International Law & Justice
International Law & Justice
International Law & Justice
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The e-Advocate<br />
Monthly<br />
…a Compilation of Works on:<br />
<strong>International</strong> <strong>Law</strong> & <strong>Justice</strong><br />
Exodus 20 | Jeremiah 31:31-34<br />
Romans 3:19-20 | 2 Corinthians 3:6-18<br />
Galatians 3:24 | 1 Timothy 1:8<br />
Legal Missions <strong>International</strong>®<br />
“Helping Individuals, Organizations & Communities<br />
Achieve Their Full Potential”<br />
Special Edition| LMI – December 2020
Walk by Faith; Serve with Abandon<br />
Expect to Win!<br />
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The Advocacy Foundation, Inc.<br />
Helping Individuals, Organizations & Communities<br />
Achieve Their Full Potential<br />
Since its founding in 2003, The Advocacy Foundation has become recognized as an effective<br />
provider of support to those who receive our services, having real impact within the communities<br />
we serve. We are currently engaged in community and faith-based collaborative initiatives,<br />
having the overall objective of eradicating all forms of youth violence and correcting injustices<br />
everywhere. In carrying-out these initiatives, we have adopted the evidence-based strategic<br />
framework developed and implemented by the Office of Juvenile <strong>Justice</strong> & Delinquency<br />
Prevention (OJJDP).<br />
The stated objectives are:<br />
1. Community Mobilization;<br />
2. Social Intervention;<br />
3. Provision of Opportunities;<br />
4. Organizational Change and Development;<br />
5. Suppression [of illegal activities].<br />
Moreover, it is our most fundamental belief that in order to be effective, prevention and<br />
intervention strategies must be Community Specific, Culturally Relevant, Evidence-Based, and<br />
Collaborative. The Violence Prevention and Intervention programming we employ in<br />
implementing this community-enhancing framework include the programs further described<br />
throughout our publications, programs and special projects both domestically and<br />
internationally.<br />
www.TheAdvocacy.Foundation<br />
ISBN: ......... ../2017<br />
......... Printed in the USA<br />
Advocacy Foundation Publishers<br />
Philadlephia, PA<br />
(878) 222-0450 | Voice | Data | SMS<br />
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Dedication<br />
______<br />
Every publication in our many series’ is dedicated to everyone, absolutely everyone, who by<br />
virtue of their calling and by Divine inspiration, direction and guidance, is on the battlefield dayafter-day<br />
striving to follow God’s will and purpose for their lives. And this is with particular affinity<br />
for those Spiritual warriors who are being transformed into excellence through daily academic,<br />
professional, familial, and other challenges.<br />
We pray that you will bear in mind:<br />
Matthew 19:26 (NIV)<br />
Jesus looked at them and said, "With man this is impossible,<br />
but with God all things are possible." (Emphasis added)<br />
To all of us who daily look past our circumstances, and naysayers, to what the Lord says we will<br />
accomplish:<br />
Blessings!!<br />
- The Advocacy Foundation, Inc.<br />
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The Transformative <strong>Justice</strong> Project<br />
Eradicating Juvenile Delinquency Requires a Multi-Disciplinary Approach<br />
The way we accomplish all this is a follows:<br />
The Juvenile <strong>Justice</strong> system is incredibly overloaded, and<br />
Solutions-Based programs are woefully underfunded. Our<br />
precious children, therefore, particularly young people of<br />
color, often get the “swift” version of justice whenever they<br />
come into contact with the law.<br />
Decisions to build prison facilities are often based on<br />
elementary school test results, and our country incarcerates<br />
more of its young than any other nation on earth. So we at<br />
The Foundation labor to pull our young people out of the<br />
“school to prison” pipeline, and we then coordinate the efforts<br />
of the legal, psychological, governmental and educational<br />
professionals needed to bring an end to delinquency.<br />
We also educate families, police, local businesses, elected<br />
officials, clergy, and schools and other stakeholders about<br />
transforming whole communities, and we labor to change<br />
their thinking about the causes of delinquency with the goal<br />
of helping them embrace the idea of restoration for the young<br />
people in our care who demonstrate repentance for their<br />
mistakes.<br />
1. We vigorously advocate for charges reductions, wherever possible, in the adjudicatory (court)<br />
process, with the ultimate goal of expungement or pardon, in order to maximize the chances for<br />
our clients to graduate high school and progress into college, military service or the workforce<br />
without the stigma of a criminal record;<br />
2. We then enroll each young person into an Evidence-Based, Data-Driven Restorative <strong>Justice</strong><br />
program designed to facilitate their rehabilitation and subsequent reintegration back into the<br />
community;<br />
3. While those projects are operating, we conduct a wide variety of ComeUnity-ReEngineering<br />
seminars and workshops on topics ranging from Juvenile <strong>Justice</strong> to Parental Rights, to Domestic<br />
issues to Police friendly contacts, to CBO and FBO accountability and compliance;<br />
4. Throughout the process, we encourage and maintain frequent personal contact between all<br />
parties;<br />
5 Throughout the process we conduct a continuum of events and fundraisers designed to facilitate<br />
collaboration among professionals and community stakeholders; and finally<br />
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6. 1 We disseminate Quarterly publications, like our e-Advocate series Newsletter and our e-Advocate<br />
Quarterly electronic Magazine to all regular donors in order to facilitate a lifelong learning process<br />
on the ever-evolving developments in the <strong>Justice</strong> system.<br />
And in addition to the help we provide for our young clients and their families, we also facilitate<br />
Community Engagement through the Restorative <strong>Justice</strong> process, thereby balancing the interesrs<br />
of local businesses, schools, clergy, elected officials, police, and all interested stakeholders. Through<br />
these efforts, relationships are rebuilt & strengthened, local businesses and communities are enhanced &<br />
protected from victimization, young careers are developed, and our precious young people are kept out<br />
of the prison pipeline.<br />
This is a massive undertaking, and we need all the help and financial support you can give! We plan to<br />
help 75 young persons per quarter-year (aggregating to a total of 250 per year) in each jurisdiction we<br />
serve) at an average cost of under $2,500 per client, per year.*<br />
Thank you in advance for your support!<br />
* FYI:<br />
1. The national average cost to taxpayers for minimum-security youth incarceration, is around<br />
$43,000.00 per child, per year.<br />
2. The average annual cost to taxpayers for maximun-security youth incarceration is well over<br />
$148,000.00 per child, per year.<br />
- (US News and World Report, December 9, 2014);<br />
3. In every jurisdiction in the nation, the Plea Bargain rate is above 99%.<br />
The Judicial system engages in a tri-partite balancing task in every single one of these matters, seeking<br />
to balance Rehabilitative <strong>Justice</strong> with Community Protection and Judicial Economy, and, although<br />
the practitioners work very hard to achieve positive outcomes, the scales are nowhere near balanced<br />
where people of color are involved.<br />
We must reverse this trend, which is right now working very much against the best interests of our young.<br />
Our young people do not belong behind bars.<br />
- Jack Johnson<br />
1<br />
In addition to supporting our world-class programming and support services, all regular donors receive our Quarterly e-Newsletter<br />
(The e-Advocate), as well as The e-Advocate Quarterly Magazine.<br />
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The Advocacy Foundation, Inc.<br />
Helping Individuals, Organizations & Communities<br />
Achieve Their Full Potential<br />
…a collection of works on<br />
<strong>International</strong> <strong>Law</strong> & <strong>Justice</strong><br />
“Turning the Improbable Into the Exceptional”<br />
Atlanta<br />
Philadelphia<br />
______<br />
John C Johnson III<br />
Founder & CEO<br />
(878) 222-0450<br />
Voice | Data | SMS<br />
www.TheAdvocacy.Foundation<br />
Page 9 of 198
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And God spoke all these words:<br />
Biblical Authority<br />
______<br />
Exodus 20 (NIV)<br />
The Ten Commandments<br />
2<br />
“I am the Lord your God, who brought you out of Egypt, out of the land of slavery.<br />
3<br />
“You shall have no other gods before me.<br />
4<br />
“You shall not make for yourself an image in the form of anything in heaven above or<br />
on the earth beneath or in the waters below. 5 You shall not bow down to them or<br />
worship them; for I, the Lord your God, am a jealous God, punishing the children for the<br />
sin of the parents to the third and fourth generation of those who hate me, 6 but showing<br />
love to a thousand generations of those who love me and keep my commandments.<br />
7<br />
“You shall not misuse the name of the Lord your God, for the Lord will not hold anyone<br />
guiltless who misuses his name.<br />
8<br />
“Remember the Sabbath day by keeping it holy. 9 Six days you shall labor and do all<br />
your work, 10 but the seventh day is a sabbath to the Lord your God. On it you shall not<br />
do any work, neither you, nor your son or daughter, nor your male or female servant,<br />
nor your animals, nor any foreigner residing in your towns. 11 For in six days<br />
the Lord made the heavens and the earth, the sea, and all that is in them, but he<br />
rested on the seventh day. Therefore the Lord blessed the Sabbath day and made it<br />
holy.<br />
12<br />
“Honor your father and your mother, so that you may live long in the<br />
land the Lord your God is giving you.<br />
13<br />
“You shall not murder.<br />
14<br />
“You shall not commit adultery.<br />
15<br />
“You shall not steal.<br />
16<br />
“You shall not give false testimony against your neighbor.<br />
17<br />
“You shall not covet your neighbor’s house. You shall not covet your neighbor’s wife,<br />
or his male or female servant, his ox or donkey, or anything that belongs to your<br />
neighbor.”<br />
18<br />
When the people saw the thunder and lightning and heard the trumpet and saw the<br />
mountain in smoke, they trembled with fear. They stayed at a distance 19 and said to<br />
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Moses, “Speak to us yourself and we will listen. But do not have God speak to us or we<br />
will die.”<br />
20<br />
Moses said to the people, “Do not be afraid. God has come to test you, so that the<br />
fear of God will be with you to keep you from sinning.”<br />
21<br />
The people remained at a distance, while Moses approached the thick<br />
darkness where God was.<br />
Idols and Altars<br />
22<br />
Then the Lord said to Moses, “Tell the Israelites this: ‘You have seen for yourselves<br />
that I have spoken to you from heaven: 23 Do not make any gods to be alongside me; do<br />
not make for yourselves gods of silver or gods of gold.<br />
24<br />
“‘Make an altar of earth for me and sacrifice on it your burnt offerings and fellowship<br />
offerings, your sheep and goats and your cattle. Wherever I cause my name to be<br />
honored, I will come to you and bless you. 25 If you make an altar of stones for me, do<br />
not build it with dressed stones, for you will defile it if you use a tool on it. 26 And do not<br />
go up to my altar on steps, or your private parts may be exposed.’<br />
Jeremiah 31:31-34<br />
31<br />
“The days are coming,” declares the Lord,<br />
“when I will make a new covenant<br />
with the people of Israel<br />
and with the people of Judah.<br />
32<br />
It will not be like the covenant<br />
I made with their ancestors<br />
when I took them by the hand<br />
to lead them out of Egypt,<br />
because they broke my covenant,<br />
though I was a husband to[a] them,”<br />
declares the Lord.<br />
33<br />
“This is the covenant I will make with the people of Israel<br />
after that time,” declares the Lord.<br />
“I will put my law in their minds<br />
and write it on their hearts.<br />
I will be their God,<br />
and they will be my people.<br />
34<br />
No longer will they teach their neighbor,<br />
or say to one another, ‘Know the Lord,’<br />
because they will all know me,<br />
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from the least of them to the greatest,”<br />
declares the Lord.<br />
“For I will forgive their wickedness<br />
and will remember their sins no more.”<br />
Romans 3:19-20<br />
19<br />
Now we know that whatever the law says, it says to those who are under the law, so<br />
that every mouth may be silenced and the whole world held accountable to<br />
God. 20 Therefore no one will be declared righteous in God’s sight by the works of the<br />
law; rather, through the law we become conscious of our sin.<br />
2 Corinthians 3:6-18<br />
6<br />
He has made us competent as ministers of a new covenant—not of the letter but of the<br />
Spirit; for the letter kills, but the Spirit gives life.<br />
The Greater Glory of the New Covenant<br />
7<br />
Now if the ministry that brought death, which was engraved in letters on stone, came<br />
with glory, so that the Israelites could not look steadily at the face of Moses because of<br />
its glory, transitory though it was, 8 will not the ministry of the Spirit be even more<br />
glorious? 9 If the ministry that brought condemnation was glorious, how much more<br />
glorious is the ministry that brings righteousness! 10 For what was glorious has no glory<br />
now in comparison with the surpassing glory. 11 And if what was transitory came with<br />
glory, how much greater is the glory of that which lasts!<br />
12<br />
Therefore, since we have such a hope, we are very bold. 13 We are not like Moses,<br />
who would put a veil over his face to prevent the Israelites from seeing the end of what<br />
was passing away. 14 But their minds were made dull, for to this day the same veil<br />
remains when the old covenantis read. It has not been removed, because only in Christ<br />
is it taken away. 15 Even to this day when Moses is read, a veil covers their hearts. 16 But<br />
whenever anyone turns to the Lord, the veil is taken away. 17 Now the Lord is the<br />
Spirit, and where the Spirit of the Lord is, there is freedom. 18 And we all, who with<br />
unveiled faces contemplate the Lord’s glory, are being transformed into his image with<br />
ever-increasing glory, which comes from the Lord, who is the Spirit.<br />
Galatians 3:24<br />
24<br />
So the law was our guardian until Christ came that we might be justified by faith.<br />
1 Timothy 1:8<br />
8<br />
We know that the law is good if one uses it properly.<br />
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Table of Contents<br />
…a compilation of works on<br />
<strong>International</strong> <strong>Law</strong> & <strong>Justice</strong><br />
Biblical Authority<br />
I. Introduction: <strong>International</strong> <strong>Law</strong>…………………………………… 17<br />
II.<br />
III.<br />
Comparative <strong>Law</strong><br />
and The World <strong>Justice</strong> Project.………………………………. 35<br />
Comparative Criminal <strong>Justice</strong><br />
and <strong>International</strong> Criminal <strong>Law</strong>.………………………………. 51<br />
IV. The United Nations………………………………………………… 65<br />
V. The <strong>International</strong> Court of <strong>Justice</strong>….…………………………….. 89<br />
VI. <strong>International</strong> Public <strong>Law</strong> Topics to Date………………………… 111<br />
VII. <strong>International</strong> Human Rights <strong>Law</strong>..…………………………........ 113<br />
VIII. <strong>International</strong> Legal Systems…………………………………….. 125<br />
IX. <strong>International</strong> Treatises……………………………………………. 137<br />
X. References……………………………………………………....... 165<br />
Attachments<br />
A. <strong>International</strong> Human Rights <strong>Law</strong><br />
and the Role of The Legal Professions<br />
B. The <strong>International</strong> Court of <strong>Justice</strong><br />
C. Everything You Always Wanted to Know<br />
About The United Nations<br />
Copyright © 2018 The Advocacy Foundation, Inc. All Rights Reserved.<br />
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I. Introduction<br />
<strong>International</strong> <strong>Law</strong><br />
<strong>International</strong> <strong>Law</strong> is the set of rules generally regarded and accepted as binding in<br />
relations between states and between nations. It serves as a framework for the practice<br />
of stable and organized international relations. <strong>International</strong> law differs from state-based<br />
legal systems in that it is primarily applicable to countries rather than to private citizens.<br />
National law may become international law when treaties delegate national jurisdiction<br />
to supranational tribunals such as the European Court of Human Rights or the<br />
<strong>International</strong> Criminal Court. Treaties such as the Geneva Conventions may require<br />
national law to conform to respective parts.<br />
Much of international law is consent-based governance. This means that a state<br />
member is not obliged to abide by this type of international law, unless it has expressly<br />
consented to a particular course of conduct. This is an issue of state sovereignty.<br />
However, other aspects of international law are not consent-based but still are<br />
obligatory upon state and non-state actors such as customary international law and<br />
peremptory norms (jus cogens).<br />
History<br />
Sir Alberico Gentili is regarded as<br />
the Father of international law.<br />
The current order of international law, the<br />
equality of sovereignty between nations, was<br />
formed through the conclusion of the "Peace of<br />
Westphalia" in 1648. Prior to 1648, on the basis<br />
of the purpose of war or the legitimacy of war, it<br />
sought to distinguish whether the war was a "just<br />
war" or not. This theory of power interruptions<br />
can also be found in the writings of the Roman<br />
Cicero and the writings of St. Augustine.<br />
According to the theory of armistice, the nation<br />
that caused unwarranted war could not enjoy the<br />
right to obtain or conquer trophies that were<br />
legitimate at the time.<br />
The 17th, 18th and 19th centuries saw the growth<br />
of the concept of the sovereign "nation-state", which consisted of a nation controlled by<br />
a centralised system of government. The concept of nationalism became increasingly<br />
important as people began to see themselves as citizens of a particular nation with a<br />
distinct national identity. Until the mid-19th century, relations between nation-states<br />
were dictated by treaty, agreements to behave in a certain way towards another state,<br />
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unenforceable except by force, and not binding except as matters of honor and<br />
faithfulness. But treaties alone became increasingly toothless and wars became<br />
increasingly destructive, most markedly towards civilians, and civilised peoples decried<br />
their horrors, leading to calls for regulation of the acts of states, especially in times of<br />
war.<br />
The modern study of international law starts in the early 19th century, but its origins go<br />
back at least to the 16th century, and Alberico Gentili, Francisco de Vitoria and Hugo<br />
Grotius, the "fathers of international law." Several legal systems developed in Europe,<br />
including the codified systems of continental European states and English common law,<br />
based on decisions by judges and not by written codes. Other areas developed differing<br />
legal systems, with the Chinese legal tradition dating back more than four thousand<br />
years, although at the end of the 19th century, there was still no written code for civil<br />
proceedings.<br />
One of the first instruments of modern international law was the Lieber Code, passed in<br />
1863 by the Congress of the United States, to govern the conduct of US forces during<br />
the United States Civil War and considered to be the first written recitation of the rules<br />
and articles of war, adhered to by all civilised nations, the precursor of international law.<br />
This led to the first prosecution for war crimes—in the case of United States prisoners of<br />
war held in cruel and depraved conditions at Andersonville, Georgia, in which the<br />
Confederate commandant of that camp was tried and hanged, the only Confederate<br />
soldier to be punished by death in the aftermath of the entire Civil War.<br />
In the years that followed, other states subscribed to limitations of their conduct, and<br />
numerous other treaties and bodies were created to regulate the conduct of states<br />
towards one another in terms of these treaties, including, but not limited to, the<br />
Permanent Court of Arbitration in 1899; the Hague and Geneva Conventions, the first of<br />
which was passed in 1864; the <strong>International</strong> Court of <strong>Justice</strong> in 1921; the Genocide<br />
Convention; and the <strong>International</strong> Criminal Court, in the late 1990s. Because<br />
international law is a relatively new area of law its development and propriety in<br />
applicable areas are often subject to dispute.<br />
<strong>International</strong> Relations<br />
Under article 38 of the Statute of the <strong>International</strong> Court of <strong>Justice</strong>, international law has<br />
three principal sources: international treaties, custom, and general principles of law. In<br />
addition, judicial decisions and teachings may be applied as "subsidiary means for the<br />
determination of rules of law".<br />
<strong>International</strong> treaty law comprises obligations states expressly and voluntarily accept<br />
between themselves in treaties. Customary international law is derived from the<br />
consistent practice of States accompanied by opinio juris, i.e. the conviction of States<br />
that the consistent practice is required by a legal obligation. Judgments of international<br />
tribunals as well as scholarly works have traditionally been looked to as persuasive<br />
sources for custom in addition to direct evidence of state behavior. Attempts to codify<br />
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customary international law picked up momentum after the Second World War with the<br />
formation of the <strong>International</strong> <strong>Law</strong> Commission (ILC), under the aegis of the United<br />
Nations. Codified customary law is made the binding interpretation of the underlying<br />
custom by agreement through treaty. For states not party to such treaties, the work of<br />
the ILC may still be accepted as custom applying to those states. General principles of<br />
law are those commonly recognized by the major legal systems of the world. Certain<br />
norms of international law achieve the binding force of peremptory norms (jus cogens)<br />
as to include all states with no permissible derogations.<br />
<br />
<br />
Colombia v Perú [1950] ICJ 6, recognising custom as a source of international<br />
law, but a practice of giving asylum was not part of it.<br />
Belgium v Spain [1970] ICJ 1, only the state where a corporation is incorporated<br />
(not where its major shareholders reside) has standing to bring an action for<br />
damages for economic loss.<br />
<strong>International</strong> law is sourced from decision makers and researchers looking to verify the<br />
substantive legal rule governing a legal dispute or academic discourse. The sources of<br />
international law applied by the community of nations to find the content of international<br />
law are listed under Article 38.1 of the Statute of the <strong>International</strong> Court of <strong>Justice</strong>:<br />
Treaties, customs, and general principles are stated as the three primary sources; and<br />
judicial decisions and scholarly writings are expressly designated as the subsidiary<br />
sources of international law. Many scholars agree that the fact that the sources are<br />
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arranged sequentially in the Article 38 of the ICJ Statute suggests an implicit hierarchy<br />
of sources. However, there is no concrete evidence, in the decisions of the international<br />
courts and tribunals, to support such strict hierarchy, at least when it is about choosing<br />
international customs and treaties. In addition, unlike the Article 21 of the Rome Statute<br />
of the <strong>International</strong> Criminal Court, which clearly defines hierarchy of applicable law (or<br />
sources of international law), the language of the Article 38 do not explicitly support<br />
hierarchy of sources.<br />
The sources have been influenced by a range of political and legal theories. During the<br />
20th century, it was recognized by legal positivists that a sovereign state could limit its<br />
authority to act by consenting to an agreement according to the principle pacta sunt<br />
servanda. This consensual view of international law was reflected in the 1920 Statute of<br />
the Permanent Court of <strong>International</strong> <strong>Justice</strong>, which was succeeded by the United<br />
Nations Charter and is preserved in the United Nations Article 7 of the 1946 Statute of<br />
the <strong>International</strong> Court of <strong>Justice</strong>.<br />
Treaties<br />
Where there are disputes about the exact meaning and application of national laws, it is<br />
the responsibility of the courts to decide what the law means. In international law<br />
interpretation is within the domain of the protagonists, but may also be conferred on<br />
judicial bodies such as the <strong>International</strong> Court of <strong>Justice</strong>, by the terms of the treaties or<br />
by consent of the parties. It is generally the responsibility of states to interpret the law<br />
for themselves, but the processes of diplomacy and availability of supra-national judicial<br />
organs operate routinely to provide assistance to that end. Insofar as treaties are<br />
