Public International Law and Organizations

PUBLIC INTERNATIONAL LAW



Introduction to international law

· Definition: comparative study between public and private international law
· Background: the development of public international law since the Treaty of Westphalia (October 23, 1648), to the establishment of the Charter of the United Nations (June 26, 1945).

The United Nations institutions and functions

Statute of the International Court of Justice (1945)

Charter of the Organization of American States (April 30, 1948) signed in Bogota in 1948 and amended by the Protocol of Buenos Aires in 1967, by the Protocol of Cartagena de Indias in 1985, by the Protocol of Washington in 1992, and by the Protocol of Managua in 1993.

Treaty establishing the European Economic Community or Treaty of Rome (March 25, 1957, as amended by subsequent treaties through the Treaty of Amsterdam (October 2, 1997; the Treaty on European Union (Maastricht, February 2, 1992); The Treaty of Nice (February 26, 2001) and the Treaty Establishing a Constitution for Europe which is undergoing ratification throughout the Union.

International Environmental Law: The customs, treaties and concepts of international law related to the environment, it includes the following:
· Convention for the Establishment of the European and Mediterranean Plant Protection Organization (April 18, 1951)
· International Plant Protection Convention (December 6, 1951
· The Arctic Treaty (December 1st, 1959)
· African Convention on the Conservation of Nature and Natural Resources (September 15, 1968
· Convention Concerning Protection against Hazards of Poisoning Arising from Benzenes (June 23, 1971)
· United Nations Conference on the Human Environment in Stockholm (1972)
· Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter (London, 1972)
· International Convention for the Prevention of Pollution from Ships (February 17, 1978)
· World Charter for Nature (1982)
· Convention Concerning Safety Use of Asbestos (June 24, 1986
· Convention on Early Notification of a Nuclear Accident (September 26, 1986)
· London Guidelines for the Exchange of Information on Chemicals in International Trade (May 25, 1989)
· Protocol on Environmental Protection to the Antarctic Treaty (October 4, 1991)
· United Nations Conference on Environment and Development (June 14, 1992)
· North American Agreement on Environmental Cooperation (September 12,1993)
· International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea (May 3, 1996)
· Rotterdam Convention on the Prior Informed Consent Procedure For Certain Hazardous Chemicals and Pesticides in International Trade (September 11, 1998)
· Other conventions, protocols and treaties related to the protection of the environment


International Law – Human Rights
· Universal Declaration of Human Rights (1948)
· Convention on the Prevention and Punishment of Genocide (December 9, 1948)
· Geneva Convention I (August 12 1949)
· Geneva Convention II (August 12, 1949)
· Geneva Convention III (August 12, 1949)
· Geneva Convention IV (August 12, 1949)
· European Convention on Human Rights (November 4, 1950)
· Convention Relating to the Status of Refugees (July 28, 1951)
· Supplementary Convention on the Abolition of Slavery (September 7, 1956)
· International Convention on the Elimination of All Forms of Racial Discrimination (March 7, 1966)
· International Covenant on Civil and Political Rights (December 16, 1966)
· American Convention on Human Rights (November 22, 1969)
· Convention on the Elimination of All Forms of Discrimination Against Women (December 18, 1981)
· European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (Strasbourg November 26, 1987)
· Convention on the Rights of the Child (November 20, 1989)
· Draft Declaration on the Rights of Indigenous Peoples (1992)
· United Nations World Conference on Human Rights (Vienna, June 25, 1993)
· Draft Declaration of Principles on Human Rights and the Environment (1994)
· Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor (entered into effect on November 19, 2000
· United Nations Convention against Transnational Organized Crime (December 15, 2000)
· Other international treaties, conventions and protocols concerning human rights issues.


