the end of the Cold War has modified the functions of European integration so that the original ideals of integration have lost part of their appeal; hence the birth of the European Union can be regarded as an attempt to seek a new legitimacy. How far did the EU Treaty meet this unprecedented challenge? This book argues that the Maastricht Treaty established a constitutional framework for a new kind of polity without resolving the issue of its purpose and scope. The volume seeks thus to explain some of the reasons for the defeat of the Constitutional Treaty in 2005 dating them back to the Maastricht Treaty. In so doing, the book links the actual state of European integration with the decisions taken at Maastricht in five different realms of supranational policy-making. The first is the constitutional setting of the EU Treaty and its effect on national constitutional law; the second is the concept of governance and the changes introduced by the Economic and Monetary Union; the third is the historical background of the Maastricht agreement; the fourth the political economy of the Economic and Monetary Union; the fifth is the impact of European citizenship in the recent case-law of the European Court of Justice and the prospects of a EU politicisation. The book puts in perspective the solutions to the recent stalemate of the European integration process offered by the Lisbon Treaty.

This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term `peremptory', for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

War is the enemy of man, and, of the best art and cultural objects and monuments that man has made. This is a commentary on the codification of the protection of our cultural heritage that fell, after 1945, to the responsibility of UNESCO, and which became the Hague Convention in 1954.

In continuation of Treaty Series no. 29 (2007), Cm. 7267.

The Convention and the Protocol entered into force on 3 June 2008.

The Exchange of notes entered into force on 27 August 2007.

In continuation of Treaty Series number 17 (2008), Cm 7699, this title features on cover and title page: Ratifications etc.

The Uruguay Round overhauled the basic rules and establishments of world trade and created a new institution, the World Trade Organization (WTO), to manage it. This dramatic reshaping of the multilateral trading system will influence world economic growth and social and economic developments in every country well into the 21st century. Successfully completed in December 1993 after more than seven years of debate, the Round represents one of the longest, most complex, and arguably most ambitious economic negotiations ever undertaken. It has resulted in nearly 30 legal agreements, a large number of supplementary decisions, and separate undertakings in which each country specifies levels of trade restriction which it promises not to exceed for thousands of different products and services. This text is an official and comprehensive WTO explanation of the Uruguay Round treaties. It aims to help readers to navigate the complexities of well over 20,000 pages of decisions, agreements, and schedules arising out of the negotiations. Features of this work include - a straightforward explanation of each agreement with cross-references to the provisions of the legal text and associated decisions, including those made since April 1994, when the agreements were signed; concise introductory notes explaining each agreement's purpose and providing sufficient background to contextualize the agreement; and the WTO Secretariat's own analysis of the significance and likely impact of the commitments in the goods and services schedules. The book offers a complete yet precise treatment of the Round results. The agreements embodied in the Uruguay Round texts will directly impact upon business enterprises, governments, and individual citizens. This text should make this significant event in international law and economics easier to understand and should prove a valuable resource for international lawyers, governments, academics, economists, and international companies.