concerned, the Vienna Convention on the <strong>Law</strong> of Treaties writes on the topic of<br />
interpretation that:<br />
"A treaty shall be interpreted in good faith in accordance with the ordinary meaning to<br />
be given to the terms of the treaty in their context and in the light of its object and<br />
purpose." (article 31(1))<br />
This is actually a compromise between three different theories of interpretation:<br />
<br />
<br />
<br />
The textual approach, a restrictive interpretation, which bases itself on the<br />
"ordinary meaning" of the text; that approach assigns considerable weight to the<br />
actual text.<br />
The subjective approach, which takes into consideration i. the idea behind the<br />
treaty, ii. treaties "in their context", and iii. what the writers intended when they<br />
wrote the text.<br />
A third approach, which bases itself on interpretation "in the light of its object and<br />
purpose", i.e. the interpretation that best suits the goal of the treaty, also called<br />
"effective interpretation".<br />
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These are general rules of interpretation; specific rules might exist in specific areas of<br />
international law.<br />
<br />
<br />
Greece v United Kingdom [1952] ICJ 1, ICJ had no jurisdiction to hear a dispute<br />
between the UK government and a private Greek businessman under the terms<br />
of a treaty.<br />
United Kingdom v Iran [1952] ICJ 2, the ICJ did not have jurisdiction for a dispute<br />
over the Anglo-Iranian Oil Co. being nationalised.<br />
Oil Platforms case (Islamic Republic of Iran v United States of America) [2003]<br />
ICJ 4, rejected dispute over damage to ships which hit a mine.<br />
Statehood and Responsibility<br />
<strong>International</strong> law establishes the framework and the criteria for identifying states as the<br />
principal actors in the international legal system. As the existence of a state<br />
presupposes control and jurisdiction over territory, international law deals with the<br />
acquisition of territory, state immunity and the legal responsibility of states in their<br />
Page 21 of 198
conduct with each other. <strong>International</strong> law is similarly concerned with the treatment of<br />
individuals within state boundaries. There is thus a comprehensive regime dealing with<br />
group rights, the treatment of aliens, the rights of refugees, international crimes,<br />
nationality problems, and human rights generally. It further includes the important<br />
functions of the maintenance of international peace and security, arms control, the<br />
pacific settlement of disputes and the regulation of the use of force in international<br />
relations. Even when the law is not able to stop the outbreak of war, it has developed<br />
principles to govern the conduct of hostilities and the treatment of prisoners.<br />
<strong>International</strong> law is also used to govern issues relating to the global environment, the<br />
global commons such as international waters and outer space, global communications,<br />
and world trade.<br />
In theory all states are sovereign and equal. As a result of the notion of sovereignty, the<br />
value and authority of international law is dependent upon the voluntary participation of<br />
states in its formulation, observance, and enforcement. Although there may be<br />
exceptions, it is thought by many international academics that most states enter into<br />
legal commitments with other states out of enlightened self-interest rather than<br />
adherence to a body of law that is higher than their own. As D. W. Greig notes,<br />
"international law cannot exist in isolation from the political factors operating in the<br />
sphere of international relations".<br />
Traditionally, sovereign states and the Holy See were the sole subjects of international<br />
law. With the proliferation of international organizations over the last century, they have<br />
in some cases been recognized as relevant parties as well. Recent interpretations of<br />
international human rights law, international humanitarian law, and international trade<br />
law (e.g., North American Free Trade Agreement (NAFTA) Chapter 11 actions) have<br />
been inclusive of corporations, and even of certain individuals.<br />
The conflict between international law and national sovereignty is subject to vigorous<br />
debate and dispute in academia, diplomacy, and politics. Certainly, there is a growing<br />
trend toward judging a state's domestic actions in the light of international law and<br />
standards. Numerous people now view the nation-state as the primary unit of<br />
international affairs, and believe that only states may choose to voluntarily enter into<br />
commitments under international law, and that they have the right to follow their own<br />
counsel when it comes to interpretation of their commitments. Certain scholars and<br />
political leaders feel that these modern developments endanger nation states by taking<br />
power away from state governments and ceding it to international bodies such as the<br />
U.N. and the World Bank, argue that international law has evolved to a point where it<br />
exists separately from the mere consent of states, and discern a legislative and judicial<br />
process to international law that parallels such processes within domestic law. This<br />
especially occurs when states violate or deviate from the expected standards of conduct<br />
adhered to by all civilized nations.<br />
A number of states place emphasis on the principle of territorial sovereignty, thus<br />
seeing states as having free rein over their internal affairs. Other states oppose this<br />
view. One group of opponents of this point of view, including many European nations,<br />
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maintain that all civilized nations have certain norms of conduct expected of them,<br />
including the prohibition of genocide, slavery and the slave trade, wars of aggression,<br />
torture, and piracy, and that violation of these universal norms represents a crime, not<br />
only against the individual victims, but against humanity as a whole. States and<br />
individuals who subscribe to this view opine that, in the case of the individual<br />
responsible for violation of international law, he "is become, like the pirate and the slave<br />
trader before him, hostis humani generis, an enemy of all mankind", and thus subject to<br />
prosecution in a fair trial before any fundamentally just tribunal, through the exercise of<br />
universal jurisdiction.<br />
Though the European democracies tend to support broad, universalistic interpretations<br />
of international law, many other democracies have differing views on international law.<br />
Several democracies, including India, Israel and the United States, take a flexible,<br />
eclectic approach, recognizing aspects of international law such as territorial rights as<br />
universal, regarding other aspects as arising from treaty or custom, and viewing certain<br />
aspects as not being subjects of international law at all. Democracies in the developing<br />
world, due to their past colonial histories, often insist on non-interference in their internal<br />
affairs, particularly regarding human rights standards or their peculiar institutions, but<br />
often strongly support international law at the bilateral and multilateral levels, such as in<br />
the United Nations, and especially regarding the use of force, disarmament obligations,<br />
and the terms of the UN Charter.<br />
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Case Concerning United States Diplomatic and Consular Staff in Tehran [1980]<br />
ICJ 1<br />
Democratic Republic of the Congo v Belgium [2002] ICJ 1<br />
Territory and The Sea<br />
Territorial dispute<br />
Libya v Chad [1994] ICJ 1<br />
United Kingdom v Norway [1951] ICJ 3, the Fisheries case, concerning the limits<br />
of Norway's jurisdiction over neighbouring waters<br />
Peru v Chile (2014) dispute over international waters.<br />
Bakassi case [2002] ICJ 2, between Nigeria and Cameroon<br />
Burkina Faso-Niger frontier dispute case (2013)<br />
United Nations Convention on the <strong>Law</strong> of the Sea<br />
Corfu Channel Case [1949] ICJ 1, UK sues Albania for damage to ships in<br />
international waters. First ICJ decision.<br />
France v United Kingdom [1953] ICJ 3<br />
Germany v Denmark and the Netherlands [1969] ICJ 1, successful claim for a<br />
greater share of the North Sea continental shelf by Germany. The ICJ held that<br />
the matter ought to be settled, not according to strict legal rules, but through<br />
applying equitable principles.<br />
Case concerning maritime delimitation in the Black Sea (Romania v Ukraine)<br />
[2009] ICJ 3<br />
<strong>International</strong> Organizations<br />
<br />
<br />
<br />
<br />
<br />
<br />
United Nations<br />
World Trade Organisation<br />
<strong>International</strong> Labour Organisation<br />
NATO<br />
European Union<br />
G7 and G20<br />
Social and Economic Policy<br />
Netherlands v Sweden [1958] ICJ 8, Sweden had jurisdiction over its<br />
guardianship policy, meaning that its laws overrode a conflicting guardianship<br />
order of the Netherlands.<br />
Liechtenstein v Guatemala [1955] ICJ 1, the recognition of Mr Nottebohm's<br />
nationality, connected to diplomatic protection.<br />
Italy v France, United Kingdom and United States [1954] ICJ 2<br />
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Human Rights<br />
Universal Declaration of Human Rights<br />
Croatia–Serbia genocide case (2014) ongoing claims over genocide.<br />
Bosnia and Herzegovina v Serbia and Montenegro [2007] ICJ 2<br />
Case Concerning Barcelona Traction, Light, and Power Company, Ltd [1970] ICJ<br />
1<br />
Labor <strong>Law</strong><br />
<strong>International</strong> Labour<br />
Organization<br />
ILO Conventions<br />
Declaration of<br />
Philadelphia of 1944<br />
Declaration on<br />
Fundamental<br />
Principles and Rights<br />
at Work of 1998<br />
United Nations<br />
Convention on the<br />
Protection of the<br />
Rights of All Migrant<br />
Workers and<br />
Members of Their<br />
Families<br />
the Convention on the Elimination of All Forms of Racial Discrimination 1965<br />
Convention on the Elimination of All Forms of Discrimination Against Women<br />
1981);<br />
the Convention on the Rights of Persons with Disabilities 2008<br />
Development and Finance<br />
<br />
<br />
<br />
Bretton Woods Conference<br />
World Bank<br />
<strong>International</strong> Monetary Fund<br />
Environmental <strong>Law</strong><br />
<br />
Kyoto Protocol<br />
Trade<br />
<br />
World Trade Organization<br />
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Conflict and Force<br />
War and Armed Conflict<br />
Nicaragua v. United States [1986] ICJ 1<br />
<strong>International</strong> Court of <strong>Justice</strong> advisory opinion on the Legality of the Threat or<br />
Use of Nuclear Weapons<br />
Humanitarian <strong>Law</strong><br />
<br />
<br />
<br />
<br />
First Geneva Convention of 1949, Amelioration of the Condition of the Wounded<br />
and Sick in Armed Forces in the Field, (first adopted in 1864)<br />
Second Geneva Convention of 1949, Amelioration of the Condition of Wounded,<br />
Sick and Shipwrecked Members of Armed Forces at Sea (first adopted in 1906)<br />
Third Geneva Convention of 1949, Treatment of Prisoners of War, adopted in<br />
1929, following from the Hague Conventions of 1899 and 1907.<br />
Fourth Geneva Convention of 1949, Protection of Civilian Persons in Time of<br />
War.<br />
<strong>International</strong> Criminal <strong>Law</strong><br />
<br />
<br />
<strong>International</strong> Criminal Tribunal for Rwanda<br />
<strong>International</strong> Criminal Tribunal for the Former Yugoslavia<br />
Courts and Enforcement<br />
It is probably the case that almost all nations observe almost all principles of<br />
international law and almost all of their obligations almost all the time.<br />
— Louis Henkin<br />
Since international law has no established compulsory judicial system for the settlement<br />
of disputes or a coercive penal system, it is not as straightforward as managing<br />
breaches within a domestic legal system. However, there are means by which breaches<br />
are brought to the attention of the international community and some means for<br />
resolution. For example, there are judicial or quasi-judicial tribunals in international law<br />
in certain areas such as trade and human rights. The formation of the United Nations,<br />
for example, created a means for the world community to enforce international law upon<br />
members that violate its charter through the Security Council.<br />
Since international law exists in a legal environment without an overarching "sovereign"<br />
(i.e., an external power able and willing to compel compliance with international norms),<br />
"enforcement" of international law is very different from in the domestic context. In many<br />
cases, enforcement takes on Coasian characteristics, where the norm is self-enforcing.<br />
In other cases, defection from the norm can pose a real risk, particularly if the<br />
international environment is changing. When this happens, and if enough states (or<br />
enough powerful states) continually ignore a particular aspect of international law, the<br />
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norm may actually change according to concepts of customary international law. For<br />
example, prior to World War I, unrestricted submarine warfare was considered a<br />
violation of international law and ostensibly the casus belli for the United States'<br />
declaration of war against Germany. By World War II, however, the practice was so<br />
widespread that during the Nuremberg trials, the charges against German Admiral Karl<br />
Dönitz for ordering unrestricted submarine warfare were dropped, notwithstanding that<br />
the activity constituted a clear violation of the Second London Naval Treaty of 1936.<br />
Domestic Enforcement<br />
Apart from a state's natural inclination to uphold certain norms, the force of international<br />
law comes from the pressure that states put upon one another to behave consistently<br />
and to honor their obligations. As with any system of law, many violations of<br />
international law obligations are overlooked. If addressed, it may be through diplomacy<br />
and the consequences upon an offending state's reputation, submission to international<br />
judicial determination, arbitration, sanctions or force including war. Though violations<br />
may be common in fact, states try to avoid the appearance of having disregarded<br />
international obligations. States may also unilaterally adopt sanctions against one<br />
another such as the severance of economic or diplomatic ties, or through reciprocal<br />
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action. In some cases, domestic courts may render judgment against a foreign state<br />
(the realm of private international law) for an injury, though this is a complicated area of<br />
law where international law intersects with domestic law.<br />
It is implicit in the Westphalian system of nation-states, and explicitly recognized under<br />
Article 51 of the Charter of the United Nations, that all states have the inherent right to<br />
individual and collective self-defense if an armed attack occurs against them. Article 51<br />
of the UN Charter guarantees the right of states to defend themselves until (and unless)<br />
the Security Council takes measures to keep the peace.<br />
<strong>International</strong> Bodies<br />
Violations of the UN Charter by members of the United Nations may be raised by the<br />
aggrieved state in the General Assembly for debate. The General Assembly cannot<br />
make binding resolutions, only 'recommendations', but through its adoption of the<br />
"Uniting for Peace" resolution (A/RES/377 A), of 3 November 1950, the Assembly<br />
declared that it has the power to authorize the use of force, under the terms of the UN<br />
Charter, in cases of breaches of the peace or acts of aggression, provided that the<br />
Security Council, owing to the negative vote of a permanent member, fails to act to<br />
address the situation. The Assembly also declared, by its adoption of resolution 377 A,<br />
that it could call for other collective measures—such as economic and diplomatic<br />
sanctions—in situations constituting the milder "threat to the Peace".<br />
The Uniting for Peace resolution was initiated by the United States in 1950, shortly after<br />
the outbreak of the Korean War, as a means of circumventing possible future Soviet<br />
vetoes in the Security Council. The legal significance of the resolution is unclear, given<br />
that the General Assembly cannot issue binding resolutions. However, it was never<br />
argued by the "Joint Seven-Powers" that put forward the draft resolution, during the<br />
corresponding discussions, that it in any way afforded the Assembly new powers.<br />
Instead, they argued that the resolution simply declared what the Assembly's powers<br />
already were, according to the UN Charter, in the case of a dead-locked Security<br />
Council. The Soviet Union was the only permanent member of the Security Council to<br />
vote against the Charter interpretations that were made law by the Assembly's adoption<br />
of resolution 377 A.<br />
Alleged violations of the Charter can also be raised by states in the Security Council.<br />
The Security Council could subsequently pass resolutions under Chapter VI of the UN<br />
Charter to recommend the "Pacific Resolution of Disputes." Such resolutions are not<br />
binding under international law, though they usually are expressive of the Council's<br />
convictions. In rare cases, the Security Council can adopt resolutions under Chapter VII<br />
of the UN Charter, related to "threats to Peace, Breaches of the Peace and Acts of<br />
Aggression," which are legally binding under international law, and can be followed up<br />
with economic sanctions, military action, and similar uses of force through the auspices<br />
of the United Nations.<br />
It has been argued that resolutions passed outside of Chapter VII can also be binding;<br />
the legal basis for that is the Council's broad powers under Article 24(2), which states<br />
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that "in discharging these duties (exercise of primary responsibility in international<br />
peace and security), it shall act in accordance with the Purposes and Principles of the<br />
United Nations". The mandatory nature of such resolutions was upheld by the<br />
<strong>International</strong> Court of <strong>Justice</strong> (ICJ) in its advisory opinion on Namibia. The binding<br />
nature of such resolutions can be deduced from an interpretation of their language and<br />
intent.<br />
States can also, upon mutual consent, submit disputes for arbitration by the<br />
<strong>International</strong> Court of <strong>Justice</strong>, located in The Hague, Netherlands. The judgments given<br />
by the Court in these cases are binding, although it possesses no means to enforce its<br />
rulings. The Court may give an advisory opinion on any legal question at the request of<br />
whatever body may be authorized by or in accordance with the Charter of the United<br />
Nations to make such a request. Some of the advisory cases brought before the court<br />
have been controversial with respect to the court's competence and jurisdiction.<br />
Often enormously complicated matters, ICJ cases (of which there have been less than<br />
150 since the court was created from the Permanent Court of <strong>International</strong> <strong>Justice</strong> in<br />
1945) can stretch on for years and generally involve thousands of pages of pleadings,<br />
evidence, and the world's leading specialist international lawyers. As of June 2009,<br />
there are 15 cases pending at the ICJ. Decisions made through other means of<br />
arbitration may be binding or non-binding depending on the nature of the arbitration<br />
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agreement, whereas decisions resulting from contentious cases argued before the ICJ<br />
are always binding on the involved states.<br />
Though states (or increasingly, international organizations) are usually the only ones<br />
with standing to address a violation of international law, some treaties, such as the<br />
<strong>International</strong> Covenant on Civil and Political Rights have an optional protocol that allows<br />
individuals who have had their rights violated by member states to petition the<br />
international Human Rights Committee. Investment treaties commonly and routinely<br />
provide for enforcement by individuals or investing entities. and commercial agreements<br />
of foreigners with sovereign governments may be enforced on the international plane.<br />
<strong>International</strong> Courts<br />
There are numerous international bodies created by treaties adjudicating on legal<br />
issues where they may have jurisdiction. The only one claiming universal jurisdiction is<br />
the United Nations Security Council. Others are: the United Nations <strong>International</strong> Court<br />
of <strong>Justice</strong>, and the <strong>International</strong> Criminal Court (when national systems have totally<br />
failed and the Treaty of Rome is applicable) and the Court of Arbitration for Sport.<br />
East Africa Community<br />
There were ambitions to make the East African Community, consisting of Kenya,<br />
Tanzania, Uganda, Burundi and Rwanda, a political federation with its own form of<br />
binding supranational law, but this effort has not materialized.<br />
Union of South American Nations<br />
The Union of South American Nations serves the South American continent. It intends<br />
to establish a framework akin to the European Union by the end of 2019. It is envisaged<br />
to have its own passport and currency, and limit barriers to trade.<br />
Andean Community of Nations<br />
The Andean Community of Nations is the first attempt to integrate the countries of the<br />
Andes Mountains in South America. It started with the Cartagena Agreement of 26 May<br />
1969, and consists of four countries: Bolivia, Colombia, Ecuador and Peru. The Andean<br />
Community follows supranational laws, called Agreements, which are mandatory for<br />
these countries.<br />
<strong>International</strong> Legal Theory<br />
<strong>International</strong> legal theory comprises a variety of theoretical and methodological<br />
approaches used to explain and analyze the content, formation and effectiveness of<br />
international law and institutions and to suggest improvements. Some approaches<br />
center on the question of compliance: why states follow international norms in the<br />
absence of a coercive power that ensures compliance. Other approaches focus on the<br />
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problem of the formation of international rules: why states voluntarily adopt international<br />
law norms, that limit their freedom of action, in the absence of a world legislature; while<br />
other perspectives are policy oriented: they elaborate theoretical frameworks and<br />
instruments to criticize the existing norms and to make suggestions on how to improve<br />
them. Some of these approaches are based on domestic legal theory, some are<br />
interdisciplinary, and others have been developed expressly to analyze international<br />
law. Classical approaches to <strong>International</strong> legal theory are the Natural law, the Eclectic<br />
and the Legal positivism schools of thought.<br />
The natural law approach argues that<br />
international norms should be based on<br />
axiomatic truths. 16th-century natural law<br />
writer, Francisco de Vitoria, a professor of<br />
theology at the University of Salamanca,<br />
examined the questions of the just war, the<br />
Spanish authority in the Americas, and the<br />
rights of the Native American peoples.<br />
In 1625 Hugo Grotius argued that nations<br />
as well as persons ought to be governed by<br />
universal principle based on morality and<br />
divine justice while the relations among<br />
polities ought to be governed by the law of<br />
peoples, the jus gentium, established by the<br />
consent of the community of nations on the<br />
basis of the principle of pacta sunt<br />
servanda, that is, on the basis of the observance of commitments. On his part,<br />
Emmerich de Vattel argued instead for the equality of states as articulated by 18thcentury<br />
natural law and suggested that the law of nations was composed of custom and<br />
law on the one hand, and natural law on the other. During the 17th century, the basic<br />
tenets of the Grotian or eclectic school, especially the doctrines of legal equality,<br />
territorial sovereignty, and independence of states, became the fundamental principles<br />
of the European political and legal system and were enshrined in the 1648 Peace of<br />
Westphalia.<br />
The early positivist school emphasized the importance of custom and treaties as<br />
sources of international law. 16th-century Alberico Gentili used historical examples to<br />
posit that positive law (jus voluntarium) was determined by general consent. Cornelius<br />
van Bynkershoek asserted that the bases of international law were customs and treaties<br />
commonly consented to by various states, while John Jacob Moser emphasized the<br />
importance of state practice in international law. The positivism school narrowed the<br />
range of international practice that might qualify as law, favouring rationality over<br />
morality and ethics. The 1815 Congress of Vienna marked the formal recognition of the<br />
political and international legal system based on the conditions of Europe.<br />
Modern legal positivists consider international law as a unified system of rules that<br />
emanates from the states' will. <strong>International</strong> law, as it is, is an "objective" reality that<br />
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needs to be distinguished from law "as it should be." Classic positivism demands<br />
rigorous tests for legal validity and it deems irrelevant all extralegal arguments.<br />
Terminology<br />
The term "international law" is sometimes divided into "public" and "private" international<br />
law, particularly by civil law scholars, who seek to follow a Roman tradition. Roman<br />
lawyers would have further distinguished jus gentium, the law of nations, and jus inter<br />
gentes – agreements between nations. On this view, "public" international law is said to<br />