International Law of the Sea: The resources and uses of the sea, and applicable international customs, treaties and principles. These include the following:

· Convention for the Establishment of a General Fisheries Council for the Mediterranean (Sept 24, 1949)
· International Convention for the High Seas Fisheries of the Pacific Ocean (May 9, 1952)
· International Convention for the Prevention of Pollution of the Sea by Oil May 12, 1954)
· Convention on the High Seas (April 29, 1958)
· North Atlantic Fisheries Convention (January 24, 1959)
· Convention Concerning Fishing in the Black Sea (July 7, 1959)
· Convention for the International Council for the Exploration of the Sea (September 17, 1964)
· International Convention on Civil Liability for Oil Pollution Damage (November 29, 1969)
· Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil thereof (February 11, 1971)
· Kuwait Regional Convention for Co-Operation on the Protection of the Marine Environment from Pollution (April 24, 1978)
· Convention for the Conservation of Salmon in the North Atlantic Area (March 2, 1982)
· United Nations Convention on the Law of the Sea (December 19, 1982)
· Provisional Understanding Regarding Deep Seabed Mining (August 3, 1984)
· South Pacific Nuclear Free Zone Treaty (August 6, 1985)
· United Nations Convention on the law of the Non-Navigational Uses of International Watercourses (May 21, 1997)
· Other treaties, conventions and protocols for the protection of the Sea.


International Atmospheric and Space Law:
· Treaty Banning Nuclear Weapon Tests in the Atmosphere (August 5, 1963)
· Agreement on the Rescue of Astronauts, the Return of Astronauts (April 22, 1968)
· Convention on International Liability for Damage Caused by Space Objects (March 29, 1972)
· Convention on the International Maritime Satellite Organization, as amended in 1985
· Agreement Governing the Activities of States on the Moon and other Celestial Bodies (December 5, 1979)
· Vienna Convention for the Protection of the Ozone Layer (March 22, 1985)
· United Nations Framework Convention on Climate Change (May 9, 1992)
· Kyoto Protocol (December 1997)


International Law and the Protection of Culture. Includes the following:

· Convention for the Protection of Cultural Property in the Event of Armed Conflict (May 14, 1954)
· European Cultural Convention (December 19, 1954)
· European Convention on the Protection of the Archaeological Heritage (May 6, 1969)
· Convention on the Means of Prohibiting and Preventing the Illicit Import-Export and Transfer of Ownership of Cultural Property (November 14, 1970)
· Convention on the Protection of the Archaeological, Historical and Artistic Heritage of the American Nations (June 16, 1976)
· European Convention for the Protection of the Archaeological Heritage of Europe (January 16, 1992)
· Convention on Stolen or Illegally Exported Cultural Objects (June 24, 1995)
· Other treaties and conventions dealing with the protection of culture under international law.

International Law – Trade and Commercial Relation. Includes the following:

· General Agreement on Tariffs and Trade (1947) with the amendments through 1966 including the Final Act of the Uruguay Round via The World Trade Organization
· Treaty Establishing the European Community (Treaty of Rome) signed on March 25, 1957 with its subsequent amendments through the Treaty of Amsterdam, signed on October 2, 1997. The Maastricht Treaty, which established the European Union, singed on February 7, 1992 and took effect on November 1st, 1993. Treaty of Nice, signed on February 26, 2001, became effective on February 1st, 2003 and the Treaty Establishing a Constitution for Europe, which is being ratified by twenty-five Member States.
· Convention on the Organization for Economic Co-operation and Development (December 14, 1960)
· Paris Convention for the Protection of Industrial Property
· International Convention on Travel Contracts (Brussels, April 23, 1970)
· United Nations Convention on Contracts for the International Sale of Goods (April 11, 1980)
· Convention on International Bills of Exchange and International Promissory Notes (December 9, 1988)
· North American Free Trade Agreement (1993)
· Draft Model Law on Electronic Commerce - UNCITRAL, revised on June 14, 1996
· Multilateral Agreement on Investment (MAI) (1997)
· Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (December 17, 1997)

International Law – Intellectual Property: Includes the following:

· International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (October 26, 1961
· Berne Convention for the Protection of Literary & Artistic Works (Stockholm, July 14, 1967) and Paris, July 24, 1971
· Patent Cooperation Treaty (July 19, 1970)
· Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (November 14, 1970)
· Universal Copyright Convention Paris, July 24, 1971
· WIPO Copyright Treaty (December 20, 1996)
· Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms (October 29, 1971)
· WIPO Performances and Phonograms Treaty (December 20, 1996)
· World Intellectual Property Organization-World Trade Organization: Agreement Between WIPO and WTO ( Geneva, December 22, 1995)
· World Intellectual Property Organization: Copyright Treaty (December 20, 1996)
· World Intellectual Property Organization: Performances and Phonograms Treaty (December 20, 1996)


International Law – Rules of Warfare and Arms Control. This includes the conventions and protocols signed between 1863 to June 17, 1925. It also includes the following:

· Convention on the Prevention and Punishment of Genocide (December 9, 1948)
· Geneva Convention I. For the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field. (August 12, 1949)
· Geneva Convention II for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (August 12, 1949)
· Geneva Convention III Relative to the Treatment of Prisoners of War (August 12,1949)
· Geneva IV Relative to the Protection of Civilian Persons in Time of War (August 12,1949)
· Convention for the Protection of Cultural Property in the Event of Armed Conflicts (May 14, 1954)
· Treaty Banning Nuclear Weapon Tests in the Atmosphere (August 5, 1963)
· Treaty on the Non-Proliferation of Nuclear Weapons (July 1st, 1968)
· Treaty on the Prohibition of the Emplacement of Nuclear Weapons and other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil thereof (February 11, 1971)
· Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (April 10, 1972)
· Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-ballistic Missile Systems (May 26, 1972) and Protocol (July 3, 1974)
· Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques (December 10, 1976)
· Protocol I: Additional to the Geneva Conventions of August 12, 1949, and relating to the protection of victims of international armed conflict (June 8, 1977)
· Protocol II: Additional to the Geneva Conventions of August 12, 1949, and relating to the protection of victims of non-international armed conflict (June 8, 1977)
· South Pacific Nuclear Free Zone Treaty (August 6, 1985)
· Treaty on Conventional Armed Forces in Europe (November 19, 1990)
· Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (January 13, 1993)
· Comprehensive Nuclear Test Ban Treaty (September 10, 1996)
· United Nations International Convention for the Suppression of Terrorist Bombings (January 12, 1998)
· More treaties and conventions dealing with arms control.


International Criminal Law: The United Nations Office on Drugs and Crime UNODC is responsible for crime prevention, criminal Justice and criminal law reform. It pays special attention to combating international organized crime, corruption and illicit trafficking in human beings. The General Assembly passed eleven resolutions at its 55th session. These are:

· UN Convention against Transnational Organized Crime (A/RES/55/25)
· Strengthening of the United Nations Crime Prevention and Criminal Justice Program, in particular its technical cooperation capacity (A/RES/55/64)
· Combating the Criminal Misuse of Information Technologies (A/RES/55/63)
· UN African Institute for the Prevention of Crime and Treatment of Offenders (A/RES/55/62)
· International Legal Instrument Against Corruption (A/RES/55/61)
· Follow-up to the 10th UN Congress on the Prevention of Crime and the Treatment of Offenders (A/RES/55/60)
· Vienna Declaration on Crime and Justice (A/RES/55/59)
· International Cooperation against the World Drug Problem (A/RES/55/65)
· Traffic in Women and Girls (A/RES/55/67
· Preventing and Combating Corrupt Practices and Illegal Transfer of Funds and Reparation of Such Funds to the Countries of Origin (A/RES/55/188)
· Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition, Supplementing the United Nations Convention Against Transnational Organized Crime (A/RES/55/255)

The UNODC has formulated and promoted internationally recognized principles in such areas as independence of the judiciary, protection of victims, alternatives to imprisonment, treatment of prisoners, police use of force, mutual legal assistance and extradition. More than 100 countries worldwide have relied on these standards in writing their national laws and policies in crime prevention and criminal justice.