cover relations between nation-states, and includes fields such as treaty law, law of sea,<br />
international criminal law, the laws of war or international humanitarian law, international<br />
human rights law, and refugee law. By contrast "private" international law, which is more<br />
commonly termed "conflict of laws", concerns whether courts within countries claim<br />
jurisdiction over cases with a foreign element, and which country's law applies. A further<br />
concept, more recently developing, is of "supranational law", on the law of supranational<br />
organizations. This concerns regional agreements where the laws of nation states may<br />
be held inapplicable when conflicting with a supranational legal system when that nation<br />
has a treaty obligation to a supranational collective. Systems of "supranational law"<br />
arise when nations explicitly cede their right to make certain judicial decisions to a<br />
common tribunal. The decisions of the common tribunal are directly effective in each<br />
party nation, and have priority over decisions taken by national courts. The European<br />
Union is an example of an international treaty organization which implements a<br />
supranational legal framework, with the European Court of <strong>Justice</strong> having supremacy<br />
over all member-nation courts in matter of European Union law. A further frequently<br />
used term is "transnational law", which refers to a body of rules that transcend the<br />
nation state.<br />
Criticisms<br />
Nation states observe the principle of 'Par in parem non habet imperium', (Between<br />
equals there is no sovereign power). John Austin therefore asserted that 'so-called'<br />
international law, lacking a sovereign power and so unenforceable, was not really law at<br />
all, but 'positive morality', consisting of 'opinions and sentiments...more ethical than<br />
legal in nature.'<br />
Article 2 (1) of the UN Charter confirms this Sovereignty of Nations; no state is in<br />
subjection to any other state.<br />
Also, since the bulk of international law is treaty law, binding only on signatories, then;<br />
'If legislation is the making of laws by a person or assembly binding on the whole<br />
community , there is no such thing as international law. For treaties bind only those who<br />
sign them.'<br />
Since states are few in number, diverse and atypical in character, unindictable, lacking<br />
a centralised sovereign power, and their agreements unpoliced and decentralised, then,<br />
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says Wight, 'international society is not a society at all. The condition of international<br />
relations is best described as international anarchy;<br />
'While in domestic politics the struggle for power is governed and circumscribed by law,<br />
in international politics, law is governed and circumscribed by the struggle for power.<br />
(This is why) international politics is called power politics... War is the only means by<br />
which states can in the last resort defend vital interests...the causes of war are inherent<br />
in power politics.'<br />
On the subject of treaty law, Charles de Gaulle said<br />
this; 'Treaties are like pretty girls, or roses; they last<br />
only as long as they last.'<br />
For Hans Morgenthau, international law is the<br />
weakest and most primitive system of law<br />
enforcement. Its decentralized nature makes it<br />
similar to the law that prevails in preliterate tribal<br />
societies. A Monopoly on violence is what makes<br />
domestic law enforceable; but between nations,<br />
there are multiple competing sources of force. The<br />
confusion created by treaty laws, which resemble<br />
private contracts between persons, is mitigated only<br />
by the relatively small number of states. On the vital<br />
subject of war, it is unclear whether the Nuremberg<br />
trials created new law, or applied the existing law of<br />
the Kellogg-Briand pact.<br />
Morgenthau asserts that no state may be compelled<br />
to submit a dispute to an international tribunal, making laws unenforceable and<br />
voluntary. <strong>International</strong> law is also unpoliced, lacking agencies for enforcement. He cites<br />
a 1947 US opinion poll in which 75% of respondents wanted 'an international police to<br />
maintain world peace'; but only 13% wanted that force to exceed the US armed forces.<br />
Later surveys have produced similar contradictory results.<br />
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Page 34 of 198
II. Comparative <strong>Law</strong><br />
and The World <strong>Justice</strong> Project<br />
Comparative <strong>Law</strong> is the study of differences and similarities between the law (Legal<br />
Systems) of different countries. More specifically, it involves the study of the different<br />
legal "systems" (or "families") in existence in the world, including the common law, the<br />
civil law, socialist law, Canon law, Jewish <strong>Law</strong>, Islamic law, Hindu law, and Chinese law.<br />
It includes the description and analysis of foreign legal systems, even where no explicit<br />
comparison is undertaken. The importance of comparative law has increased<br />
enormously in the present age of internationalism, economic globalization, and<br />
democratization.<br />
History<br />
The origins of modern Comparative <strong>Law</strong> can be traced back to Gottfried Wilhelm<br />
Leibniz in 1667 in his Latin-language book Nova Methodus Discendae Docendaeque<br />
Iurisprudentiae (New Methods of Studying and Teaching Jurisprudence). Chapter 7<br />
Page 35 of 198
(Presentation of <strong>Law</strong> as the Project for all Nations, Lands and Times) introduces the<br />
idea of classifying Legal Systems into several families. Noteworthy, a few years earlier,<br />
Leibnitz introduced an idea of Language families.<br />
Although every Legal System is unique, Comparative <strong>Law</strong> through studies of their<br />
similarities and differences allows for classification of Legal Systems, wherein <strong>Law</strong><br />
Families is the basic level of the classification. The main differences between <strong>Law</strong><br />
Families are found in the source(s) of <strong>Law</strong>, the role of court precedents, the origin and<br />
development of the Legal System. Montesquieu is generally regarded as an early<br />
founding figure of comparative law. His comparative approach is obvious in the<br />
following excerpt from Chapter III of Book I of his masterpiece, De l'esprit des lois<br />
(1748; first translated by Thomas Nugent, 1750):<br />
[T]he political and civil laws of each nation ... should be adapted in such a manner to the<br />
people for whom they are framed that it should be a great chance if those of one nation<br />
suit another.<br />
They should be in relation to the nature and principle of each government: whether they<br />
form it, as may be said of politic laws; or whether they support it, as in the case of civil<br />
institutions.<br />
They should be in relation to the climate of each country, to the quality of its soil, to its<br />
situation and extent, to the principal occupation of the natives, whether husbandmen,<br />
huntsmen, or shepherds: they should have relation to the degree of liberty which the<br />
constitution will bear; to the religion of the inhabitants, to their inclinations, riches,<br />
numbers, commerce, manners, and customs.<br />
Also, in Chapter XI (entitled 'How to compare two different Systems of <strong>Law</strong>s') of Book<br />
XXIX, discussing the French and English systems for punishment of false witnesses, he<br />
advises that "to determine which of those systems is most agreeable to reason, we<br />
must take them each as a whole and compare them in their entirety." Yet another place<br />
where Montesquieu's comparative approach is evident is the following, from Chapter<br />
XIII of Book XXIX:<br />
As the civil laws depend on the political institutions, because they are made for the<br />
same society, whenever there is a design of adopting the civil law of another nation, it<br />
would be proper to examine beforehand whether they have both the same institutions<br />
and the same political law.<br />
The modern founding figure of comparative and anthropological jurisprudence was Sir<br />
Henry Maine, a British jurist and legal historian. In his 1861 work Ancient <strong>Law</strong>: Its<br />
Connection with the Early History of Society, and Its Relation to Modern Ideas, he set<br />
out his views on the development of legal institutions in primitive societies and engaged<br />
in a comparative discussion of Eastern and Western legal traditions. This work placed<br />
comparative law in its historical context and was widely read and influential.<br />
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The first university course on the subject was established at the University of Oxford in<br />
1869, with Maine taking up the position of professor.<br />
Comparative law in the US was brought by a legal scholar fleeing persecution in<br />
Germany, Rudolf Schlesinger. Schlesinger eventually became professor of comparative<br />
law at Cornell <strong>Law</strong> School helping to spread the discipline throughout the US.<br />
Purpose<br />
Comparative law is an academic discipline that involves the study of legal systems,<br />
including their constitutive elements and how they differ, and how their elements<br />
combine into a system.<br />
Several disciplines have developed as separate branches of comparative law, including<br />
comparative constitutional law, comparative administrative law, comparative civil law (in<br />
the sense of the law of torts, delicts, contracts and obligations), comparative commercial<br />
law (in the sense of business organizations and trade), and comparative criminal law.<br />
Studies of these specific areas may be viewed as micro- or macro-comparative legal<br />
analysis, i.e. detailed comparisons of two countries, or broad-ranging studies of several<br />
countries. Comparative civil law studies, for instance, show how the law of private<br />
relations is organized, interpreted and used in different systems or countries. The<br />
purposes of comparative law are:<br />
<br />
<br />
<br />
To attain a deeper knowledge of the legal systems in effect<br />
To perfect the legal systems in effect<br />
Possibly, to contribute to a unification of legal systems, of a smaller or larger<br />
scale (cf. for instance, the UNIDROIT initiative)<br />
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Relationship with Other Legal Subjects<br />
Comparative law is different from the fields of general jurisprudence (legal theory),<br />
international law, including both public international law and private international law<br />
(also known as conflict of laws).<br />
Despite the differences between comparative law and these other legal fields,<br />
comparative law helps inform all of these areas of normativity. For example,<br />
comparative law can help international legal institutions, such as those of the United<br />
Nations System, in analyzing the laws of different countries regarding their treaty<br />
obligations. Comparative law would be applicable to private international law when<br />
developing an approach to interpretation in a conflicts analysis. Comparative law may<br />
contribute to legal theory by creating categories and concepts of general application.<br />
Comparative law may also provide insights into the question of legal transplants, i.e. the<br />
transplanting of law and legal institutions from one system to another. The notion of<br />
legal transplants was coined by Alan Watson, one of the world's renowned legal<br />
scholars specializing in comparative law.<br />
Also, the usefulness of comparative law for sociology of law and law and economics<br />
(and vice versa) is very large. The comparative study of the various legal systems may<br />
show how different legal regulations for the same problem function in practice.<br />
Conversely, sociology of law and law & economics may help comparative law answer<br />
questions, such as:<br />
<br />
<br />
<br />
How do regulations in different legal systems really function in the respective<br />
societies?<br />
Are legal rules comparable?<br />
How do the similarities and differences between legal systems get explained?<br />
Arminjon, Nolde, and Wolff<br />
Classifications of Legal Systems<br />
Arminjon, Nolde, and Wolff believed that, for purposes of classifying the (then)<br />
contemporary legal systems of the world, it was required that those systems per se get<br />
studied, irrespective of external factors, such as geographical ones. They proposed the<br />
classification of legal system into seven groups, or so-called 'families', in particular the<br />
<br />
French group, under which they also included the countries that codified their law<br />
either in 19th or in the first half of the 20th century, using the Napoleonic code<br />
civil of year 1804 as a model; this includes countries and jurisdictions such as<br />
Italy, Portugal, Spain, Romania, Louisiana, states of South America (such as<br />
Brazil), Quebec, Santa Lucia, the Ionian Islands, Egypt, and Lebanon<br />
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German group<br />
Scandinavian group (comprising the laws of Denmark, Norway, Sweden, Finland,<br />
and Iceland)<br />
<br />
<br />
<br />
<br />
English group (incl. England, the United States, Canada, Australia and New<br />
Zealand inter alia)<br />
Russian group<br />
Islamic group (used in the Muslim world)<br />
Hindu group<br />
David<br />
René David proposed the classification of legal systems, according to the different<br />
ideology inspiring each one, into five groups or families:<br />
<br />
Western <strong>Law</strong>s, a group subdivided into the:<br />
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o<br />
o<br />
Romano-Germanic subgroup (comprising those legal systems where legal<br />
science was formulated according to Roman <strong>Law</strong> – see also Civil law<br />
(legal system))<br />
Anglo-Saxon subgroup<br />
<br />
<br />
<br />
<br />
<br />
Soviet <strong>Law</strong><br />
Muslim <strong>Law</strong><br />
Hindu <strong>Law</strong><br />
Chinese <strong>Law</strong><br />
Jewish <strong>Law</strong><br />
Especially with respect to the aggregating by David of the Romano-Germanic and<br />
Anglo-Saxon <strong>Law</strong>s into a single family, David argued that the antithesis between the<br />
Anglo-Saxon <strong>Law</strong>s and Romano-German <strong>Law</strong>s, is of a technical rather than of an<br />
ideological nature. Of a different kind is, for instance, the antithesis between (say) the<br />
Italian and the American <strong>Law</strong>, and of a different kind that between the Soviet, Muslim,<br />
Hindu, or Chinese <strong>Law</strong>. According to David, the Romano-Germanic legal systems<br />
included those countries where legal science was formulated according to Roman <strong>Law</strong>,<br />
whereas common law countries are those where law was created from the judges. The<br />
characteristics that he believed uniquely differentiate the Western legal family from the<br />
other four are:<br />
<br />
<br />
<br />
Liberal Democracy<br />
Capitalist Economy<br />
Christian Religion<br />
Zweigert and Kötz<br />
Konrad Zweigert and Hein Kötz propose a different, multidimensional methodology for<br />
categorizing laws, i.e. for ordering families of laws. They maintain that, to determine<br />
such families, five criteria should be taken into account, in particular: the historical<br />
background, the characteristic way of thought, the different institutions, the recognized<br />
sources of law, and the dominant ideology. Using the aforementioned criteria, they<br />
classify the legal systems of the world into six families:<br />
<br />
<br />
<br />
<br />
<br />
<br />
Roman family<br />
German family<br />
Common law family<br />
Nordic family<br />
Family of the laws of the Far East (China, and Japan)<br />
Religious family (Jewish, Muslim, and Hindu law)<br />
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Up to the second German edition of their introduction to comparative law, Zweigert and<br />
Kötz also used to<br />
mention Soviet or socialist<br />
law as another family of<br />
laws.<br />
Professional<br />
Associations<br />
<br />
<br />
<br />
<br />
<br />
American Association of <strong>Law</strong> Libraries<br />
American Society of Comparative <strong>Law</strong><br />
<strong>International</strong> Association of Judicial Independence and World Peace<br />
<strong>International</strong> Association of Procedural <strong>Law</strong><br />
<strong>International</strong> <strong>Law</strong> Association<br />
Comparative <strong>Law</strong> Periodicals<br />
<br />
<br />
<br />
<br />
American Journal of Comparative <strong>Law</strong><br />
German <strong>Law</strong> Journal<br />
Journal of Comparative Legislation and <strong>International</strong> <strong>Law</strong><br />
The Journal of Comparative <strong>Law</strong><br />
________<br />
Page 41 of 198
The World <strong>Justice</strong> Project<br />
The World <strong>Justice</strong> Project (WJP) is an international civil society organization with the<br />
stated mission of "working to advance the rule of law around the world".<br />
The WJP works through three programs — Research and Scholarship, the WJP Rule of<br />
<strong>Law</strong> Index, and Engagement. WJP seeks to increase public awareness about the<br />
foundational importance of the rule of law, stimulate government reforms, and develop<br />
practical programs at the community level.<br />
It was founded by William H. Neukom in 2006 as a presidential initiative of the American<br />
Bar Association and with the support of 21 partners. The World <strong>Justice</strong> Project became<br />
an independent 501(c)(3) non-profit organization in 2009. Its offices are located in<br />
Washington, D.C., and Seattle, Washington, USA.<br />
WJP Definition of Rule of <strong>Law</strong><br />
The World <strong>Justice</strong> Project defines the rule of law system as one in which the following<br />
four universal principles are upheld:<br />
1. The government and its officials and agents are accountable under the law.<br />
2. The laws are clear, publicized, stable and fair, and protect fundamental rights,<br />
including the security of persons and property.<br />
3. The process by which the laws are enacted, administered, and enforced is<br />
accessible, efficient, and fair.<br />
4. <strong>Justice</strong> is delivered by competent, ethical, and independent representatives and<br />
neutrals who are of sufficient number, have adequate resources, and reflect the<br />
makeup of the communities they serve.<br />
Research and Scholarship<br />
The World <strong>Justice</strong> Project supports research that examines the contributions of the rule<br />
of law to aspects of economic, political, and social development.<br />
The scholarship program is pursuing a research agenda studying the effectiveness of<br />
the rule of law in domains of social life, the inter-dependencies among the institutional<br />
components of the rule of law, and the causal mechanisms by which the rule of law<br />
affects economic and political life.<br />
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WJP Rule of <strong>Law</strong> Index<br />
Countries by adherence to the Rule of <strong>Law</strong> according to the 2017–18 World <strong>Justice</strong><br />
Project report<br />
The World <strong>Justice</strong> Project Rule of <strong>Law</strong> Index is an quantitative assessment tool<br />
designed to offer a detailed and comprehensive picture of the extent to which countries<br />
adhere to the rule of law in practice. The Index provides data on eight dimensions of the<br />
rule of law: limited government powers; absence of corruption; order and security;<br />
fundamental rights; open government; regulatory enforcement; civil justice; and criminal<br />
justice. These factors are further disaggregated into forty-four indicators. Together, they<br />
provide a comprehensive picture of rule of law compliance. The index is typically<br />
published annually.<br />
The Index rankings and scores are built from over 400 variables drawn from two new<br />
data sources: (i) a general population poll (GPP), designed by the WJP and conducted<br />
by leading local polling companies using a probability sample of 1,000 respondents in<br />
the three largest cities of each country; and (ii) a qualified respondents’ questionnaire<br />
(QRQ) completed by in-country experts in civil and commercial law, criminal law, labor<br />
law, and public health. To date, over 97,000 people and 2,500 experts have been<br />
interviewed in 99 countries and jurisdictions. Adherence to the rule of law is assessed<br />
using 47 indicators organized around eight themes: constraints on government powers,<br />
absence of corruption, open government, fundamental rights, order and security,<br />
regulatory enforcement, civil justice, and criminal justice. In addition to country scores<br />
and rankings, the Index also includes key global findings as well as an analysis of<br />
Page 43 of 198
egional strengths, rule of law challenges, best and worst performers, and trends to<br />
watch.<br />
WJP Rule of <strong>Law</strong> Index 2017–18<br />
The World <strong>Justice</strong> Project's most recent index offers a detailed and comprehensive<br />
picture of the extent to which 113 countries and jurisdictions around the world adhere to<br />
the rule of law. The list below shows the top 30 countries/territories and the full rankings<br />
are available for download on the WJP website.<br />
Denmark Norway Finland Sweden Netherlands<br />
Germany New Zealand Austria Canada Australia<br />
United Kingdom Estonia Singapore Japan<br />
Belgium Hong Kong Czech Republic France United<br />
States<br />
South Korea Portugal Uruguay Spain Costa Rica<br />
Poland Slovenia Chile Saint Kitts and Nevis Romania<br />
Barbados<br />
In its analysis, countries are typically grouped with those that are geographically and<br />
economically similar, so "Somalia isn't compared to Sweden". According to the analysis,<br />
Scandinavia is home to the most successful "rule of law" countries. While the United<br />
States scores well on limiting civil conflict, protecting the right to petition the government<br />
and freedom of speech, it does not do well on measures of its criminal justice system.<br />
WJP Rule of <strong>Law</strong> Index 2016<br />
The list below shows the top 30 countries/territories in the 2016 report.<br />
Denmark Norway Finland Sweden Netherlands<br />
Germany Austria New Zealand Singapore<br />
United Kingdom Australia Canada Belgium Estonia<br />
Japan Hong Kong Czech Republic United States<br />
South Korea Uruguay France Poland Portugal<br />
Spain Costa Rica Chile Slovenia Barbados<br />
Page 44 of 198
Antigua and Barbuda<br />
Saint Kitts and Nevis<br />
Engagement<br />
Since its founding in 2006, the WJP has helped give people in countries around the<br />
world greater understanding of the rule of law and with it, greater opportunities in nearly<br />
every part of their lives – from education, to health care, to property rights to fair and<br />
peaceful resolution of disputes. The WJP’s Engagement initiatives strive to make rule of<br />
law advancement as fundamental to the thinking and work of other professionals as it is<br />
to lawyers and judges.<br />
World <strong>Justice</strong> Challenge<br />
The World <strong>Justice</strong> Challenge is an open competition designed to incubate practical, onthe-ground<br />
programs that advance the rule of law. Selected programs will be supported<br />
by:<br />
Modest seed grants — the typical size of a seed grant is $15,000 to $25,000<br />
Connections to others in the WJP’s global network<br />
Increased visibility through media and communications support<br />
World <strong>Justice</strong> Forum<br />
The World <strong>Justice</strong> Forum is the world’s largest global multidisciplinary platform<br />
dedicated to advancing the rule of law. It is a global gathering at which prominent<br />
leaders from all parts of the world and a variety of disciplines come together to articulate<br />
how the rule of law affects their disciplines and regions and to develop collaborative<br />
actions to strengthen the rule of law.<br />
Since 2007, the WJP has held four World <strong>Justice</strong> Forums. The inaugural World <strong>Justice</strong><br />
Forum was held in Vienna, Austria, on July 2–5, 2008. The World <strong>Justice</strong> Forum II took<br />
place on November 11–14, 2009, also in Vienna, Austria. The World <strong>Justice</strong> Forum III<br />
was held on June 20–23, 2011, in Barcelona, Spain. The World <strong>Justice</strong> Forum IV took<br />
place on July 8–11, 2013, in The Hague, Netherlands.<br />
Country-level workshops<br />
The World <strong>Justice</strong> Project convened a small taskforce of Tunisian leaders from<br />
business, government and civil society in Tunis, Tunisia, on May 28, 2012, to assess<br />
rule of law opportunities and challenges facing Tunisia during the ongoing reform<br />
process. The WJP worked closely with the World Federation of Engineering<br />
Organizations (WFEO), the Arab Center for the Rule of <strong>Law</strong> and Integrity (ACRLI), and<br />
the Hague Institute for the <strong>International</strong>isation of <strong>Law</strong> (HiiL) in the planning and<br />
execution of the Tunisia workshop. It produced a detailed report on the rule of law<br />
situation in Tunisia based on data from its Rule of <strong>Law</strong> Index. The WJP is also<br />
Page 45 of 198
considering organizing additional workshops in the future for countries undergoing<br />
transition.<br />
U.S. Multidisciplinary Workshops<br />
The WJP supports multidisciplinary workshops aimed at strengthening the rule of law in<br />
the United States. State and local bar associations, law schools and other local leaders<br />
are sponsoring state-level multidisciplinary outreach meetings to form multidisciplinary<br />
partnerships to strengthen the rule of law at the state and community levels.<br />
Participants at these meetings have included business and community leaders,<br />
educators, health care professionals, judges, lawyers, government officials, and<br />
religious leaders.<br />
Honorary Chairs<br />
Leadership<br />
The World <strong>Justice</strong> Project has the support of individuals representing a range of<br />
disciplines around the world. The Honorary Chairs of the World <strong>Justice</strong> Project are:<br />
Hon. Madeleine Albright<br />
Hon. Giuliano Amato<br />
Hon. Robert Badinter<br />
Hon. James A. Baker III<br />
Cherie Blair<br />
Hon. Stephen G. Breyer<br />
Sharan Burrow<br />
David Byrne<br />
President Jimmy Carter<br />
Maria L. Cattaui<br />
Hon. Hans Corell<br />
Hon. Hilario G. Davide, Jr.<br />
Hernando de Soto<br />
Adama Dieng<br />
William H. Gates, Sr.<br />
Hon. Ruth Bader Ginsburg<br />
Hon. Richard J. Goldstone<br />
Hon. Kunio Hamada<br />
Hon. Lee H. Hamilton<br />
Dr. Mohamed Ibrahim<br />
Hon. Hassan Bubacar Jallow<br />
Hon. Tassaduq Hussain Jillani<br />
Hon. Anthony M. Kennedy<br />
Hon. Beverley McLachlin, P.C.<br />
Hon. George J. Mitchell<br />
John Edwin Mroz<br />
Indra Nooyi<br />
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Hon. Sandra Day O'Connor<br />
Hon. Ana Palacio<br />
Gen. Colin L. Powell<br />
Roy L. Prosterman<br />
Hon. Richard W. Riley<br />
Hon. Mary Robinson<br />
Hon. Petar Stoyanov<br />
Richard Trumka<br />
The Most Rev. Desmond Tutu<br />
Hon. Antonio Vitorino<br />
Paul A. Volcker<br />
Rt. Hon. Lord (Harry) Woolf<br />
Hon. Andrew Young<br />
Board of Directors<br />
The World <strong>Justice</strong> Project's board of directors includes:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Sheikha Abdulla Al-Misnad<br />
Emil Constantinescu<br />
Ashraf Ghani<br />
William C. Hubbard<br />
Suet-Fern Lee<br />
Mondli Makhanya<br />
William H. Neukom<br />
Ellen Gracie Northfleet<br />
James R. Silkenat<br />
The World <strong>Justice</strong> Project has the following board officers:<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
William C. Hubbard, chairman of the board<br />
William H. Neukom, president and chief executive officer<br />
Deborah Enix-Ross, vice president<br />
Suzanne E. Gilbert, vice president<br />
James R. Silkenat, director and vice president<br />
<strong>Law</strong>rence B. Bailey, secretary and treasurer<br />
Gerold W. Libby, general counsel<br />
Age of<br />
Lists of countries by laws and law enforcement rankings<br />
Consent<br />
Legal candidacy for political office<br />
Criminal responsibility<br />
Legal drinking<br />
Legal driving<br />
Majority<br />
Legal marriage<br />
Retirement age<br />
Page 47 of 198
Drugs<br />
Death<br />
Guns<br />
Punishment<br />
Obscenity<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Mandatory retirement<br />
School-leaving age<br />
Legal smoking<br />
Voting<br />
Suffrage<br />
Youth suffrage<br />
Working age<br />
Alcohol<br />
Alcohol consumption<br />
Alcohol law<br />
Bath salts<br />
Legal status of Mephedrone<br />
Legal status of MPDV<br />
Legal status of Methylone<br />
Cannabis<br />
Legality<br />
annual use<br />
lifetime use<br />
Cocaine use<br />
Legality<br />
Methamphetamine<br />
Legality<br />
LSD<br />
Legality<br />
Opiate use<br />
Salvia divinorum<br />
Legality<br />
Legality of euthanasia<br />
Homicide<br />
by decade<br />
<strong>Law</strong> enforcement killings<br />
Legality of suicide<br />
Legality of assisted suicide<br />
Deaths<br />
Ownership<br />
Corporal punishment<br />
At home<br />
At school<br />
In court<br />
Death penalty<br />
Incarceration<br />
Incest<br />
<strong>Law</strong>s<br />
Pornography<br />
Child pornography<br />
Simulated child pornography<br />
Drawn pornography depicting minors<br />
Internet pornography<br />
Prostitution<br />
Sexual assault<br />
Child sexual abuse<br />
Rape<br />
Sodomy law<br />
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Censorship<br />
Human rights<br />
Freedom of<br />
movement<br />
Property and<br />
Environmental<br />
Business<br />
<strong>International</strong><br />
ownership<br />
Other<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Sex trafficking<br />
Zoophilia<br />
Censorship by country<br />
Book censorship<br />
by country<br />
Film censorship<br />
by country<br />
Internet censorship<br />
by country<br />
Cartographic censorship<br />
Political censorship<br />
Video gaming censorship<br />
by country<br />
Children's rights<br />
Children in the military<br />
Intersex rights<br />
LGBT rights<br />
Slavery<br />
Human trafficking<br />
by country<br />
In the air<br />
Abode<br />
Air<br />
Estate<br />
Land<br />
Minerals<br />
Mining<br />
Mortgage<br />
Water<br />
Riparian water<br />
Corporate<br />
Corporate liability<br />
Competition<br />
Mergers and acquisitions<br />
Monopoly<br />
Legality of bitcoin by country or territory<br />
<strong>International</strong> waters<br />
Sea law<br />
Maritime law<br />
Antarctic Treaty System<br />
Abortion law<br />
Minors and abortion<br />
Animal rights<br />
Immigration law<br />
Human cloning<br />
National legal systems<br />
Police brutality<br />
Prisoner abuse<br />
Religious law<br />
Separation of church and state<br />
Sharia<br />
Size of police forces<br />
World <strong>Justice</strong> Project<br />
Page 49 of 198
Page 50 of 198
III. Comparative Criminal <strong>Justice</strong><br />
and <strong>International</strong> Criminal <strong>Law</strong><br />
Comparative Criminal <strong>Justice</strong> is a<br />
subfield of the study of Criminal<br />
<strong>Justice</strong> that compares justice systems<br />
worldwide. Such study can take a<br />
descriptive, historical, or political<br />
approach. It studies the similarities and<br />
differences in structure,<br />
goals, punishment and emphasis on<br />
rights as well as the history and political<br />
stature of different systems.It is common<br />
to broadly categorize the functions of a<br />
criminal justice system into policing,<br />
adjudication (i.e.: courts), and corrections,<br />
although other categorization schemes<br />
exist. Comparativists study the four<br />
different types of societies, their methods<br />
of enforcement and their different types of<br />
punishment such as capital punishment,<br />
and imprisonment. Within these societies<br />
they study different types of legal tradition<br />
and analyze the issues they solve and create. They use their information in order to<br />
learn effective ways of enforcing laws, and to identify and solve problems that may arise<br />
within a system due to its methods.<br />
Societies<br />
Comparativists in criminal justice study four different kinds of societies: Folk-communal,<br />
Urban-commercial, Urban-industrial, and bureaucratic. Folk-communal societies are<br />
often seen as primitive and barbaric, they have little specialization among law enforcers,<br />
and let many problems go unpunished to avoid over-criminalization however, once<br />
tempers “boil over” and the situation becomes a larger issue, harsh and unusual<br />
punishment may be administered. Examples are African or Middle Eastern Tribes, or<br />
early puritan settlements of America. Urban-commercial societies have few written laws<br />
and some specialized enforcement for religious or king’s law enforcement. Punishments<br />
are inconsistent and usually harsh. Urban-industrial societies enforce laws that<br />
prescribe good behavior and give incentives and disincentives for behavior and police<br />
are specialized in property crimes such as theft. Finally, bureaucratic societies are<br />
today’s modern society. They feature fully developed laws, lawyers, and police forces<br />
trained for multiple types of crime. Different “side effects” of these societies include<br />
over-criminalization, overcrowding, and even juvenile delinquency due to the extended<br />
age of adolescence these societies bring on.<br />
Page 51 of 198
Legal Traditions<br />
Legal traditions play an important role in the development of international law and<br />
justice. Comparativists for criminal justice study these traditions with the intent of finding<br />
a way to combine the views of different traditions towards a single view that allows for<br />
the successful development of international law. Many comparativists believe that the<br />
more states with similar legal views the more likely it is to be able to create international<br />
laws that please all. Reichel (2005) identifies four major legal traditions that each have<br />
their own respective body of laws:<br />
<br />
<br />
<br />
<br />
Common law is found particularly in countries that are current or former members<br />
of the British Empire.<br />
Civil law countries include most of continental Europe and various states in South<br />
America and Africa.<br />
Socialist law is essentially civil law with major modifications from Marxist-<br />
Leninist ideology. It is currently only used in China and a few other<br />
contemporary Communist states, but has had enormous influence on Russia and<br />
the former USSR.<br />
Islamic law is religiously-inspired law used in Muslim countries.<br />
Punishment<br />
People who study comparative criminal justice study different forms and use of<br />
punishment across societies, including capital punishment. Fifty-nine countries retain<br />
the death penalty as reported in 2007. Comparativists study the different ways in which<br />
execution is carried out across the world including hanging, shooting, beheading,<br />
injection, electrocution, and even stoning. Comparativists find that in many developing<br />
countries such as Iran, Indonesia, Belarus, and many others, that violent methods of<br />
execution such as hanging beheading, shooting, and stoning are much more common<br />
ways of carrying out the death penalty, and in many cases the only ways. However in<br />
western culture as well as developed countries such as the United States less brutal<br />
execution such as lethal injection is utilized. Even prison sentences can come harshly.<br />
In many countries such as Burma a person can be sentenced to prison for merely<br />
disagreeing with the government. Presumably ridiculous sentences such as multiple life<br />
sentences or sentences of hundreds, even thousands of years are meant to prohibit the<br />
chance of parole in the future. Although it may seem preposterous, western cultures<br />
carry out the same type of sentencing. Even though similar sentences are used across<br />
the globe leniency is varied widely between societies. Many governments such as the<br />
one mentioned above in Burma provide swift and heavy punishment to assert their roles<br />
of power.<br />
________<br />
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<strong>International</strong> Criminal <strong>Law</strong><br />
History<br />
Some precedents in international criminal law can be found in the<br />
time<br />
before World War I. However, it was only after the<br />
war that a truly international crime tribunal was<br />
envisaged<br />
to try perpetrators of crimes committed in<br />
this period. Thus, the Treaty of<br />
Versailles stated that an international<br />
tribunal was to be set up to<br />
try Wilhelm II of Germany. In the<br />
event, however, the Kaiser was<br />
granted asylum in the<br />
Netherlands. After World War II,<br />
the Allied powers set up an<br />
international tribunal to try not<br />
only war crimes, but crimes<br />
against humanity committed under<br />
the Nazi regime. The Nuremberg<br />
Tribunal held its first session in 1945<br />
and pronounced judgments on 30<br />
September<br />
/ 1 October 1946. A similar tribunal was<br />
established for Japanese war crimes (the <strong>International</strong><br />
Military Tribunal for the Far East). It operated from 1946 to 1948.<br />
After the beginning of the war in Bosnia, the United Nations Security<br />
Council established the <strong>International</strong> Criminal Tribunal for the Former Yugoslavia (ICTY)<br />
in 1993 and, after the genocide in Rwanda, the <strong>International</strong> Criminal Tribunal for<br />
Rwanda in 1994. The <strong>International</strong> <strong>Law</strong> Commission had commenced preparatory work<br />
for the establishment of a permanent <strong>International</strong> Criminal Court in 1993; in 1998, at a<br />
diplomatic conference in Rome, the Rome Statute establishing the ICC was signed. The<br />
ICC issued its first arrest warrants in 2005.<br />
Sources of <strong>International</strong> Criminal <strong>Law</strong><br />
<strong>International</strong> criminal law is a subset of international law. As such, its sources are the<br />
same as those that comprise international law. The classical enumeration of those<br />
sources is in Article 38(1) of the 1946 Statute of the <strong>International</strong> Court of <strong>Justice</strong> and<br />
comprise: treaties, customary international law, general principles of law (and as a<br />
subsidiary measure judicial decisions and the most highly qualified juristic writings).<br />
The Rome Statute governing the <strong>International</strong> Criminal Court contains an analogous,<br />
though not identical, set of sources that the court may rely on.<br />
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The Importance of Prosecuting <strong>International</strong> Crimes<br />
The prosecution of severe international crimes—including genocide, crimes against<br />
humanity, and war crimes—is necessary to enforce international criminal law and<br />
deliver justice to victims.<br />
This is an important component of transitional justice, or the process of transforming<br />
societies into rights-respecting democracies and addressing past human rights<br />
violations.<br />
Investigations and trials of leaders who have committed crimes and caused mass<br />
political or military atrocities is a key demand of victims of human rights abuses.<br />
Prosecution of such criminals can play a key role in restoring dignity to victims, and<br />
restoring trusting relationships in society.<br />
The <strong>International</strong> Criminal Court, as described below, can play an important role in<br />
prosecuting international crimes in cases where domestic courts are unwilling or unable<br />
to do so.<br />
Institutions of <strong>International</strong> Criminal <strong>Law</strong><br />
Today, the most important institution is the <strong>International</strong> Criminal Court (ICC), as well as<br />
several ad hoc tribunals:<br />
<br />
<br />
<strong>International</strong> Criminal Tribunal for the former Yugoslavia<br />
<strong>International</strong> Criminal Tribunal for Rwanda<br />
Apart from these institutions, some "hybrid" courts and tribunals exist—judicial bodies<br />
with both international and national judges:<br />
<br />
<br />
<br />
<br />
<br />
<br />
Special Court for Sierra Leone, (investigating the crimes committed the Sierra<br />
Leone Civil War)<br />
Extraordinary Chambers in the Courts of Cambodia, (investigating the crimes of<br />
the Red Khmer era)<br />
Special Tribunal for Lebanon, (investigating the assassination of Rafik Hariri)<br />
Special Panels of the Dili District Court<br />
War Crimes Chamber of the Court of Bosnia and Herzegovina<br />
Kosovo Specialist Chambers and Specialist Prosecutor’s Office<br />
Some domestic courts have also been established to hear international crimes, such as<br />
the <strong>International</strong> Crimes Tribunal (Bangladesh).<br />
<strong>International</strong> Criminal Court<br />
The <strong>International</strong> Criminal Court (French: Cour Pénale <strong>International</strong>e; commonly<br />
referred to as the ICC or ICCt) is a permanent tribunal to prosecute individuals<br />
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for genocide, crimes against humanity, war crimes, and the crime of<br />
aggression (although it cannot currently exercise jurisdiction over the crime of<br />
aggression).<br />
The court's creation perhaps constitutes the most significant reform of international law<br />
since 1945. It gives authority to the two bodies of international law that deal with<br />
treatment of individuals: human rights and humanitarian law.<br />
It came into being on July 1, 2002—the date its founding treaty, the Rome Statute of the<br />
<strong>International</strong> Criminal Court, entered into force—and it can only prosecute crimes<br />
committed on or after that date. The court's official seat is in The Hague, Netherlands,<br />
but its proceedings may take place anywhere.<br />
As of October 2017, 123 states are parties to the Statute of the Court, including all the<br />
countries of South America, nearly all of Europe, most of Oceania and roughly half of<br />
Africa. Burundi was a member state, but withdrew effective 27 October 2017. A further<br />
31 countries have signed but not ratified the Rome Statute. The law of treaties obliges<br />
these states to refrain from "acts which would defeat the object and purpose" of the<br />
treaty until they declare they do not intend to become a party to the treaty. Four<br />
signatory states—Israel, Sudan, the United States and Russia—have informed the UN<br />
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Secretary General that they no longer intend to become states parties and, as such,<br />
have no legal obligations arising from their signature of the Statute.<br />
41 United Nations member states have neither signed nor acceded to the Rome<br />
Statute. Some of them, including China and India, are critical of the Court. Ukraine, a<br />
non-ratifying signatory, has accepted the Court's jurisdiction for a period starting in<br />
2013.<br />
The court can generally exercise jurisdiction only in cases where the accused is a<br />
national of a state party, the alleged crime took place on the territory of a state party, or<br />
a situation is referred to the court by the United Nations Security Council. It is designed<br />
to complement existing national judicial systems: it can exercise its jurisdiction only<br />
when national courts are unwilling or unable to investigate or prosecute such<br />
crimes. Primary responsibility to investigate and punish crimes is therefore left to<br />
individual states.<br />
To date, the Court opened investigations in 11 situations: Burundi; two in the Central<br />
African Republic; Côte d'Ivoire; Darfur, Sudan; the Democratic Republic of the Congo;<br />
Georgia, Kenya; Libya; Mali; and Uganda. Additionally, the Office of the Prosecutor is<br />
conducting preliminary examinations in eleven situations in Afghanistan; Colombia;<br />
Gabon; Guinea; Iraq / the United Kingdom; Nigeria; Palestine; the Philippines,<br />
registered vessels of Comoros, Greece, and Cambodia; Ukraine and Venezuela.<br />
It publicly indicted 42 people. The ICC has issued arrest warrants for 34 individuals and<br />
summonses to eight others. Eight persons are in detention. Proceedings against 23 are<br />
ongoing: 12 are at large as fugitives, three are under arrest but not in the Court's<br />
custody, one is in the pre-trial phase, six are at trial, and one is appealing his conviction.<br />
Proceedings against 19 have been completed: three are serving sentences, two have<br />
finished their sentences, one has been acquitted, six have had the charges against<br />
them dismissed, two have had the charges against them withdrawn, one has had his<br />
case declared inadmissible, and four have died before trial.<br />
As of March 2011, three trials against four people are underway: two trials regarding the<br />
situation in the Democratic Republic of the Congo and one trial regarding the Central<br />
African Republic. Another two people have been committed to a fourth trial in the<br />
situation of Darfur, Sudan. One confirmation of charges hearing (against one person in<br />
the situation of the DR Congo) is to start in July 2011 while two new cases (against a<br />
total of six persons in the situation of Kenya) will begin with the suspects' first<br />
appearances in April 2011.<br />
The judicial division of the court consists of 18 judges who are elected by the Assembly<br />
of State Parties for their qualifications, impartiality, and integrity, and serve nine-year,<br />
non-renewable terms. The judges are responsible to ensure fair trials, render decisions,<br />
issue arrest warrants or summonses to appear, authorize victims to participate, and<br />
order witness protection measures. They elect among themselves the ICC president<br />
and two vice presidents who head the court. The Court has three Judicial Divisions who<br />
hear matters at different stages of the proceedings: Pre-Trial, Trial, and Appeals.<br />
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Pre-Trial: three judges decide if there is enough evidence for a case to go to trial, and if<br />
so, confirm the charges and commit the case to trial. They are responsible to issue<br />
arrest warrants or summonses to appeal, preserve evidence, protect suspects and<br />
witnesses, appoint counsel or other support for the defense, ensure that a person is not<br />
detained for an unreasonable period prior to trial, and safeguard information affecting<br />
national security Trial: three judges decide if there is enough evidence to prove beyond<br />
a reasonable doubt that the accused is guilty as charged, sentence those found guilty,<br />
and pronounce the sentence in public, order reparation to victims, including restitution,<br />
compensation and rehabilitation<br />
Appeal: five judges handle appeals filed by parties that confirm, reverse or amend a<br />
decision on guilt or innocence or on the sentence and potentially order a new trial<br />
before a different Trial Chamber. They also ensure that the conviction was not<br />
materially affected by errors or by unfairness of proceedings and that the sentence is<br />
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proportionate to the crimes. The appeal judges are also empowered to confirm, reverse<br />
or amend an order for reparations revise the final judgment of conviction or the<br />
sentence, and hear appeals on a decision on jurisdiction or admissibility, interim release<br />
decisions and interlocutory matters.<br />
The Court's Pre-Trial Chambers has publicly indicted 41 people, and issued arrest<br />
warrants for 33 others, and summonses to eight more. Seven people are currently in<br />
ICC detention. At the trial stage, there are 23 ongoing proceedings, as 12 people are at<br />
large as fugitives, three are under arrest but not in the Court’s custody, and one is<br />
appealing his conviction. Seventeen proceedings have been completed, resulting in<br />
three convictions, one acquittal, six had the charges against them dismissed, two had<br />
the charges against them withdrawn, one had his case declared inadmissible, and four<br />
died before trial.<br />
An example to illustrate the Court’s proceedings is Thomas Lubanga, 51, a Congolese<br />
warlord and the first person convicted by the Court for his crimes of recruiting and using<br />
child soldiers. In March 2012, Lubanga was found guilty and sentenced to 14 years in<br />
prison for abducting boys and girls under the age of 15 and forcing them to fight in for<br />
his army, the Force Patriotique pour la Libération du Congo (FPLC), in the Democratic<br />
Republic of Congo’s Ituri region between 2002 and 2003. FPLC recruited children as<br />
young as 11 from their homes and schools to participate in an ethnic fighting, and many<br />
were taken to military camps, where they were beaten, drugged, and girls used as sex<br />
slaves. On January 13, 2006, the ICC Prosecution filed an application for the issuance<br />
of a warrant of arrest for Lubanga, which was granted by the Pre-Trial Chamber I on<br />
February 10, 2006. On March 17, 2006 Congolese authorities surrendered Lubanga to<br />
the Court, where he was held in their detention center in the Hague until March 20,<br />
2006 where he made his first court appearance to confirm his identity, ensure he was<br />
informed of the crimes of which he was accused, and receive a counsel of<br />
defense. From August 26, 2011 to March 14, 2012, the Trial Chamber I, composed of<br />
judges from France, the Dominican Republic, and Hungary, heard Lubanga’s case,<br />
which included 36 witnesses, including 3 experts called by the Office of the Prosecutor,<br />
24 witnesses called by the defense and three witnesses called by the legal<br />
representatives of the victims participating in the proceedings. The Chamber also called<br />
four experts and a total of 129 victims, represented by two teams of legal<br />
representatives and the Office of Public Counsel for Victims. Trial Chamber I<br />
unanimously found Lubanga guilty as a co-perpetrator of the war crimes of conscripting<br />
and enlisting children under the age of 15 and using them to participate actively in<br />
hostilities from 1 September 2002 to 13 August 2003.<br />
<strong>International</strong> Criminal Tribunal for Rwanda<br />
The <strong>International</strong> Criminal Tribunal for Rwanda (ICTR), or the Tribunal pénal<br />
international pour le Rwanda (TPIR), is an international court established in<br />
November 1994 by the United Nations Security Council in Resolution 955 in order to<br />
judge people responsible for the Rwandan Genocide and other serious violations of<br />
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the international law in Rwanda, or by Rwandan citizens in nearby states, between 1<br />
January and 31 December 1994.<br />
In 1995 it became located in Arusha, Tanzania, under Resolution 977. (From 2006,<br />
Arusha also became the location of the African Court on Human and Peoples' Rights).<br />
In 1998 the operation of the Tribunal was expanded in Resolution 1165. Through<br />
several resolutions, the Security Council called on the Tribunal to complete its<br />
investigations by end of 2004, complete all trial activities by end of 2008, and complete<br />
all work in 2012.<br />
The tribunal has jurisdiction over genocide, crimes against humanity and war crimes,<br />
which are defined as violations of Common Article Three and Additional Protocol II of<br />
the Geneva Conventions (dealing with war crimes committed during internal conflicts).<br />
So far, the Tribunal has finished 50 trials and convicted 29 accused persons. Another<br />
11 trials are in progress. 14 individuals are awaiting trial in detention; but the prosecutor<br />
intends to transfer 5 to national jurisdiction for trial. 13 others are still at large, some<br />
suspected to be dead. The first trial, of Jean-Paul Akayesu, began in 1997. Jean<br />
Kambanda, interim Prime Minister, pleaded guilty. According to the ICTR's Completion<br />
Strategy, in accordance with Security Council Resolution 1503, all first-instance cases<br />
were to have completed trial by the end of 2008 (this date was later extended to the end<br />
of 2009).<br />
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On July 1, 2012, an <strong>International</strong> Residual Mechanism for Criminal Tribunals will begin<br />
functioning with respect to the work begun by the ICTR. The ICTR has been called upon<br />