International Law - Conventions Against Terrorism: there are twelve major multilateral conventions and protocols related to states’ responsibilities for combating terrorism, but many of those states have not yet implemented them. Besides, there are other instruments that are connected to terrorism among them:
· The 1961 Vienna Convention on Diplomatic Relations
· The 1963 Vienna Convention on Consular Relations
· UN Security Council and General Assembly Resolutions on international terrorism
· Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo, 1963)
· Convention for the Suppression of Unlawful Seizure of Aircraft (Hague, 1970)
· Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (Montreal, 1971)
· Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons. It outlaws attacks on senior government officials and diplomats (1973)
· International Convention Against Taking of Hostages (1979)
· Convention on the Physical Protection of Nuclear Material, it combats unlawful taking and use of nuclear material (1980)
· Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, it supplements the Convention for the Suppression of Unlawful Acts Against the Safety Aviation (1988)
· Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, it applies to terrorist activities on ships (1988)
· Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, it applies to terrorist activities on fixed offshore platforms (1988)
· Convention on the Marking of Plastic Explosives for the purpose of Detection, it provides for chemical marking to facilitate detection of plastic explosives (1991)
· International Convention for the Suppression of Terrorist Bombing, UN General Assembly Resolution (1997)
· International Convention for the Suppression of the Financing of Terrorism (1999)


· International Law – Protection of nature: this includes international conventions held at the beginning of the twentieth century until 1994. It includes also the following:
· Agreements for the Establishment of a General Fisheries Council for the Mediterranean (September 24, 1949)
· International Convention for the Protection of Birds (October 18, 1950)
· International Convention for the Protection of New Varieties of Plants (December 2, 1978)
· International Convention for the Conservation of Atlantic Tuna (May 14, 1966)
· European Convention for the Protection of Animals During International Transport (December 13, 1968
· Convention on Wetlands of International Importance Especially as Waterfowl Habitat (February 2, 1971)
· Convention for the Conservation of Antarctic Seals (June 1, 1972)
· Convention on International Trade in Endangered Species of Wild Fauna and Flora (March 3, 1973)
· Agreement on the Conservation of Polar Bears (November 15, 1973)
· World Charter for Nature (1982)
· International Tropical Timber Agreement (November 18, 1983)
· Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Sept 5, 2000)
· Convention on the Conservation and Management of Fishery Resources in the South East Atlantic Ocean (April 20, 2001)
· Other agreements, conventions and protocols dealing with the protection of nature under international law.


International Law – Diplomatic and Consular Relations:

· Vienna Convention on Diplomatic Relations (April 18, 1961)
· Vienna Convention on Consular Relations (April 24, 1963)
· Vienna Convention on the Law of Treaties (May 23, 1969)
· Vienna Convention on the Law of Treaties between States and International Organizations or Between International Organizations (March 21, 1986).


International Criminal Court: The purpose of the treaty is to try “individuals accused of committing genocide, war crimes and crimes against humanity”. Established by Rome Statute, UN Document 2187 (U.N.T.S. 90), entered into force on July 1, 2002.









References


Introduction to International law:
· Regulating Law, Christine Parker, 2004
· International Rules, Robert J. Beck, 1996
· Sustainable Development Law, Principles, Practices, and Prospects, Marie-Claire, 2005
· The British Year Book of International Law, Ian Brownlie, 1992
· Declining Jurisdiction in Private International Law, J.J. Fawcett, 1995
· International Law Documents, Malcolm Evans, 2003
· Public Law and Democracy in the United Kingdom and the United States of America, P.P. Craig, 1991
· Public Law, Adam Tomkins, 2003
· Basic Documents in International Law, Fifth ed., Ian Brownlie, 2002
· Essays in International Litigation and the Conflict of Laws, Lawrence Collins, 1994
· The Reality of International Law, Guy S. Goodwin-Gill, 2000
· Cases and Materials on International Law, 4th ed. Martin Dixon.