by the United Nations Security Council to finish its work by December 31, 2014, and to<br />
prepare its closure and transition of cases to the Mechanism.<br />
<strong>International</strong> Criminal Tribunal for the former Yugoslavia<br />
The <strong>International</strong> Tribunal for the Prosecution of Persons Responsible for Serious<br />
Violations of <strong>International</strong> Humanitarian <strong>Law</strong> Committed in the Territory of the<br />
Former Yugoslavia since 1991, more commonly referred to as the <strong>International</strong><br />
Criminal Tribunal for the former Yugoslavia or ICTY, is a body of the United<br />
Nations established to prosecute serious crimes committed during the wars in the<br />
former Yugoslavia, and to try their perpetrators. The tribunal is an ad hoc court which is<br />
located in The Hague, the Netherlands.<br />
The Court was established by Resolution 827 of the United Nations Security Council,<br />
which was passed on 25 May 1993. It has jurisdiction over four clusters of crime<br />
committed on the territory of the former Yugoslavia since 1991: grave breaches of<br />
the Geneva Conventions, violations of the laws or customs of war, genocide, and crime<br />
against humanity. The maximum sentence it can impose is life imprisonment. Various<br />
countries have signed agreements with the UN to carry out custodial sentences. The<br />
last indictment was issued 15 March 2004. The Tribunal aims to complete all trials by<br />
mid-2011 and all appeals by 2013, with the exception of Radovan Karadžić whose trial<br />
is expected to end in 2012 and the appeal to be heard by February 2014. Goran<br />
Hadžić has been charged, however is still at large and thus do not fall within the court's<br />
completion strategy.<br />
On 1 July 2013, an <strong>International</strong> Residual Mechanism for Criminal Tribunals will begin<br />
functioning with respect to the work begun by the ICTY. The ICTY has been called upon<br />
by the United Nations Security Council to finish its work by 31 December 2014 and to<br />
prepare its closure and transition of cases to the Mechanism.<br />
Recognition of <strong>International</strong> Criminal <strong>Law</strong> in Domestic Jurisdictions<br />
United Kingdom<br />
Under section 51(1) of the <strong>International</strong> Criminal Court Act 2001, genocide and crimes<br />
against humanity committed either in the United Kingdom or by United<br />
Kingdom nationalsabroad can be prosecuted but, as a dualist nation, other prosecutions<br />
can only be mounted where the United Kingdom has acceded to the Treaties and<br />
Conventions that create the offences including: war crimes, torture,<br />
and enslavement and forced labour offences. The criminal jurisdiction is presumed<br />
territorial in the absence of express words and based on the presence of the accused<br />
within the jurisdiction. There are a number of statutes that impose criminal liability on<br />
UK and/or non-UK nationals who commit particular acts outside the jurisdiction, but this<br />
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can only be exercised where the individual is present or visits the United Kingdom,<br />
otherwise the UK government would need to seek extradition from the state in which he<br />
is located.<br />
Legal Person's Criminal Liability<br />
It is a rule of statutory interpretation that unless a contrary intention appears, the word<br />
"person" includes anybody of persons corporate or unincorporated. Thus, once the<br />
principle of corporate liability for the form of legal entity is accepted, the entity can be<br />
charged with any international offence no matter where it was committed in the same<br />
way as a natural person.<br />
United States<br />
U.S. Implementation<br />
Because United States federal criminal law is statutory, the relevant international<br />
criminal prohibition must have been incorporated directly into U.S. criminal law<br />
through Congressional legislation before the matter can be prosecuted in United States<br />
Courts.<br />
Congress has enacted statutes covering genocide, war crimes, torture, piracy, slavery,<br />
and trafficking in women and children to meet the U.S. obligations under international<br />
agreements.<br />
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Canada<br />
Natural Persons<br />
In Canada, the Crimes Against Humanity and War Crimes Act, S.C. 2000 (CAHW) has<br />
incorporated the following as domestic crimes: genocide, crimes against humanity, war<br />
crimes, breach of responsibility by a military commander or a superior (usually a civilian<br />
superior), offences against the administration of justice of the <strong>International</strong> Criminal<br />
Court, and possession or laundering of proceeds derived from these crimes. Normally,<br />
criminal jurisdiction is exclusively territorial, but CAHW invokes universal jurisdiction as<br />
defined in customary international law.<br />
Legal Persons<br />
Companies are not expressly included or excluded from prosecution for international<br />
crimes under CAHW. but all the standard remedies in tort are available against<br />
corporations for activities committed outside the jurisdiction.<br />
France<br />
Natural Persons<br />
The new Criminal Code includes a series of provisions describing crimes against<br />
humanity in considerable detail, including genocide and aggravated war crimes. A<br />
limited number of international crimes have equivalents in French domestic law, e.g.,<br />
forced labour is the equivalent of illegal confinement.<br />
Extraterritorial jurisdiction is based on a connection with France through:<br />
<br />
<br />
<br />
nationality of the perpetrator (active personality jurisdiction) of the crime or the<br />
victim (passive personality jurisdiction);<br />
Events constituting the crime represent a connected series of acts or an<br />
indivisible act occurring both in France and another state, or where there were<br />
acts of complicity in France for a crime committed abroad, if the acts are criminal<br />
under all relevant systems of law; or<br />
Concept of universality where French public policy interests are affected.<br />
Legal Persons<br />
In French law, a civil action can be brought jointly with a penal action before a criminal<br />
court. Corporate liability is covered in Articles 121-2 of the new Criminal Code which<br />
provide that legal persons will be liable in the cases identified by the Legislature and<br />
Article 213-3 provides that legal persons may incur criminal liability for all crimes against<br />
humanity.<br />
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Norway<br />
Natural Persons<br />
Norwegian municipal law incorporates specific areas of international law, but there must<br />
be a matching penal provision in the domestic criminal law as a precondition to<br />
enforcement. Norway is a signatory to the <strong>International</strong> Criminal Court which has<br />
complementary jurisdiction to municipal criminal courts, albeit that the local courts have<br />
precedence to prosecute the crimes of genocide, crimes against humanity, war crimes,<br />
and the crime of aggression. Norway prosecutes international crimes using domestic<br />
penal law, e.g., genocide can be treated as homicide, torture as an offence against the<br />
person, etc. Norwegian criminal law is applicable to acts committed abroad by any<br />
Norwegian national or any person domiciledin Norway when the act is a felony under<br />
the law of the country in which it is committed. There is a general discretion to decline a<br />
prosecution which occurred in a case brought against the Israeli Prime Minister.<br />
Legal Persons<br />
If a business entity domiciled in Norway is<br />
involved in unlawful activity committed<br />
outside the jurisdiction, both civil and<br />
criminal actions are available subject to the<br />
rule of "double actionability", i.e., the activity<br />
must have been unlawful under the laws of<br />
both Norway and the country of<br />
commission.<br />
The Norwegian Code of Compensation<br />
allows actions for damages for the loss and<br />
damage arising from the breach of international law. Civil jurisdiction is based on<br />
residence or temporary personal presence for natural persons and the place where the<br />
board of directors has its seat. Non-nationals can be sued in Norway if any business<br />
activity occurs in Norway. The court must be conveniens, i.e., objectively competent in a<br />
local and functional way and, in some cases, this requires the defendant's consent.<br />
Germany<br />
Germany has incorporated international criminal law into its domestic legal system in<br />
2002 with the creation of the Völkerstrafgesetzbuch ("Code of Crimes against<br />
<strong>International</strong> <strong>Law</strong>").<br />
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IV. The United Nations<br />
The United Nations (UN) is an intergovernmental organization tasked to<br />
promote international co-operation and to create and maintain international order. A<br />
replacement for the ineffective League of Nations, the organization was established on<br />
24 October 1945 after World War II with the aim of preventing another such conflict. At<br />
its founding, the UN had 51 member states; there are now 193. The headquarters of the<br />
UN is in Manhattan, New York City, and is subject to extraterritoriality. Further main<br />
offices are situated in Geneva, Nairobi, and Vienna. The organization is financed by<br />
assessed and voluntary contributions from its member states. Its objectives include<br />
maintaining international peace and security, promoting human rights, fostering social<br />
and economic development, protecting the environment, and providing humanitarian aid<br />
in cases of famine, natural disaster, and armed conflict. The UN is the largest, most<br />
familiar, most internationally represented and most powerful intergovernmental<br />
organization in the world.<br />
The UN Charter was drafted at a conference between April–June 1945 in San<br />
Francisco, and was signed on 26 June 1945 at the conclusion of the conference; [4][5] this<br />
charter took effect on 24 October 1945, and the UN began operation. The UN's mission<br />
to preserve world peace was complicated in its early decades by the Cold War between<br />
the United States and Soviet Union and their respective allies. The organization<br />
participated in major actions in Korea and the Congo, as well as approving the creation<br />
of the Israeli state in 1947. The organization's membership grew significantly following<br />
widespread decolonization in the 1960s, and by the 1970s its budget for economic and<br />
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social development programs far outstripped its spending on peacekeeping. After the<br />
end of the Cold War, the UN took on major military and peacekeeping missions across<br />
the world with varying degrees of success.<br />
The UN has six principal organs: the General Assembly (the main deliberative<br />
assembly); the Security Council (for deciding certain resolutions for peace and security);<br />
the Economic and Social Council (ECOSOC; for promoting international economic and<br />
social co-operation and development); the Secretariat (for providing studies,<br />
information, and facilities needed by the UN); the <strong>International</strong> Court of <strong>Justice</strong> (the<br />
primary judicial organ); and the UN Trusteeship Council(inactive since 1994). UN<br />
System agencies include the World Bank Group, the World Health Organization,<br />
the World Food Program, UNESCO, and UNICEF. The UN's most prominent officer is<br />
the Secretary-General, an office held by Portuguese politician and diplomat António<br />
Guterres since 2017. Non-governmental organizations may be granted consultative<br />
status with ECOSOC and other agencies to participate in the UN's work.<br />
The organization won the Nobel Peace Prize in 2001, and a number of its officers and<br />
agencies have also been awarded the prize. Other evaluations of the UN's effectiveness<br />
have been mixed. Some commentators believe the organization to be an important<br />
force for peace and human development, while others have called the organization<br />
ineffective, corrupt, or biased.<br />
Background<br />
In the century prior to the UN's creation, several international treaty organizations and<br />
conferences had been formed to regulate conflicts between nations, such as<br />
the <strong>International</strong> Committee of the Red Cross and the Hague Conventions of 1899 and<br />
1907. Following the catastrophic loss of life in the First World War, the Paris Peace<br />
Conference established the League of Nations to maintain harmony between<br />
countries. This organization resolved some territorial disputes and created international<br />
structures for areas such as postal mail, aviation, and opium control, some of which<br />
would later be absorbed into the UN. However, the League lacked representation for<br />
colonial peoples (then half the world's population) and significant participation from<br />
several major powers, including the US, USSR, Germany, and Japan; it failed to act<br />
against the Japanese invasion of Manchuria in 1931, the Second Italo-Ethiopian War in<br />
1935, the Japanese invasion of China in 1937, and German expansions under Adolf<br />
Hitler that culminated in the Second World War.<br />
1942 "Declaration of United Nations" by the Allies of World War II<br />
The earliest concrete plan for a new world organization began under the aegis of the US<br />
State Department in 1939. The text of the "Declaration by United Nations" was drafted<br />
by President Franklin Roosevelt, British Prime Minister Winston Churchill, and<br />
Roosevelt aide Harry Hopkins, while meeting at the White House, 29 December 1941. It<br />
incorporated Soviet suggestions, but left no role for France. "Four Policemen" was<br />
coined to refer to four major Allied countries, United States, United Kingdom, Soviet<br />
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Union, and Republic of China, which emerged in the Declaration by United Nations.<br />
Roosevelt first coined the term United Nations to describe the Allied countries. "On New<br />
Year's Day 1942, President Roosevelt, Prime Minister Churchill, Maxim Litvinov, of the<br />
USSR, and T. V. Soong, of China, signed a short document which later came to be<br />
known as the United Nations Declaration and the next day the representatives of<br />
twenty-two other nations added their signatures." The term United Nations was first<br />
officially used when 26 governments signed this Declaration. One major change from<br />
the Atlantic Charter was the addition of a provision for religious freedom, which Stalin<br />
approved after Roosevelt insisted. By 1 March 1945, 21 additional states had signed.<br />
A JOINT DECLARATION BY THE UNITED STATES OF AMERICA, THE UNITED<br />
KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, THE UNION OF<br />
SOVIET SOCIALIST REPUBLICS, CHINA, AUSTRALIA, BELGIUM, CANADA, COSTA<br />
RICA, CUBA, CZECHOSLOVAKIA, DOMINICAN REPUBLIC, EL SALVADOR,<br />
GREECE, GUATEMALA, HAITI, HONDURAS, INDIA, LUXEMBOURG,<br />
NETHERLANDS, NEW ZEALAND, NICARAGUA, NORWAY, PANAMA, POLAND,<br />
SOUTH AFRICA, YUGOSLAVIA<br />
The Governments signatory hereto,<br />
Having subscribed to a common program of purposes and principles embodied in the<br />
Joint Declaration of the President of the United States of America and the Prime<br />
Minister of Great Britain dated August 14, 1941, known as the Atlantic Charter,<br />
Being convinced that complete victory over their enemies is essential to defend life,<br />
liberty, independence and religious freedom, and to preserve human rights and justice<br />
in their own lands as well as in other lands, and that they are now engaged in a<br />
common struggle against savage and brutal forces seeking to subjugate the world,<br />
DECLARE:<br />
1. Each Government pledges itself to employ its full resources, military or<br />
economic, against those members of the Tripartite Pact and its adherents with<br />
which such government is at war.<br />
2. Each Government pledges itself to cooperate with the Governments signatory<br />
hereto and not to make a separate armistice or peace with the enemies.<br />
The foregoing declaration may be adhered to by other nations which are, or which may<br />
be, rendering material assistance and contributions in the struggle for victory<br />
over Hitlerism.<br />
— The Washington Conference 1941–1942<br />
During the war, "the United Nations" became the official term for the Allies. To join,<br />
countries had to sign the Declaration and declare war on the Axis.<br />
Page 67 of 198
Founding<br />
The UN in 1945.<br />
In light blue, the<br />
founding<br />
members. In dark<br />
blue, protectorates<br />
and territories of<br />
the founding<br />
members.<br />
The UN was<br />
formulated and<br />
negotiated<br />
among the<br />
delegations from the Allied Big Four (the United States, the United Kingdom, the Soviet<br />
Union and China) at the Dumbarton Oaks Conference in 1944. After months of<br />
planning, the UN Conference on <strong>International</strong> Organization opened in San Francisco,<br />
25 April 1945, attended by 50 governments and a number of non-governmental<br />
organizations involved in drafting the UN Charter. "The heads of the delegations of the<br />
sponsoring countries took turns as chairman of the plenary meetings: Anthony Eden, of<br />
Britain, Edward Stettinius, of the United States, T. V. Soong, of China, and Vyacheslav<br />
Molotov, of the Soviet Union. At the later meetings, Lord Halifax deputized for Mister<br />
Eden, Wellington Koo for T. V. Soong, and Mister Gromyko for Mister Molotov." The UN<br />
officially came into existence 24 October 1945, upon ratification of the Charter by the<br />
five permanent members of the Security Council—France, the Republic of China, the<br />
Soviet Union, the UK and the US—and by a majority of the other 46 signatories.<br />
The first meetings of the General Assembly, with 51 nations represented, and the<br />
Security Council took place in London beginning 10 January 1946. The General<br />
Assembly selected New York City as the site for the headquarters of the UN, and the<br />
facility was completed in 1952. Its site—like UN headquarters buildings<br />
in Geneva, Vienna, and Nairobi—is designated as international territory. The Norwegian<br />
Foreign Minister, Trygve Lie, was elected as the first UN Secretary-General.<br />
Cold War Era<br />
Though the UN's primary mandate was peacekeeping, the division between the US and<br />
USSR often paralysed the organization, generally allowing it to intervene only in<br />
conflicts distant from the Cold War. (A notable exception was a Security Council<br />
resolution in 1950 authorizing a US-led coalition to repel the North Korean invasion of<br />
South Korea, passed in the absence of the USSR.) In 1947, the General Assembly<br />
approved a resolution to partition Palestine, approving the creation of the state of Israel.<br />
Two years later, Ralph Bunche, a UN official, negotiated an armistice to the resulting<br />
conflict. In 1956, the first UN peacekeeping force was established to end the Suez<br />
Crisis; however, the UN was unable to intervene against the USSR's simultaneous<br />
invasion of Hungary following that country's revolution.<br />
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In 1960, the UN deployed United Nations Operation in the Congo (UNOC), the largest<br />
military force of its early decades, to bring order to the breakaway State of Katanga,<br />
restoring it to the control of the Democratic Republic of the Congo by 1964. While<br />
travelling to meet rebel leader Moise Tshombe during the conflict, Dag Hammarskjöld,<br />
often named as one of the UN's most effective Secretaries-General, died in a plane<br />
crash; months later he was posthumously awarded the Nobel Peace Prize. In 1964,<br />
Hammarskjöld's successor, U Thant, deployed the UN Peacekeeping Force in Cyprus,<br />
which would become one of the UN's longest-running peacekeeping missions.<br />
With the spread of decolonization in the 1960s, the organization's membership saw an<br />
influx of newly independent nations. In 1960 alone, 17 new states joined the UN, 16 of<br />
them from Africa. On 25 October 1971, with opposition from the United States, but with<br />
the support of many Third World nations, the mainland, communist People's Republic of<br />
China was given the Chinese seat on the Security Council in place of the Republic of<br />
China that occupied Taiwan; the vote was widely seen as a sign of waning US influence<br />
in the organization. Third World nations organized into the Group of 77 coalition under<br />
the leadership of Algeria, which briefly became a dominant power at the UN. In 1975, a<br />
bloc comprising the USSR and Third World nations passed a resolution, over strenuous<br />
US and Israeli opposition, declaring Zionism to be racism; the resolution was repealed<br />
in 1991, shortly after the end of the Cold War.<br />
With an increasing Third World presence and the failure of UN mediation in conflicts in<br />
the Middle East, Vietnam, and Kashmir, the UN increasingly shifted its attention to its<br />
ostensibly secondary goals of economic development and cultural exchange. By the<br />
1970s, the UN budget for social and economic development was far greater than its<br />
peacekeeping budget.<br />
Post-Cold War<br />
Kofi Annan,<br />
Secretary-General from 1997 to 2006<br />
After the Cold War, the UN saw a radical expansion in its<br />
peacekeeping duties, taking on more missions in ten years<br />
than it had in the previous four decades. Between 1988 and<br />
2000, the number of adopted Security Council resolutions<br />
more than doubled, and the peacekeeping budget increased<br />
more than tenfold. The UN negotiated an end to<br />
the Salvadoran Civil War, launched a<br />
successful peacekeeping mission in Namibia, and oversaw<br />
democratic elections in post-apartheid South Africa and post-<br />
Khmer Rouge Cambodia. In 1991, the UN authorized a US-led coalition that repulsed<br />
the Iraqi invasion of Kuwait. Brian Urquhart, Under-Secretary-General from 1971 to<br />
1985, later described the hopes raised by these successes as a "false renaissance" for<br />
the organization, given the more troubled missions that followed.<br />
Page 69 of 198
Though the UN Charter had been written primarily to prevent aggression by one nation<br />
against another, in the early 1990s the UN faced a number of simultaneous, serious<br />
crises within nations such as Somalia, Haiti, Mozambique, and the former<br />
Yugoslavia. The UN mission in Somalia was widely viewed as a failure after the US<br />
withdrawal following casualties in the Battle of Mogadishu, and the UN mission to<br />
Bosnia faced "worldwide ridicule" for its indecisive and confused mission in the face of<br />
ethnic cleansing. In 1994, the UN Assistance Mission for Rwanda failed to intervene in<br />
the Rwandan genocide amid indecision in the Security Council.<br />
Beginning in the last decades of the Cold War, American and European critics of the UN<br />
condemned the organization for perceived mismanagement and corruption. In 1984, the<br />
US President, Ronald Reagan, withdrew his nation's funding from UNESCO (the United<br />
Nations Educational, Scientific and Cultural Organization, founded 1946) over<br />
allegations of mismanagement, followed by Britain and Singapore. Boutros Boutros-<br />
Ghali, Secretary-General from 1992 to 1996, initiated a reform of the Secretariat,<br />
reducing the size of the organization somewhat. His successor, Kofi Annan (1997–<br />
2006), initiated further management reforms in the face of threats from the United<br />
States to withhold its UN dues.<br />
In the late 1990s and 2000s, international interventions authorized by the UN took a<br />
wider variety of forms. The UN mission in the Sierra Leone Civil War of 1991–2002 was<br />
supplemented by British Royal Marines, and the invasion of Afghanistan in 2001 was<br />
overseen by NATO. In 2003, the United States invaded Iraq despite failing to pass a UN<br />
Security Council resolution for authorization, prompting a new round of questioning of<br />
the organization's effectiveness. Under the eighth Secretary-General, Ban Ki-moon, the<br />
UN has intervened with peacekeepers in crises including the War in Darfur in Sudan<br />
and the Kivu conflict in the Democratic Republic of Congo and sent observers and<br />
chemical weapons inspectors to the Syrian Civil War. In 2013, an internal review of UN<br />
actions in the final battles of the Sri Lankan Civil War in 2009 concluded that the<br />
organization had suffered "systemic failure". One hundred and one UN personnel died<br />
in the 2010 Haiti earthquake, the worst loss of life in the organization's history.<br />
The Millennium Summit was held in 2000 to discuss the UN's role in the 21st<br />
century. The three day meeting was the largest gathering of world leaders in history,<br />
and culminated in the adoption by all member states of the Millennium Development<br />
Goals (MDGs), a commitment to achieve international development in areas such<br />
as poverty reduction, gender equality, and public health. Progress towards these goals,<br />
which were to be met by 2015, was ultimately uneven. The 2005 World<br />
Summit reaffirmed the UN's focus on promoting development, peacekeeping, human<br />
rights, and global security. The Sustainable Development Goals were launched in 2015<br />
to succeed the Millennium Development Goals.<br />
In addition to addressing global challenges, the UN has sought to improve its<br />
accountability and democratic legitimacy by engaging more with civil society and<br />
fostering a global constituency. In an effort to enhance transparency, in 2016 the<br />
organization held its first public debate between candidates for Secretary-General. On 1<br />
Page 70 of 198
January 2017, Portuguese diplomat António Guterres, who previously served as UN<br />
High Commissioner for Refugees, became the ninth Secretary-General. Guterres has<br />
highlighted several key goals for his administration, including an emphasis on diplomacy<br />
for preventing conflicts, more effective peacekeeping efforts, and streamlining the<br />
organization to be more responsive and versatile to global needs.<br />
Structure<br />
The UN system is based on five principal organs: the General Assembly, the Security<br />
Council, the Economic and Social Council (ECOSOC), the Secretariat, and<br />
the <strong>International</strong> Court of <strong>Justice</strong>. A sixth principal organ, the Trusteeship Council,<br />
suspended operations in 1994, upon the independence of Palau, the last remaining UN<br />
trustee territory.<br />
Four of the five principal organs are located at the main UN Headquarters in New York<br />
City. The <strong>International</strong> Court of <strong>Justice</strong> is located in The Hague, while other major<br />
agencies are based in the UN offices at Geneva, Vienna, and Nairobi. Other UN<br />
institutions are located throughout the world.<br />
The six official languages of the UN, used in intergovernmental meetings and<br />
documents, are Arabic, Chinese, English, French, Russian, and Spanish. On the basis<br />
of the Convention on the Privileges and Immunities of the United Nations, the UN and<br />
its agencies are immune from the laws of the countries where they operate,<br />
safeguarding the UN's impartiality with regard to the host and member countries.<br />
Below the six organs sit, in the words of the author Linda Fasulo, "an amazing collection<br />
of entities and organizations, some of which are actually older than the UN itself and<br />
operate with almost complete independence from it". These include specialized<br />
agencies, research and training institutions, programmes and funds, and other UN<br />
entities.<br />
The UN obey the Noblemaire principle, which is binding on any organization that<br />
belongs to the UN system. This principle calls for salaries that will draw and keep<br />
citizens of countries where salaries are highest, and also calls for equal pay for work of<br />
equal value independent of the employee's nationality.<br />
In practice, the ICSC takes reference to the highest-paying national civil service. Staff<br />
salaries are subject to an internal tax that is administered by the UN organizations.<br />
Page 71 of 198
Principal Organs of The United Nations<br />
UN General Assembly<br />
— Deliberative assembly of all UN member<br />
states —<br />
UN Secretariat<br />
— Administrative organ of the UN —<br />
<strong>International</strong> Court of <strong>Justice</strong><br />
— Universal court for international law —<br />
May resolve non-compulsory<br />
recommendations to states or<br />
suggestions to the Security Council<br />
(UNSC);<br />
Decides on the admission of new<br />
members, following proposal by the<br />
UNSC;<br />
Adopts the budget;<br />
Elects the non-permanent members<br />
of the UNSC; all members of<br />
ECOSOC; the UN Secretary<br />
General (following his/her proposal<br />
by the UNSC); and the fifteen<br />
judges of the <strong>International</strong> Court of<br />
<strong>Justice</strong> (ICJ). Each country has one<br />
vote.<br />
Supports the other UN<br />
bodiesadministratively (for example,<br />
in the organization of conferences,<br />
the writing of reports and studies<br />
and the preparation of the budget);<br />
Its chairperson – the UN Secretary<br />
General – is elected by the General<br />
Assembly for a five-year mandate<br />
and is the UN's foremost<br />
representative.<br />
Decides disputes between states<br />
that recognize its jurisdiction;<br />
Issues legal opinions;<br />
Renders judgement by relative<br />
majority. Its fifteen judges are<br />
elected by the UN General<br />
Assembly for nine-year terms.<br />
UN Security Council<br />
— For international security issues —<br />
UN Economic and Social Council<br />
— For global economical and social affairs —<br />
UN Trusteeship Council<br />
— For administering trust territories(currently<br />
inactive) —<br />
Responsible for the maintenance<br />
of international peace and security;<br />
May adopt compulsory resolutions;<br />
Has fifteen members: five<br />
Responsible for co-operation<br />
between states as regards<br />
economic and social matters;<br />
Co-ordinates co-operation between<br />
<br />
Was originally designed to manage<br />
colonial possessions that were<br />
former League of Nations<br />
mandates;<br />
Page 72 of 198
permanent members with veto<br />
power and ten elected members.<br />
<br />
the UN's numerous specialized<br />
agencies;<br />
Has 54 members, elected by the<br />
General Assembly to serve<br />
staggered three-year mandates.<br />
Has been inactive since 1994,<br />
when Palau, the last trust territory,<br />
attained independence.<br />
General Assembly<br />
Mikhail Gorbachev, Soviet general secretary,<br />
addresses the UN General Assembly in December<br />
1988.<br />
The General Assembly is the main deliberative<br />
assembly of the UN. Composed of all UN member<br />
states, the assembly meets in regular yearly sessions,<br />
but emergency sessions can also be called. The<br />
assembly is led by a president, elected from among the member states on a rotating<br />
regional basis, and 21 vice-presidents. The first session convened 10 January 1946 in<br />
the Methodist Central Hall in London and included representatives of 51 nations.<br />
When the General Assembly votes on important questions, a two-thirds majority of<br />
those present and voting is required. Examples of important questions include<br />
recommendations on peace and security; election of members to organs; admission,<br />
suspension, and expulsion of members; and budgetary matters. All other questions are<br />
decided by a majority vote. Each member country has one vote. Apart from approval of<br />
budgetary matters, resolutions are not binding on the members. The Assembly may<br />
make recommendations on any matters within the scope of the UN, except matters of<br />
peace and security that are under consideration by the Security Council.<br />
Draft resolutions can be forwarded to the General Assembly by its six main committees:<br />
<br />
<br />
<br />
<br />
<br />
<br />
First Committee (Disarmament and <strong>International</strong> Security)<br />
Second Committee (Economic and Financial)<br />
Third Committee (Social, Humanitarian, and Cultural)<br />
Fourth Committee (Special Political and Decolonization)<br />
Fifth Committee (Administrative and Budgetary)<br />
Sixth Committee (Legal)<br />
As well as by the following two committees:<br />
<br />
<br />
General Committee – a supervisory committee consisting of the assembly's<br />
president, vice-president, and committee heads.<br />
Credentials Committee – responsible for determining the credentials of each<br />
member nation's UN representatives.<br />
Page 73 of 198
Security Council<br />
Colin Powell, the US Secretary of State, demonstrates a vial<br />
with allegedIraqi chemical weapon probes to the UN Security<br />
Council on Iraq warhearings, 5 February 2003<br />
The Security Council is charged with maintaining<br />
peace and security among countries. While other<br />
organs of the UN can only make "recommendations" to<br />
member states, the Security Council has the power to<br />
make binding decisions that member states have agreed to carry out, under the terms<br />
of Charter Article 25. The decisions of the Council are known as United Nations Security<br />
Council resolutions.<br />
The Security Council is made up of fifteen member states, consisting of five permanent<br />
members—China, France, Russia, the United Kingdom, and the United States—and ten<br />
non-permanent members elected for two-year terms by the General Assembly (with end<br />
of term date)—Bolivia (term ends 2018), Egypt (2017), Ethiopia (2018), Italy (2018),<br />
Japan (2017), Kazakhstan (2018), Senegal (2017), Sweden (2018), Ukraine (2017),<br />
Uruguay (2017). The five permanent members hold veto power over UN resolutions,<br />
allowing a permanent member to block adoption of a resolution, though not debate. The<br />
ten temporary seats are held for two-year terms, with five member states per year voted<br />
in by the General Assembly on a regional basis. The presidency of the Security Council<br />
rotates alphabetically each month.<br />
Secretariat<br />
The UN Secretariat is headed by the Secretary-General, assisted by the Deputy<br />
Secretary-General and a staff of international civil servants worldwide. It provides<br />
studies, information, and facilities needed by UN bodies for their meetings. It also<br />
carries out tasks as directed by the Security Council, the General Assembly, the<br />
Economic and Social Council, and other UN bodies.<br />
The current Secretary-General,<br />
António Guterres<br />
The Secretary-General acts as the de facto spokesperson and<br />
leader of the UN. The position is defined in the UN Charter as<br />
the organization's "chief administrative officer". Article 99 of<br />
the charter states that the Secretary-General can bring to the<br />
Security Council's attention "any matter which in his opinion<br />
may threaten the maintenance of international peace and<br />
security", a phrase that Secretaries-General since Trygve<br />
Lie have interpreted as giving the position broad scope for<br />
action on the world stage. The office has evolved into a dual<br />
role of an administrator of the UN organization and a diplomat<br />
Page 74 of 198
and mediator addressing disputes between member states and finding consensus<br />
to global issues.<br />
The Secretary-General is appointed by the General Assembly, after being<br />
recommended by the Security Council, where the permanent members have veto<br />
power. There are no specific criteria for the post, but over the years it has become<br />
accepted that the post shall be held for one or two terms of five years. The current<br />
Secretary-General is António Guterres, who replaced Ban Ki-moon in 2017.<br />
Secretaries-General of the United Nations<br />
No.<br />
Name<br />
Country of<br />
Origin<br />
1 Trygve Lie Norway 2 February 1946<br />
2 Dag Hammarskjöld Sweden 10 April 1953<br />
3 U Thant Burma<br />
Took Office Left Office Note<br />
30 November<br />
1961<br />
4 Kurt Waldheim Austria 1 January 1972<br />
5<br />
6<br />
Javier Pérez de<br />
Cuéllar<br />
Boutros<br />
Ghali<br />
Boutros-<br />
Peru 1 January 1982<br />
Egypt 1 January 1992<br />
7 Kofi Annan Ghana 1 January 1997<br />
8 Ban Ki-moon South Korea 1 January 2007<br />
10 November<br />
1952<br />
18 September<br />
1961<br />
31 December<br />
1971<br />
31 December<br />
1981<br />
31 December<br />
1991<br />
31 December<br />
1996<br />
31 December<br />
2006<br />
31 December<br />
2016<br />
9 António Guterres Portugal 1 January 2017 –<br />
Resigned<br />
Died<br />
office<br />
in<br />
<strong>International</strong> Court of <strong>Justice</strong><br />
The court had ruled that Kosovo's unilateral declaration<br />
of independence from Serbia in 2008<br />
did not violate international law<br />
The <strong>International</strong> Court of <strong>Justice</strong> (ICJ), located in The<br />
Hague, in the Netherlands, is the primary judicial organ<br />
of the UN. Established in 1945 by the UN Charter, the<br />
Court began work in 1946 as the successor to<br />
the Permanent Court of <strong>International</strong> <strong>Justice</strong>. The ICJ is composed of 15 judges who<br />
serve 9-year terms and are appointed by the General Assembly; every sitting judge<br />
must be from a different nation.<br />
Page 75 of 198
It is based in the Peace Palace in The Hague, sharing the building with the Hague<br />
Academy of <strong>International</strong> <strong>Law</strong>, a private centre for the study of international law. The<br />
ICJ's primary purpose is to adjudicate disputes among states. The court has heard<br />
cases related to war crimes, illegal state interference, ethnic cleansing, and other<br />
issues. The ICJ can also be called upon by other UN organs to provide advisory<br />
opinions.<br />
Economic and Social Council<br />
The Economic and Social Council (ECOSOC) assists the General Assembly in<br />
promoting international economic and social co-operation and development. ECOSOC<br />
has 54 members, which are elected by the General Assembly for a three-year term. The<br />
president is elected for a one-year term and chosen amongst the small or middle<br />
powers represented on ECOSOC. The council has one annual meeting in July, held in<br />
either New York or Geneva. Viewed as separate from the specialized bodies it coordinates,<br />
ECOSOC's functions include information gathering, advising member<br />
nations, and making recommendations. Owing to its broad mandate of co-ordinating<br />
many agencies, ECOSOC has at times been criticized as unfocused or irrelevant.<br />
ECOSOC's subsidiary bodies include the United Nations Permanent Forum on<br />
Indigenous Issues, which advises UN agencies on issues relating to indigenous<br />
peoples; the United Nations Forum on Forests, which co-ordinates and promotes<br />
sustainable forest management; the United Nations Statistical Commission, which coordinates<br />
information-gathering efforts between agencies; and the Commission on<br />
Sustainable Development, which co-ordinates efforts between UN agencies and NGOs<br />
working towards sustainable development. ECOSOC may also grant consultative status<br />
to non-governmental organizations; by 2004, more than 2,200 organizations had<br />
received this status.<br />
Specialized Agencies<br />
The UN Charter stipulates that each primary organ of the United Nations can establish<br />
various specialized agencies to fulfil its duties. Some best-known agencies are<br />
the <strong>International</strong> Atomic Energy Agency, the Food and Agriculture<br />
Organization, UNESCO (United Nations Educational, Scientific and Cultural<br />
Organization), the World Bank, and the World Health Organization (WHO). The UN<br />
performs most of its humanitarian work through these agencies. Examples include mass<br />
vaccination programmes (through WHO), the avoidance of famine and malnutrition<br />
(through the work of the WFP), and the protection of vulnerable and displaced people<br />
(for example, by UNHCR).<br />
Organizations and specialized agencies of the United Nations<br />
No. Acronym Agency Headquarters Head<br />
Established<br />
in<br />
1 FAO Food and Agriculture Rome, Italy José Graziano 1945<br />
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Organizations and specialized agencies of the United Nations<br />
No. Acronym Agency Headquarters Head<br />
2 IAEA<br />
3 ICAO<br />
4 IFAD<br />
5 ILO<br />
6 IMO<br />
7 IMF<br />
8 ITU<br />
9 UNESCO<br />
10 UNIDO<br />
11 UNWTO<br />
12 UPU<br />
Organization<br />
<strong>International</strong> Atomic<br />
Energy Agency<br />
<strong>International</strong> Civil<br />
Aviation Organization<br />
<strong>International</strong> Fund for<br />
Agricultural<br />
Development<br />
da Silva<br />
Established<br />
in<br />
Vienna, Austria Yukiya Amano 1957<br />
Montreal,<br />
Quebec, Canada<br />
Rome, Italy<br />
Fang Liu 1947<br />
Kanayo F.<br />
Nwanze<br />
1977<br />
<strong>International</strong> Labour<br />
Organization Geneva, Switzerland Guy Ryder 1946 (1919)<br />
<strong>International</strong> Maritime<br />
Organization<br />
<strong>International</strong><br />
Monetary Fund<br />
<strong>International</strong><br />
Telecommunication<br />
Union<br />
United Nations<br />
Educational,<br />
Scientific and<br />
Cultural Organization<br />
United Nations<br />
Industrial<br />
Development<br />
Organization<br />
World Tourism<br />
Organization<br />
Universal Postal<br />
Union<br />
13 WBG World Bank Group<br />
14 WFP<br />
15 WHO<br />
16 WIPO<br />
17 WMO<br />
World Food<br />
Programme<br />
World Health<br />
Organization<br />
World Intellectual<br />
Property<br />
Organization<br />
World Meteorological<br />
Organization<br />
London, United<br />
Kingdom<br />
Washington,<br />
D.C., United States<br />
Kitack Lim 1948<br />
Christine<br />
Lagarde<br />
1945 (1944)<br />
Geneva, Switzerland Houlin Zhao 1947 (1865)<br />
Paris, France<br />
Audrey<br />
Azoulay<br />
1946<br />
Vienna, Austria Li Yong 1967<br />
Madrid, Spain Taleb Rifai 1974<br />
Bern, Switzerland<br />
Washington,<br />
D.C., United States<br />
Bishar<br />
Abdirahman<br />
Hussein<br />
1947 (1874)<br />
Jim Y. Kim 1945 (1944)<br />
Rome, Italy Ertharin Cousin 1963<br />
Geneva, Switzerland<br />
Tedros<br />
Adhanom<br />
1948<br />
Geneva, Switzerland Francis Gurry 1974<br />
Geneva, Switzerland<br />
Petteri<br />
Taalas (Secretary-<br />
1950 (1873)<br />
Page 77 of 198
Organizations and specialized agencies of the United Nations<br />
No. Acronym Agency Headquarters Head<br />
General)<br />
Michel<br />
Jarraud (President)<br />
Established<br />
in<br />
Membership<br />
Map of the current<br />
UN member states<br />
by their dates of<br />
admission.<br />
1945 (original<br />
members)<br />
1946–1959<br />
1960–1989<br />
1990–present<br />
non-member<br />
observer states<br />
With the addition of South Sudan 14 July 2011, there are 193 UN member states,<br />
including all undisputedindependent states apart from Vatican City. The UN Charter<br />
outlines the rules for membership:<br />
1. Membership in the United Nations is open to all other peace-loving states that<br />
accept the obligations contained in the present Charter and, in the judgment of<br />
the Organization, are able and willing to carry out these obligations.<br />
2. The admission of any such state to membership in the United Nations will be<br />
effected by a decision of the General Assembly upon the recommendation of the<br />
Security Council. Chapter II, Article 4.<br />
In addition, there are two non-member observer states of the United Nations General<br />
Assembly: the Holy See (which holds sovereignty over Vatican City) and the State of<br />
Palestine. The Cook Islands and Niue, both states in free association with New<br />
Zealand, are full members of several UN specialized agencies and have had their "full<br />
treaty-making capacity" recognized by the Secretariat.<br />
Group of 77<br />
The Group of 77 at the UN is a loose coalition of developing nations, designed to<br />
promote its members' collective economic interests and create an enhanced joint<br />
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negotiating capacity in the UN. Seventy-seven nations founded the organization, but by<br />
November 2013 the organization had since expanded to 133 member countries. [110] The<br />
group was founded 15 June 1964 by the "Joint Declaration of the Seventy-Seven<br />
Countries" issued at the United Nations Conference on Trade and<br />
Development (UNCTAD). The group held its first major meeting in Algiers in 1967,<br />
where it adopted the Charter of Algiers and established the basis for permanent<br />
institutional structures.<br />
Peacekeeping and Security<br />
Objectives<br />
The UN, after approval by the Security Council, sends peacekeepers to regions where<br />
armed conflict has recently ceased or paused to enforce the terms of peace agreements<br />
and to discourage combatants from resuming hostilities. Since the UN does not<br />
maintain its own military, peacekeeping forces are voluntarily provided by member<br />
states. These soldiers are sometimes nicknamed "Blue Helmets" for their distinctive<br />
gear. The peacekeeping force as a whole received the Nobel Peace Prize in 1988.<br />
In September 2013, the UN had peacekeeping soldiers deployed on 15 missions. The<br />
largest was the United Nations Organization Stabilization Mission in the Democratic<br />
Republic of the Congo(MONUSCO), which included 20,688 uniformed personnel. The<br />
smallest, United Nations Military Observer Group in India and Pakistan (UNMOGIP),<br />
included 42 uniformed personnel responsible for monitoring the ceasefire in Jammu and<br />
Kashmir. UN peacekeepers with the United Nations Truce Supervision<br />
Organization (UNTSO) have been stationed in the Middle East since 1948, the longestrunning<br />
active peacekeeping mission.<br />
A study by the RAND Corporation in 2005 found the UN to be successful in two out of<br />
three peacekeeping efforts. It compared efforts at nation-building by the UN to those of<br />
the United States, and found that seven out of eight UN cases are at peace, as<br />
compared with four out of eight US cases at peace. Also in 2005, the Human Security<br />
Report documented a decline in the number of wars, genocides, and human rights<br />
abuses since the end of the Cold War, and presented evidence, albeit circumstantial,<br />
that international activism—mostly spearheaded by the UN—has been the main cause<br />
of the decline in armed conflict in that period. Situations in which the UN has not only<br />
acted to keep the peace but also intervened include the Korean War (1950–53) and the<br />
authorization of intervention in Iraq after the Gulf War (1990–91).<br />
UN Buffer Zone in Cyprus was established in 1974 following<br />
the Turkish invasion of Cyprus.<br />
The UN has also drawn criticism for perceived failures.<br />
In many cases, member states have shown reluctance<br />
to achieve or enforce Security Council resolutions.<br />
Disagreements in the Security Council about military<br />
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action and intervention are seen as having failed to prevent the Bangladesh genocide in<br />
1971, the Cambodian genocide in the 1970s, and the Rwandan genocide in<br />
1994. Similarly, UN inaction is blamed for failing to either prevent the Srebrenica<br />
massacre in 1995 or complete the peacekeeping operations in 1992–93 during<br />
the Somali Civil War. UN peacekeepers have also been accused of child rape, soliciting<br />
prostitutes, and sexual abuse during various peacekeeping missions in the Democratic<br />
Republic of the Congo, Haiti, Liberia, Sudan and what is now South Sudan, Burundi,<br />
and Ivory Coast. Scientists cited UN peacekeepers from Nepal as the likely source of<br />
the 2010–13 Haiti cholera outbreak, which killed more than 8,000 Haitians following the<br />
2010 Haiti earthquake.<br />
In addition to peacekeeping, the UN is also active in encouraging disarmament.<br />
Regulation of armaments was included in the writing of the UN Charter in 1945 and was<br />
envisioned as a way of limiting the use of human and economic resources for their<br />
creation. The advent of nuclear weapons came only weeks after the signing of the<br />
charter, resulting in the first resolution of the first General Assembly meeting calling for<br />
specific proposals for "the elimination from national armaments of atomic weapons and<br />
of all other major weapons adaptable to mass destruction". The UN has been involved<br />
with arms-limitation treaties, such as the Outer Space Treaty (1967), the Treaty on the<br />
Non-Proliferation of Nuclear Weapons (1968), the Seabed Arms Control Treaty (1971),<br />
the Biological Weapons Convention (1972), the Chemical Weapons Convention (1992),<br />
and the Ottawa Treaty (1997), which prohibits landmines. Three UN bodies oversee<br />
arms proliferation issues: the <strong>International</strong> Atomic Energy Agency, the Organization for<br />
the Prohibition of Chemical Weapons, and the Comprehensive Nuclear-Test-Ban Treaty<br />
Organization Preparatory Commission.<br />
Human Rights<br />
One of the UN's primary purposes is "promoting and encouraging respect for human<br />
rights and for fundamental freedoms for all without distinction as to race, sex, language,<br />
or religion", and member states pledge to undertake "joint and separate action" to<br />
protect these rights.<br />
Eleanor Roosevelt with the<br />
Universal Declaration of Human Rightsin Spanish, 1949<br />
In 1948, the General Assembly adopted a Universal<br />
Declaration of Human Rights, drafted by a committee<br />
headed by American diplomat and activist Eleanor<br />
Roosevelt, and including the French lawyer René<br />
Cassin. The document proclaims basic civil, political,<br />
and economic rights common to all human beings,<br />
though its effectiveness towards achieving these ends has been disputed since its<br />
drafting. The Declaration serves as a "common standard of achievement for all peoples<br />
and all nations" rather than a legally binding document, but it has become the basis of<br />
two binding treaties, the 1966 <strong>International</strong> Covenant on Civil and Political<br />
Rights and <strong>International</strong> Covenant on Economic, Social and Cultural Rights. In practice,<br />
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the UN is unable to take significant action against human rights abuses without a<br />
Security Council resolution, though it does substantial work in investigating and<br />
reporting abuses.<br />
In 1979, the General Assembly adopted the Convention on the Elimination of All Forms<br />
of Discrimination against Women, followed by the Convention on the Rights of the<br />
Child in 1989. With the end of the Cold War, the push for human rights action took on<br />
new impetus. The United Nations Commission on Human Rights was formed in 1993 to<br />
oversee human rights issues for the UN, following the recommendation of that<br />
year's World Conference on Human Rights. Jacques Fomerand, a scholar of the UN,<br />
describes this organization's mandate as "broad and vague", with only "meagre"<br />
resources to carry it out. In 2006, it was replaced by a Human Rights Council consisting<br />
of 47 nations. Also in 2006, the General Assembly passed a Declaration on the Rights<br />
of Indigenous Peoples, and in 2011 it passed its first resolution recognizing the rights<br />
of LGBT people.<br />
Other UN bodies responsible for women's rights issues include United Nations<br />
Commission on the Status of Women, a commission of ECOSOC founded in 1946;<br />
the United Nations Development Fund for Women, created in 1976; and the United<br />
Nations <strong>International</strong> Research and Training Institute for the Advancement of Women,<br />
founded in 1979. The UN Permanent Forum on Indigenous Issues, one of three bodies<br />
with a mandate to oversee issues related to indigenous peoples, held its first session in<br />
2002.<br />
Economic Development and Humanitarian Assistance<br />
Millennium Development Goals<br />
1. Eradicate extreme poverty and hunger<br />
2. Achieve universal primary education<br />
3. Promote gender equality and empower women<br />
4. Reduce child mortality<br />
5. Improve maternal health<br />
6. Combat HIV/AIDS, malaria, and other diseases<br />
7. Ensure environmental sustainability<br />
8. Develop a global partnership for development<br />
Another primary purpose of the UN is "to achieve international co-operation in solving<br />
international problems of an economic, social, cultural, or humanitarian<br />