The UN Institutions:
· The Charter of the United Nations 2 vols. Second ed., Bruno Simma, 2002
· The United Nations and the Development of Collective Security, Danesh Sarooshi, 2000
· The United Nations System and its predecessors, Franz Knipping, 1998
· The Oxford 50th Anniversary Book of the United Nations, Charles Patterson, 1995
· The United Nations As a Political Institution Fifth ed. H.G. Nicholas, 1975


The European Union:
· The State of the European Union, Tanja A. Borzel, 2003
· Accountability and Legitimacy in the European Union, Anthony Amull, 2003
· The European Union and its Court of Justice, Athony Amull, 2000
· The European Union, A Very Short Introduction, John Pinder, 2001
· The Enlargement of the European Union, Marise Cremona, 2003
· The European Union, Economy, Society, and Polity, Andres Rodriguez-Pose, 2002
· European Union Law, 3rd ed. Margot Horspool, 2003
· Culture and European Union Law, Rachael Craufurd Smith, 2004


International Environment Law:
· International Law and the Environment, 2nd ed., P.W. Bimie, 2002
· International Law and Infectious Diseases, David P. Fidler, 1999
· Yearbook of International Environmental Law, Vol. 5, Gunther Handl, 1994
· International Law, Second ed., Antonio Cassese, 2005


International Law – Human Rights:
· The International Law of Human Rights, Paul Sieghart, 1984
· Impunity and Human Rights in International Law and Practice, Naomi Roht-Arriaza, 1995
· Remedies in International Human Rights Law, Dinah Shelton, 2001
· The Law of Human Rights, Richard Clayton, 2003
· International Human rights in context, Law Politics, Morals, second ed. Henry Steiner, 2000
· International Law, Human Rights, and Japanese Law, The Impact of International Law on Japanese Law, Yuji Iwasawa, 1999
· Migrant Workers in International Human Rights Law, Their Protection in Countries of Employment, Ryszard Cholewinski, 1997
· International Human Rights and Islamic Law, Mashood A. Baderin, 2003
· Accountability for Human Rights Atrocities in International Law, Neyond the Nuremberg Legacy, 2nd ed. Steven R. Ratner, 2001


International Law of the Sea:
· In Defense of Natural Law, Robert George, 2001
· Yearbook of International Environmental Law, Vol.8, Jutta Brunnee, 1997
· International Law and the Environment, second ed. P.W. Bimie, 2002
· The Law of International Watercourses, Non-Navigational Uses, Stephen C. McCaffrey, 2001


International Atmospheric and Space Law:
· Studies in International Space Law, Bin Cheng, 1998
· United Kingdom Materials on International Law 1975-2001, Geoffrey Marston. 2004
· International Law and the Environment, 2nd ed. P.W. Bimie, 2002
· International Law and Infectious Diseases, David P. Fidler, 1999


Other Reference Books
· Like Products in International Trade Law
· The Termination and Revision of Treaties in the lIght of New Customary International Law, Nancy Kontou, 1995
· Provisional Measures in International Law, The International Court of Justice and the International Tribunal for the Law of the Sea, Shabtai Rosenne, 2005
· International Law and the Use Of Force, 2nd. Ed. 2004
· Indigenous Peoples in International Law, 2nd ed., S. James Anaya
· International Criminal Law, Antonio Cassese, 2003
· Fairness in International Law and Institutions, Thomas M. Franck, 1998
· The American Tradition of International Law, Mark Weston Janis, 2004
· International Sale of Goods in the Conflict of Laws, James Fawcett, 2005
· Environment Damage in International Law 1999, Seventieth Year of Issue, Vol 70, James Crawford, 2001
· International Public Finance, Ruben P. Mendez, 1992
· Procedural Law in International Arbitration, Geogios Petrochilos, 2004
· The of the International Civil Service, As Applied by International Administrative Tribunals, Vol 1, 2nd revised ed., C.F. Amerasinghe, 1994
· International Monetary Law Mario Giovanoli, 2000
· The Workers of Nations, Industrial Relations in a Global Economy, Sanford M. Jacoby, 1995







© Copyright 2005 Gabriel Sawma. ALL RIGHTS RESERVED
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