character". Numerous bodies have been created to work towards this goal, primarily<br />
under the authority of the General Assembly and ECOSOC. In 2000, the 192 UN<br />
member states agreed to achieve eight Millennium Development Goalsby 2015.<br />
The UN Development Programme (UNDP), an organization for grant-based technical<br />
assistance founded in 1945, is one of the leading bodies in the field of international<br />
development. The organization also publishes the UN Human Development Index, a<br />
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comparative measure ranking countries by poverty, literacy, education, life expectancy,<br />
and other factors. The Food and Agriculture Organization (FAO), also founded in 1945,<br />
promotes agricultural development and food security. UNICEF (the United Nations<br />
Children's Fund) was created in 1946 to aid European children after the Second World<br />
War and expanded its mission to provide aid around the world and to uphold the<br />
Convention on the Rights of the Child.<br />
Three former directors of the<br />
Global Smallpox Eradication Program read the news<br />
that smallpox had been globally eradicated, 1980<br />
The World Bank Group and <strong>International</strong> Monetary<br />
Fund (IMF) are independent, specialized agencies and<br />
observers within the UN framework, according to a 1947<br />
agreement. They were initially formed separately from<br />
the UN through the Bretton Woods Agreement in<br />
1944. The World Bank provides loans for international development, while the IMF<br />
promotes international economic co-operation and gives emergency loans to indebted<br />
countries.<br />
In Jordan, UNHCR remains responsible for the<br />
Syrian refugeesand the Zaatari refugee camp<br />
The World Health Organization (WHO), which focuses<br />
on international health issues and disease eradication, is<br />
another of the UN's largest agencies. In 1980, the<br />
agency announced that the eradication of smallpox had<br />
been completed. In subsequent decades, WHO largely<br />
eradicated polio, river blindness, and leprosy. The Joint United Nations Programme on<br />
HIV/AIDS(UNAIDS), begun in 1996, co-ordinates the organization's response to the<br />
AIDS epidemic. The UN Population Fund, which also dedicates part of its resources to<br />
combating HIV, is the world's largest source of funding for reproductive<br />
health and family planning services.<br />
Along with the <strong>International</strong> Red Cross and Red Crescent Movement, the UN often<br />
takes a leading role in co-ordinating emergency relief. The World Food<br />
Programme (WFP), created in 1961, provides food aid in response to famine, natural<br />
disasters, and armed conflict. The organization reports that it feeds an average of 90<br />
million people in 80 nations each year.<br />
The Office of the United Nations High Commissioner for Refugees (UNHCR),<br />
established in 1950, works to protect the rights of refugees, asylum seekers, and<br />
stateless people. UNHCR and WFP programmes are funded by voluntary contributions<br />
from governments, corporations, and individuals, though the UNHCR's administrative<br />
costs are paid for by the UN's primary budget.<br />
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Other<br />
Since the UN's creation, over 80 colonies have attained independence. The General<br />
Assembly adopted the Declaration on the Granting of Independence to Colonial<br />
Countries and Peoples in 1960 with no votes against but abstentions from all major<br />
colonial powers. The UN works towards decolonization through groups including the UN<br />
Committee on Decolonization, created in 1962. The committee lists seventeen<br />
remaining "Non-Self-Governing Territories", the largest and most populous of which<br />
is Western Sahara.<br />
Beginning with the formation of the UN Environmental Programme (UNEP) in 1972, the<br />
UN has made environmental issues a prominent part of its agenda. A lack of success in<br />
the first two decades of UN work in this area led to the 1992 Earth Summit in Rio de<br />
Janeiro, Brazil, which sought to give new impetus to these efforts. In 1988, the UNEP<br />
and the World Meteorological Organization (WMO), another UN organization,<br />
established the Intergovernmental Panel on Climate Change, which assesses and<br />
reports on research on global warming. The UN-sponsored Kyoto Protocol, signed in<br />
1997, set legally binding emissions reduction targets for ratifying states.<br />
The UN also declares and co-ordinates international observances, periods of time to<br />
observe issues of international interest or concern. Examples include World<br />
Tuberculosis Day, Earth Day, and the <strong>International</strong> Year of Deserts and Desertification.<br />
Funding<br />
Top 25 contributors to the United Nations budget for 2016<br />
Member state<br />
Contribution<br />
(% of UN budget)<br />
United States 22.000<br />
Japan 9.680<br />
China 7.921<br />
Germany 6.389<br />
France 4.859<br />
United Kingdom 4.463<br />
Brazil 3.823<br />
Italy 3.748<br />
Russia 3.088<br />
Canada 2.921<br />
Spain 2.443<br />
Australia 2.337<br />
South Korea 2.039<br />
Netherlands 1.482<br />
Mexico 1.435<br />
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Saudi Arabia 1.146<br />
Switzerland 1.140<br />
Turkey 1.018<br />
Sweden 0.956<br />
Argentina 0.892<br />
Belgium 0.885<br />
Norway 0.849<br />
Poland 0.841<br />
India 0.737<br />
Other member states<br />
12.908<br />
The UN is financed from assessed and voluntary contributions from member states. The<br />
General Assembly approves the regular budget and determines the assessment for<br />
each member. This is broadly based on the relative capacity of each country to pay, as<br />
measured by its gross national income (GNI), with adjustments for external debt and<br />
low per capita income. The two-year budget for 2012–13 was $5.512 billion in total.<br />
The Assembly has established the principle that the UN should not be unduly<br />
dependent on any one member to finance its operations. Thus, there is a "ceiling" rate,<br />
setting the maximum amount that any member can be assessed for the regular budget.<br />
In December 2000, the Assembly revised the scale of assessments in response to<br />
pressure from the United States. As part of that revision, the regular budget ceiling was<br />
reduced from 25% to 22%. For the least developed countries (LDCs), a ceiling rate of<br />
0.01% is applied. In addition to the ceiling rates, the minimum amount assessed to any<br />
member nation (or "floor" rate) is set at 0.001% of the UN budget ($55,120 for the two<br />
year budget 2013–2014).<br />
A large share of the UN's expenditure addresses its core mission of peace and security,<br />
and this budget is assessed separately from the main organizational budget. The<br />
peacekeeping budget for the 2015–16 fiscal year was $8.27 billion, supporting 82,318<br />
troops deployed in 15 missions around the world. UN peace operations are funded by<br />
assessments, using a formula derived from the regular funding scale that includes a<br />
weighted surcharge for the five permanent Security Council members, who must<br />
approve all peacekeeping operations. This surcharge serves to offset discounted<br />
peacekeeping assessment rates for less developed countries. In 2017, the top 8<br />
providers of assessed financial contributions to UN peacekeeping operations were<br />
the United<br />
States (28.47%), China (10.25%), Japan (9.68%), Germany(6.39%), France (6.28%), U<br />
nited Kingdom (5.77%), Russian Federation (3.99%) and Italy(3.75%).<br />
Special UN programmes not included in the regular budget, such as UNICEF and the<br />
World Food Programme, are financed by voluntary contributions from member<br />
governments, corporations, and private individuals.<br />
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Evaluations, Awards, and Criticism<br />
The 2001 Nobel Peace Prize to the UN—diploma<br />
in the lobby of the UN Headquarters in New York City<br />
A number of agencies and individuals associated with<br />
the UN have won the Nobel Peace Prize in recognition<br />
of their work. Two Secretaries-General, Dag<br />
Hammarskjöld and Kofi Annan, were each awarded the<br />
prize (in 1961 and 2001, respectively), as were Ralph<br />
Bunche (1950), a UN negotiator, René Cassin (1968),<br />
a contributor to the Universal Declaration of Human<br />
Rights, and the US Secretary of State Cordell Hull (1945), the latter for his role in the<br />
organization's founding. Lester B. Pearson, the Canadian Secretary of State for External<br />
Affairs, was awarded the prize in 1957 for his role in organizing the UN's first<br />
peacekeeping force to resolve the Suez Crisis. UNICEF won the prize in 1965,<br />
the <strong>International</strong> Labour Organization in 1969, the UN Peace-Keeping Forces in 1988,<br />
the <strong>International</strong> Atomic Energy Agency (which reports to the UN) in 2005, and the UNsupported<br />
Organization for the Prohibition of Chemical Weapons in 2013. The UN High<br />
Commissioner for Refugees was awarded in 1954 and 1981, becoming one of only two<br />
recipients to win the prize twice. The UN as a whole was awarded the prize in 2001,<br />
sharing it with Annan.<br />
Since its founding, there have been many calls for reform of the UN but little consensus<br />
on how to do so. Some want the UN to play a greater or more effective role in world<br />
affairs, while others want its role reduced to humanitarian work. There have also been<br />
numerous calls for the UN Security Council's membership to be increased, for different<br />
ways of electing the UN's Secretary-General, and for a UN Parliamentary Assembly.<br />
Jacques Fomerand states the most enduring divide in views of the UN is "the North–<br />
South split" between richer Northern nations and developing Southern nations.<br />
Southern nations tend to favour a more empowered UN with a stronger General<br />
Assembly, allowing them a greater voice in world affairs, while Northern nations prefer<br />
an economically laissez-faire UN that focuses on transnational threats such as<br />
terrorism.<br />
After World War II, the French Committee of National Liberation was late to be<br />
recognized by the US as the government of France, and so the country was initially<br />
excluded from the conferences that created the new organization. The future French<br />
president Charles de Gaulle criticized the UN, famously calling it<br />
a machin ("contraption"), and was not convinced that a global security alliance would<br />
help maintain world peace, preferring direct defence treaties between<br />
countries. Throughout the Cold War, both the US and USSR repeatedly accused the<br />
UN of favouring the other. In 1953, the USSR effectively forced the resignation of<br />
Trygve Lie, the Secretary-General, through its refusal to deal with him, while in the<br />
1950s and 1960s, a popular US bumper sticker read, "You can't spell communism<br />
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without U.N." In a sometimes-misquoted statement, President George W. Bush stated in<br />
February 2003 (referring to UN uncertainty towards Iraqi provocations under the<br />
Saddam Hussein regime) that "free nations will not allow the UN to fade into history as<br />
an ineffective, irrelevant debating society." In contrast, the French President, François<br />
Hollande, stated in 2012 that "France trusts the United Nations. She knows that no<br />
state, no matter how powerful, can solve urgent problems, fight for development and<br />
bring an end to all crises... France wants the UN to be the centre of global<br />
governance." Critics such as Dore Gold, an Israeli diplomat, Robert S. Wistrich, a British<br />
scholar, Alan Dershowitz, an American legal scholar, Mark Dreyfus, an Australian<br />
politician, and the Anti-Defamation League consider UN attention to Israel's treatment of<br />
Palestinians to be excessive. In September 2015, Saudi Arabia's Faisal bin Hassan<br />
Trad has been elected Chair of the UN Human Rights Council panel that appoints<br />
independent experts, a move criticized by human rights groups.<br />
Since 1971, the Republic of China (Taiwan) has been excluded from the UN and since<br />
then has always been rejected in new applications. Citizens of this country are also not<br />
allowed to enter the buildings of the United Nations with the passport of Taiwan. In this<br />
way, critics agree that the UN is failing its own development goals and guidelines. This<br />
criticism also brought pressure from the People's Republic of China, which regards the<br />
territories administered by Taiwan as their own territory.<br />
Critics have also accused the UN of bureaucratic inefficiency, waste, and corruption. In<br />
1976, the General Assembly established the Joint Inspection Unit to seek out<br />
inefficiencies within the UN system. During the 1990s, the US withheld dues citing<br />
inefficiency and only started repayment on the condition that a major reforms initiative<br />
was introduced. In 1994, the Office of Internal Oversight Services (OIOS) was<br />
established by the General Assembly to serve as an efficiency watchdog. In 1994,<br />
former Special Representative of the Secretary-General of the UN to Somalia Mohamed<br />
Sahnoun published "Somalia: The Missed Opportunities", a book in which he analyses<br />
the reasons for the failure of the 1992 UN intervention in Somalia, showing that,<br />
between the start of the Somali civil war in 1988 and the fall of the Siad Barreregime in<br />
January 1991, the UN missed at least three opportunities to prevent major human<br />
tragedies; when the UN tried to provide humanitarian assistance, they were totally<br />
outperformed by NGOs, whose competence and dedication sharply contrasted with the<br />
UN's excessive caution and bureaucratic inefficiencies. If radical reform was not<br />
undertaken, warned Mohamed Sahnoun, then the UN would continue to respond to<br />
such crisis with inept improvization. In 2004, the UN faced accusations that its recently<br />
ended Oil-for-Food Programme—in which Iraq had been allowed to trade oil for basic<br />
needs to relieve the pressure of sanctions—had suffered from widespread corruption,<br />
including billions of dollars of kickbacks. An independent inquiry created by the UN<br />
found that many of its officials had been involved, as well as raising "significant"<br />
questions about the role of Kojo Annan, the son of Kofi Annan.<br />
In evaluating the UN as a whole, Jacques Fomerand writes that the "accomplishments<br />
of the United Nations in the last 60 years are impressive in their own terms. Progress in<br />
human development during the 20th century has been dramatic and the UN and its<br />
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agencies have certainly helped the world become a more hospitable and livable place<br />
for millions." Evaluating the first 50 years of the UN's history, the author Stanley Meisler<br />
writes that "the United Nations never fulfilled the hopes of its founders, but it<br />
accomplished a great deal nevertheless", citing its role in decolonization and its many<br />
successful peacekeeping efforts. The British historian Paul Kennedy states that while<br />
the organization has suffered some major setbacks, "when all its aspects are<br />
considered, the UN has brought great benefits to our generation and ... will bring<br />
benefits to our children's and grandchildren's generations as well."<br />
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V. The <strong>International</strong> Court<br />
of <strong>Justice</strong><br />
The <strong>International</strong> Court of <strong>Justice</strong> (abbreviated ICJ; commonly referred to<br />
as the World Court) is the principal judicial organ of the United Nations (UN). It settles<br />
legal disputes between member states and gives advisory opinions to authorized UN<br />
organs and specialized agencies. It comprises a panel of 15 judges elected by the<br />
General Assembly and Security Council for nine-year terms. It is seated in the Peace<br />
Palace in The Hague, Netherlands.<br />
Established in 1945 by the UN Charter, the court began<br />
work in 1946 as the successor to the Permanent Court of<br />
<strong>International</strong> <strong>Justice</strong>. The Statute of the <strong>International</strong><br />
Court of <strong>Justice</strong>, similar to that of its predecessor, is<br />
the main constitutional document constituting and<br />
regulating the court.<br />
The court's workload covers a wide range of judicial<br />
activity. After the court ruled that the United States's<br />
covert war against Nicaragua was in violation of<br />
international law (Nicaragua v. United States), the<br />
United States withdrew from compulsory jurisdiction in<br />
1986 to accept the court's jurisdiction only on a case-by-case basis.<br />
Chapter XIV of the United Nations Charter authorizes the UN Security Council to<br />
enforce Court rulings. However, such enforcement is subject to the veto power of the<br />
five permanent members of the Council, which the United States used in the Nicaragua<br />
case.<br />
Composition<br />
Public hearing at the ICJ.<br />
The ICJ is composed of fifteen [15] judges elected to<br />
nine-year terms by the UN General Assembly and the<br />
UN Security Council from a list of people nominated by<br />
the national groups in the Permanent Court of<br />
Arbitration. The election process is set out in Articles<br />
4–19 of the ICJ statute. Elections are staggered, with<br />
five judges elected every three years to ensure<br />
continuity within the court. Should a judge die in office,<br />
the practice has generally been to elect a judge in a<br />
special election to complete the term.<br />
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No two judges may be nationals of the same country. According to Article 9, the<br />
membership of the court is supposed to represent the "main forms of civilization and of<br />
the principal legal systems of the world". Essentially, that has meant common law, civil<br />
law and socialist law (now post-communist law).<br />
There is an informal understanding that the seats will be distributed by geographic<br />
regions so that there are five seats for Western countries, three for African states<br />
(including one judge of francophone civil law, one of Anglophone common law and one<br />
Arab), two for Eastern European states, three for Asian states and two for Latin<br />
American and Caribbean states. For most of the court's history, the five permanent<br />
members of the United Nations Security Council (France, Russia, China, the United<br />
Kingdom, and the United States) have always had a judge serving, thereby occupying<br />
three of the Western seats, one of the Asian seats and one of the Eastern European<br />
seats. Exceptions have been China not having a judge on the court from 1967 to 1985,<br />
during which time it did not put forward a candidate, and British judge Sir Christopher<br />
Greenwood being withdrawn as a candidate for election for a second nine-year term on<br />
the bench in 2017, leaving no judges from the United Kingdom on the court. [7]<br />
Greenwood had been supported by the UN Security Council but failed to get a majority<br />
in the UN General Assembly. Indian judge Dalveer Bhandari instead took the seat. [7]<br />
Article 6 of the Statute provides that all judges should be "elected regardless of their<br />
nationality among persons of high moral character" who are either qualified for the<br />
highest judicial office in their home states or known as lawyers with sufficient<br />
competence in international law. Judicial independence is dealt with specifically in<br />
Articles 16–18. Judges of the ICJ are not able to hold any other post or act as counsel.<br />
In practice, members of the court have their own interpretation of these rules and allow<br />
them to be involved in outside arbitration and hold professional posts as long as there is<br />
no conflict of interest. A judge can be dismissed only by a unanimous vote of the other<br />
members of the court. Despite these provisions, the independence of ICJ judges has<br />
been questioned. For example, during the Nicaragua case, the United States issued a<br />
communiqué suggesting that it could not present sensitive material to the court because<br />
of the presence of judges from Eastern bloc states.<br />
Judges may deliver joint judgments or give their own separate opinions. Decisions and<br />
Advisory Opinions are by majority, and, in the event of an equal division, the President's<br />
vote becomes decisive, which occurred in the Legality of the Use by a State of Nuclear<br />
Weapons in Armed Conflict (Opinion requested by WHO), [1996] ICJ Reports 66.<br />
Judges may also deliver separate dissenting opinions.<br />
Ad hoc Judges<br />
Article 31 of the statute sets out a procedure whereby ad hoc judges sit on contentious<br />
cases before the court. The system allows any party to a contentious case (if it<br />
otherwise does not have one of that party's nationals sitting on the court) to select one<br />
additional person to sit as a judge on that case only. It is thus possible that as many as<br />
seventeen judges may sit on one case.<br />
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The system may seem strange when compared with domestic court processes, but its<br />
purpose is to encourage states to submit cases. For example, if a state knows that it will<br />
have a judicial officer who can participate in deliberation and offer other judges local<br />
knowledge and an understanding of the state's perspective, it may be more willing to<br />
submit to the jurisdiction of the court. Although this system does not sit well with the<br />
judicial nature of the body, it is usually of little practical consequence. Ad hoc judges<br />
usually (but not always) vote in favour of the state that appointed them and thus cancel<br />
each other out.<br />
Chambers<br />
Generally, the court sits as full bench, but in the last fifteen years, it has on occasion sat<br />
as a chamber. Articles 26–29 of the statute allow the court to form smaller chambers,<br />
usually 3 or 5 judges, to hear cases. Two types of chambers are contemplated by<br />
Article 26: firstly, chambers for special categories of cases, and second, the formation of<br />
ad hoc chambers to hear particular disputes. In 1993, a special chamber was<br />
established, under Article 26(1) of the ICJ statute, to deal specifically with environmental<br />
matters (although it has never been used).<br />
Ad hoc chambers are more frequently convened. For example, chambers were used to<br />
hear the Gulf of Maine Case (Canada/US). In that case, the parties made clear they<br />
would withdraw the case unless the court appointed judges to the chamber acceptable<br />
to the parties. Judgments of chambers may either less authority than full Court<br />
judgments or diminish the proper interpretation of universal international law informed<br />
by a variety of cultural and legal perspectives. On the other hand, the use of chambers<br />
might encourage greater recourse to the court and thus enhance international dispute<br />
resolution.<br />
Current Composition<br />
As of 22 June 2018, the composition of the court is as follows:<br />
Name Nationality Position Term began Term ends<br />
Abdulqawi Ahmed Yusuf Somalia President a 2009 2027<br />
Xue Hanqin China Vice-President a 2010 2021<br />
Yuji Iwasawa Japan Member 2018 2021<br />
Peter Tomka Slovakia Member 2003 2021<br />
Mohamed Bennouna Morocco Member 2006 2024<br />
Antônio Augusto Cançado Trindade Brazil Member 2009 2027<br />
Nawaf Salam Lebanon Member 2018 2027<br />
Ronny Abraham France Member 2005 2027<br />
Joan E. Donoghue United States Member 2010 2024<br />
Giorgio Gaja Italy Member 2012 2021<br />
Julia Sebutinde Uganda Member 2012 2021<br />
Dalveer Bhandari India Member 2012 2027<br />
James Crawford Australia Member 2015 2024<br />
Kirill Gevorgian Russia Member 2015 2024<br />
Page 91 of 198
Patrick Lipton Robinson Jamaica Member 2015 2024<br />
Philippe Couvreur Belgium Registrar 2014 2021<br />
a<br />
2018–2021.<br />
Presidents<br />
# President Start End Country<br />
1 José Gustavo Guerrero 1946 1949 El Salvador<br />
2 Jules Basdevant 1949 1952 France<br />
3 Arnold McNair 1952 1955 United Kingdom<br />
4 Green Hackworth 1955 1958 United States<br />
5 Helge Klæstad 1958 1961 Norway<br />
6 Bohdan Winiarski 1961 1964 Poland<br />
7 Percy Spender 1964 1967 Australia<br />
8 José Bustamante y Rivero 1967 1970 Peru<br />
9 Muhammad Zafarullah Khan 1970 1973 Pakistan<br />
10 Manfred Lachs 1973 1976 Poland<br />
11 Eduardo Jiménez de Aréchaga 1976 1979 Uruguay<br />
12 Humphrey Waldock 1979 1981 United Kingdom<br />
13 Taslim Elias 1982 1985 Nigeria<br />
14 Nagendra Singh 1985 1988 India<br />
15 José Ruda 1988 1991 Argentina<br />
16 Robert Jennings 1991 1994 United Kingdom<br />
17 Mohammed Bedjaoui 1994 1997 Algeria<br />
18 Stephen Schwebel 1997 2000 United States<br />
19 Gilbert Guillaume 2000 2003 France<br />
20 Shi Jiuyong 2003 2006 China<br />
21 Rosalyn Higgins 2006 2009 United Kingdom<br />
22 Hisashi Owada 2009 2012 Japan<br />
23 Peter Tomka 2012 2015 Slovakia<br />
24 Ronny Abraham 2015 2018 France<br />
25 Abdulqawi Yusuf 2018 Somalia<br />
Jurisdiction<br />
As stated in Article 93 of the UN Charter, all 193 UN members are automatically parties<br />
to the court's statute. Non-UN members may also become parties to the court's statute<br />
under the Article 93(2) procedure. For example, before becoming a UN member state,<br />
Switzerland used this procedure in 1948 to become a party, and Nauru became a party<br />
in 1988. Once a state is a party to the court's statute, it is entitled to participate in cases<br />
before the court.<br />
However, being a party to the statute does not automatically give the court jurisdiction<br />
over disputes involving those parties. The issue of jurisdiction is considered in the three<br />
types of ICJ cases: contentious issues, incidental jurisdiction, and advisory opinions.<br />
Page 92 of 198
Contentious Issues<br />
Play media<br />
In contentious cases (adversarial proceedings seeking to settle a dispute), the ICJ<br />
produces a binding ruling between states that agree to submit to the ruling of the court.<br />
Only states may be parties in contentious cases. Individuals, corporations, parts of a<br />
federal state, NGOs, UN organs and self-determination groups are excluded from direct<br />
participation in cases although the court may receive information from public<br />
international organizations. That does not preclude non-state interests from being the<br />
subject of proceedings if a state brings the case against another. For example, a state<br />
may, in cases of "diplomatic protection", bring a case on behalf of one of its nationals or<br />
corporations.<br />
Jurisdiction is often a crucial question for the court in contentious cases. (See<br />
Procedure below.) The key principle is that the ICJ has jurisdiction only on the basis of<br />
consent. Article 36 outlines four bases on which the court's jurisdiction may be founded:<br />
<br />
<br />
<br />
First, 36(1) provides that parties may refer cases to the court (jurisdiction<br />
founded on "special agreement" or "compromis"). This method is based on<br />
explicit consent rather than true compulsory jurisdiction. It is, perhaps, the most<br />
effective basis for the court's jurisdiction because the parties concerned have a<br />
desire for the dispute to be resolved by the court and are thus more likely to<br />
comply with the court's judgment.<br />
Second, 36(1) also gives the court jurisdiction over "matters specifically provided<br />
for... in treaties and conventions in force". Most modern treaties contain a<br />
compromissory clause, providing for dispute resolution by the ICJ. Cases<br />
founded on compromissory clauses have not been as effective as cases founded<br />
on special agreement since a state may have no interest in having the matter<br />
examined by the court and may refuse to comply with a judgment. For example,<br />
during the Iran hostage crisis, Iran refused to participate in a case brought by the<br />
US based on a compromissory clause contained in the Vienna Convention on<br />
Diplomatic Relations and did not comply with the judgment. Since the 1970s, the<br />
use of such clauses has declined. Many modern treaties set out their own<br />
dispute resolution regime, often based on forms of arbitration.<br />
Third, Article 36(2) allows states to make optional clause declarations accepting<br />
the court's jurisdiction. The label "compulsory" sometimes placed on Article 36(2)<br />
jurisdiction is misleading since declarations by states are voluntary. Furthermore,<br />
many declarations contain reservations, such as exclusion from jurisdiction<br />
certain types of disputes ("ratione materia"). The principle of reciprocity may<br />
further limit jurisdiction. As of February 2011, sixty-six states had a declaration in<br />
force. Of the permanent Security Council members, only the United Kingdom has<br />
a declaration. In the court's early years, most declarations were made by<br />
industrialized countries. Since the Nicaragua Case, declarations made by<br />
Page 93 of 198
developing countries have increased, reflecting a growing confidence in the court<br />
since the 1980s. Industrialized countries, however, have sometimes increased<br />
exclusions or removed their declarations in recent years. Examples include the<br />
United States, as mentioned previously, and Australia, which modified its<br />
declaration in 2002 to exclude disputes on maritime boundaries (most likely to<br />
prevent an impending challenge from East Timor, which gained their<br />
independence two months later).<br />
<br />
<br />
Finally, 36(5) provides for jurisdiction on the basis of declarations made under<br />
the Permanent Court of <strong>International</strong> <strong>Justice</strong>'s statute. Article 37 of the Statute<br />
similarly transfers jurisdiction under any compromissory clause in a treaty that<br />
gave jurisdiction to the PCIJ.<br />
In addition, the court may have jurisdiction on the basis of tacit consent (forum<br />
prorogatum). In the absence of clear jurisdiction under Article 36, jurisdiction is<br />
established if the respondent accepts ICJ jurisdiction explicitly or simply pleads<br />
on the merits. The notion arose in the Corfu Channel Case (UK v Albania)<br />
(1949), in which the court held that a letter from Albania stating that it submitted<br />
to the jurisdiction of the ICJ was sufficient to grant the court jurisdiction.<br />
Incidental jurisdiction<br />
Until rendering a final judgment, the court has competence to order interim measures<br />
for the protection of the rights of a party to a dispute. One or both parties to a dispute<br />
may apply the ICJ for issuing interim measures. In the Frontier Dispute Case, both<br />
parties to the dispute, Burkina Faso and Mali submitted an application to the court to<br />
indicate interim measures. Incidental jurisdiction of the court derives from the Article 41<br />
of the Statute of it. Such as the final judgment, the order for interim measures of the<br />
court are binding on state parties to the dispute. The ICJ has competence to indicate<br />
interim measures only if the prima facie jurisdiction is satisfied.<br />
Advisory Opinions<br />
Audience of the "Accordance with <strong>International</strong> <strong>Law</strong> of the<br />
Unilateral Declaration of Independence by the Provisional<br />
Institutions of Self-Government of Kosovo"<br />
An advisory opinion is a function of the court open only<br />
to specified United Nations bodies and agencies. The<br />
UN Charter grants the General Assembly or the<br />
Security Council a power to request the court to issue<br />
an advisory opinion on any legal question. Other organs of the UN rather than GA and<br />
SC may not request an advisory opinion of the ICJ unless the General Assembly<br />
authorizes them. Other organs of the UN only request an advisory opinion of the court<br />
regarding the matters falling into the scope of their activities. On receiving a request, the<br />
court decides which states and organizations might provide useful information and gives<br />
them an opportunity to present written or oral statements. Advisory opinions were<br />
Page 94 of 198
intended as a means by which UN agencies could seek the court's help in deciding<br />
complex legal issues that might fall under their respective mandates.<br />
In principle, the court's advisory opinions are only consultative in character but they are<br />
influential and widely respected. Certain instruments or regulations can provide in<br />
advance that the advisory opinion shall be specifically binding on particular agencies or<br />
states, but inherently, they are non-binding under the Statute of the Court. This nonbinding<br />
character does not mean that advisory opinions are without legal effect,<br />
because the legal reasoning embodied in them reflects the court's authoritative views on<br />
important issues of international law. In arriving at them, the court follows essentially the<br />
same rules and procedures that govern its binding judgments delivered in contentious<br />
cases submitted to it by sovereign states.<br />
An advisory opinion derives its status and authority from the fact that it is the official<br />
pronouncement of the principal judicial organ of the United Nations.<br />
Advisory opinions have often been controversial because the questions asked are<br />
controversial or the case was pursued as an indirect way of bringing what is really a<br />
contentious case before the court. Examples of advisory opinions can be found in the<br />
section advisory opinions in the List of <strong>International</strong> Court of <strong>Justice</strong> cases article. One<br />
such well-known advisory opinion is the Nuclear Weapons Case.<br />
ICJ and the Security Council<br />
Article 94 establishes the duty of all UN members to comply with decisions of the court<br />
involving them. If parties do not comply, the issue may be taken before the Security<br />
Council for enforcement action. There are obvious problems with such a method of<br />
enforcement. If the judgment is against one of the permanent five members of the<br />
Security Council or its allies, any resolution on enforcement would then be vetoed. That<br />
occurred, for example, after the Nicaragua case, when Nicaragua brought the issue of<br />
Page 95 of 198
the United States' noncompliance with the court's decision before the Security Council.<br />
Furthermore, if the Security Council refuses to enforce a judgment against any other<br />
state, there is no method of forcing the state to comply. Furthermore, the most effective<br />
form to take action for the Security Council, coercive action under Chapter VII of the<br />
United Nations Charter, can be justified only if international peace and security are at<br />
stake. The Security Council has never done that so far.<br />
The relationship between the ICJ and the Security Council, and the separation of their<br />
powers, was considered by the court in 1992 in the Pan Am case. The court had to<br />
consider an application from Libya for the order of provisional measures to protect its<br />
rights, which, it alleged, were being infringed by the threat of economic sanctions by the<br />
United Kingdom and United States. The problem was that these sanctions had been<br />
authorized by the Security Council, which resulted in a potential conflict between the<br />
Chapter VII functions of the Security Council and the judicial function of the court. The<br />
court decided, by eleven votes to five, that it could not order the requested provisional<br />
measures because the rights claimed by Libya, even if legitimate under the Montreal<br />
Convention, could not be prima facie regarded as appropriate since the action was<br />
ordered by the Security Council. In accordance with Article 103 of the UN Charter,<br />
obligations under the Charter took precedence over other treaty obligations.<br />
Nevertheless, the court declared the application admissible in 1998. A decision on the<br />
merits has not been given since the parties (United Kingdom, United States, and Libya)<br />
settled the case out of court in 2003.<br />
There was a marked reluctance on the part of a majority of the court to become involved<br />
in a dispute in such a way as to bring it potentially into conflict with the Council. The<br />
court stated in the Nicaragua case that there is no necessary inconsistency between<br />
action by the Security Council and adjudication by the ICJ. However, when there is<br />
room for conflict, the balance appears to be in favour of the Security Council.<br />
Should either party fail "to perform the obligations incumbent upon it under a judgment<br />
rendered by the Court", the Security Council may be called upon to "make<br />
recommendations or decide upon measures" if the Security Council deems such actions<br />
necessary. In practice, the court's powers have been limited by the unwillingness of the<br />
losing party to abide by the court's ruling and by the Security Council's unwillingness to<br />
impose consequences. However, in theory, "so far as the parties to the case are<br />
concerned, a judgment of the Court is binding, final and without appeal", and "by signing<br />
the Charter, a State Member of the United Nations undertakes to comply with any<br />
decision of the <strong>International</strong> Court of <strong>Justice</strong> in a case to which it is a party."<br />
For example, the United States had previously accepted the court's compulsory<br />
jurisdiction upon its creation in 1946 but in 1984, after Nicaragua v. United States,<br />
withdrew its acceptance following the court's judgment that called on the US to "cease<br />
and to refrain" from the "unlawful use of force" against the government of Nicaragua.<br />
The court ruled (with only the American judge dissenting) that the United States was "in<br />
breach of its obligation under the Treaty of Friendship with Nicaragua not to use force<br />
against Nicaragua" and ordered the United States to pay war reparations.<br />
Page 96 of 198
Examples of Contentious Cases<br />
<br />
<br />
A complaint by the United States in 1980 that Iran was detaining American<br />
diplomats in Tehran in violation of international law.<br />
A dispute between Tunisia and Libya over the delimitation of the continental shelf<br />
between them.<br />
<br />
<br />
<br />
<br />
A complaint by Iran after the shooting down of Iran Air Flight 655 by the United<br />
States Navy guided missile cruiser.<br />
A dispute over the course of the maritime boundary dividing the U.S. and Canada<br />
in the Gulf of Maine area.<br />
A complaint by the Federal Republic of Yugoslavia against the member states of<br />
the North Atlantic Treaty Organization regarding their actions in the Kosovo War.<br />
This was denied on 15 December 2004 because of lack of jurisdiction, the FRY<br />
not being a party to the ICJ statute at the time it made the application.<br />
A complaint by the Republic of Macedonia (former Yugoslav Republic of<br />
Macedonia) that Greece is, by vetoing its accession to NATO, in violation of the<br />
Interim Accord of 13 September 1995 between the two countries. The complaint<br />
was decided in favour of Macedonia on 5 December 2011.<br />
Page 97 of 198
A complaint by the Democratic Republic of the Congo that the DRC's sovereignty<br />
had been violated by Uganda and that DRC had lost billions of dollars worth of<br />
resources, was decided in favour of the DRC.<br />
A complaint by the Republic of India that a Pakistani military court gave a death<br />
sentence to Indian Jadhav for alleged espionage and subversive activities<br />
Kulbhushan Jadhav case.<br />
<strong>Law</strong> Applied<br />
When deciding cases, the court applies international law as summarized in Article 38 of<br />
the ICJ Statute, which provides that in arriving at its decisions the court shall apply<br />
international conventions, international custom and the "general principles of law<br />
recognized by civilized nations." It may also refer to academic writing ("the teachings of<br />
the most highly qualified publicists of the various nations") and previous judicial<br />
decisions to help interpret the law although the court is not formally bound by its<br />
previous decisions under the doctrine of stare decisis. Article 59 makes clear that the<br />
common law notion of precedent or stare decisis does not apply to the decisions of the<br />
ICJ. The court's decision binds only the parties to that particular controversy. Under<br />
38(1)(d), however, the court may consider its own previous decisions.<br />
If the parties agree, they may also grant the court the liberty to decide ex aequo et bono<br />
("in justice and fairness"), granting the ICJ the freedom to make an equitable decision<br />
based on what is fair under the circumstances. That provision has not been used in the<br />
court's history. So far, the <strong>International</strong> Court of <strong>Justice</strong> has dealt with about 130 cases.<br />
Procedure<br />
The ICJ is vested with the power to make its own rules. Court procedure is set out in the<br />
Rules of Court of the <strong>International</strong> Court of <strong>Justice</strong> 1978 (as amended on 29 September<br />
2005).<br />
Cases before the ICJ will follow a standard pattern. The case is lodged by the applicant,<br />
which files a written memorial setting out the basis of the court's jurisdiction and the<br />
merits of its claim. The respondent may accept the court's jurisdiction and file its own<br />
memorial on the merits of the case.<br />
Preliminary Objections<br />
A respondent that does not wish to submit to the jurisdiction of the court may raise<br />
preliminary objections. Any such objections must be ruled upon before the court can<br />
address the merits of the applicant's claim. Often, a separate public hearing is held on<br />
the preliminary objections and the court will render a judgment. Respondents normally<br />
file preliminary objections to the jurisdiction of the court and/or the admissibility of the<br />
case. Inadmissibility refers to a range of arguments about factors the court should take<br />
Page 98 of 198
into account in deciding jurisdiction, such as the fact that the issue is not justiciable or<br />
that it is not a "legal dispute".<br />
In addition, objections may be made because all necessary parties are not before the<br />
court. If the case necessarily requires the court to rule on the rights and obligations of a<br />
state that has not consented to the court's jurisdiction, the court does not proceed to<br />
issue a judgment on the merits.<br />
If the court decides it has jurisdiction and the case is admissible, the respondent then is<br />
required to file a Memorial addressing the merits of the applicant's claim. Once all<br />
written arguments are filed, the court holds a public hearing on the merits.<br />
Once a case has been filed, any party (usually the applicant) may seek an order from<br />
the court to protect the status quo pending the hearing of the case. Such orders are<br />
known as Provisional (or Interim) Measures and are analogous to interlocutory<br />
injunctions in United States law. Article 41 of the statute allows the court to make such<br />
orders. The court must be satisfied to have prima facie jurisdiction to hear the merits of<br />
the case before it grants provisional measures.<br />
Applications to Intervene<br />
In cases in which a third state's interests are affected, that state may be permitted to<br />
intervene in the case and participate as a full party. Under Article 62, a state "with an<br />
interest of a legal nature" may apply; however, it is within the court's discretion whether<br />
or not to allow the intervention. Intervention applications are rare, and the first<br />
successful application occurred only in 1991.<br />
Page 99 of 198
Judgment and Remedies<br />
Once deliberation has taken place, the court issues a majority opinion. Individual judges<br />
may issue concurring opinions (if they agree with the outcome reached in the judgment<br />
of the court but differ in their reasoning) or dissenting opinions (if they disagree with the<br />
majority). No appeal is possible, but any party may ask for the court to clarify if there is<br />
a dispute as to the meaning or scope of the court's judgment.<br />
Criticisms<br />
The <strong>International</strong> Court has been criticized with respect to its rulings, its procedures,<br />
and its authority. As with criticisms of the United Nations, many of these criticisms refer<br />
more to the general authority assigned to the body by member states through its charter<br />
than to specific problems with the composition of judges or their rulings. Major criticisms<br />
include the following:<br />
<br />
<br />
<br />
<br />
"Compulsory" jurisdiction is limited to cases where both parties have agreed to<br />
submit to its decision, and so instances of aggression tend to be automatically<br />
escalated to and adjudicated by the Security Council. According to the<br />
sovereignty principle of international law, no nation is superior or inferior against<br />
another. Therefore, there is no entity that could force the states into practice of<br />
the law or punish the states in case any violation of international law occurs.<br />
Therefore, the absence of binding force means that the 193 member states of the<br />
ICJ do not necessarily have to accept the jurisdiction. Moreover, membership in<br />
the UN and ICJ does not give the court automatic jurisdiction over the member<br />
states, but it is the consent of each state to follow the jurisdiction that matters.<br />
Organizations, private enterprises, and individuals cannot have their cases taken<br />
to the <strong>International</strong> Court or appeal a national supreme court's ruling. UN<br />
agencies likewise cannot bring up a case except in advisory opinions (a process<br />
initiated by the court and non-binding). Only states can bring the cases and<br />
become the defendants of the cases. This also means that the potential victims<br />
of crimes against humanity, such as minor ethnic groups or indigenous peoples,<br />
may not have appropriate backing by a state.<br />
Other existing international thematic courts, such as the ICC, are not under the<br />
umbrella of the <strong>International</strong> Court. Unlike ICJ, international thematic courts like<br />
ICC work independently from United Nations. Such dualistic structure between<br />
various international courts sometimes makes it hard for the courts to engage in<br />
effective and collective jurisdiction.<br />
The <strong>International</strong> Court does not enjoy a full separation of powers, with<br />
permanent members of the Security Council being able to veto enforcement of<br />
cases, even those to which they consented to be bound. Because the jurisdiction<br />
does not have binding force itself, in many cases, the instances of aggression<br />
Page 100 of 198
are adjudicated by Security Council by adopting a resolution, etc. There is,<br />
therefore, a likelihood for the permanent member states of Security Council to<br />
avoid the responsibility brought up by <strong>International</strong> Court of <strong>Justice</strong>, as shown in<br />
the example of Nicaragua v. United States.<br />
________<br />
List of <strong>International</strong> Court of <strong>Justice</strong> Cases<br />
This is a list of contentious cases and advisory opinions brought to the <strong>International</strong><br />
Court of <strong>Justice</strong> since its creation in 1946. 165 cases have been entered onto the<br />
General List for consideration before the court.<br />
The jurisdiction of the ICJ is limited. Only states have standing to bring a compulsory<br />
claim against another state, and then only with the consent of the responding state.<br />
However, certain United Nations bodies and agencies such as the UN General<br />
Assembly have the power to submit questions for advisory opinions. Although these<br />
advisory opinions are not binding under international law, they do provide the ICJ's<br />
interpretation of what international law is.<br />
List of Cases<br />
The list is organized by and includes only those disputes assigned a General List<br />
number by the registrar of the court. In the early days of the court, any formally correct<br />
application was accepted by the registrar and entered on to the General List. If there<br />
was no jurisdiction (because of lack of consent by the responding party), the case was<br />
soon closed by the court. In 1978, however, the Court amended its rules and instructed<br />
the registrar to only enter a case on the General List if there was consent by the<br />
responding party, seemingly reducing the problem of meritless applications. However,<br />
at times consent and therefore jurisdiction is contested by the responding party. Such a<br />
case may be ordered to be added to the General List over the protestations of the<br />
respondent to allow the court to decide whether there is consent. In such a situation,<br />
however, the mere addition of a dispute to the General List does not have legal<br />
significance.<br />
No. Name Applicant Respondent<br />
Case<br />
began<br />
22 May<br />
1947<br />
Case<br />
ended<br />
9 April<br />
1949<br />
1 Corfu Channel Case<br />
United<br />
Kingdom<br />
Albania<br />
2 General List Number 2 assigned to some elements of Corfu Channel Case<br />
Conditions of Admission of a<br />
24<br />
9 April<br />
3 State to Membership in the<br />
United Nations General Assembly November<br />
1949<br />
United Nations<br />
1947<br />
4<br />
Reparation for Injuries<br />
Suffered in the Service of the<br />
United Nations<br />
5 Fisheries Case<br />
6<br />
United Nations General Assembly<br />
United<br />
Kingdom<br />
Norway<br />
Case Concerning the<br />
Protection of French France Egypt<br />
7<br />
December<br />
1948<br />
28<br />
September<br />
1949<br />
13<br />
October<br />
11 April<br />
1949<br />
18<br />
December<br />
1951<br />
29 March<br />
1950<br />
Disposition<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
Discontinued<br />
Page 101 of 198
Nationals and Protected<br />
Persons in Egypt<br />
7 Asylum Case Colombia Peru<br />
8<br />
9<br />
10<br />
11<br />
12<br />
13<br />
Interpretation of Peace<br />
Treaties with Bulgaria,<br />
Hungary and Romania<br />
Competence of the General<br />
Assembly for the Admission<br />
of a State to the United<br />
Nations<br />
<strong>International</strong> Status of South<br />
West Africa<br />
Rights of Nationals of the<br />
United States of America in<br />
Morocco<br />
Reservations to the<br />
Convention on the Prevention<br />
and Punishment of the Crime<br />
of Genocide<br />
Request for Interpretation of<br />
the Judgment of 20<br />
November 1950 in the Asylum<br />
Case<br />
United Nations General Assembly<br />
United Nations General Assembly<br />
United Nations General Assembly<br />
France<br />
United States<br />
United Nations General Assembly<br />
Colombia<br />
Peru<br />
14 Haya de la Torre Colombia Peru<br />
15 Ambatielos Case Greece<br />
16 Anglo-Iranian Oil Co.<br />
United<br />
Kingdom<br />
17 Minquiers and Ecrehos Case France<br />
United<br />
Kingdom<br />
Iran<br />
United<br />
Kingdom<br />
18 Nottebohm Case Liechtenstein Guatemala<br />
1949<br />
15<br />
October<br />
1949<br />
31<br />
October<br />
1949<br />
28<br />
November<br />
1949<br />
27<br />
December<br />
1949<br />
28<br />
October<br />
1950<br />
20<br />
November<br />
1950<br />
20<br />
November<br />
1950<br />
13<br />
December<br />
1950<br />
9 April<br />
1951<br />
26 May<br />
1951<br />
5<br />
December<br />
1951<br />
17<br />
December<br />
1951<br />
20<br />
November<br />
1950<br />
18 July<br />
1950<br />
3 March<br />
1950<br />
11 July<br />
1950<br />
27 August<br />
1952<br />
28 May<br />
1951<br />
27<br />
November<br />
1950<br />
19 May<br />
1953<br />
9 April<br />
1951<br />
22 July<br />
1952<br />
17<br />
November<br />
1953<br />
6 April<br />
1955<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Opinion on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Admissibility<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
19<br />
20<br />
21<br />
22<br />
23<br />
24<br />
25<br />
Monetary Gold Removed from<br />
Rome in 1943<br />
Italy<br />
France /<br />
United<br />
Kingdom /<br />
United States<br />
Electricite de Beyrouth<br />
Company Case France Lebanon<br />
Effect of Awards of<br />
Compensation Made by the<br />
United Nations Administrative United Nations General Assembly<br />
Tribunal<br />
Treatment in Hungary of<br />
Aircraft and Crew of the<br />
United States (United States<br />
v. Hungary)<br />
Treatment in Hungary of<br />
Aircraft and Crew of the<br />
United States (United States<br />
v. Soviet Union)<br />
Voting Procedure on<br />
Questions relating to Reports<br />
and Petitions concerning the<br />
Territory of South West Africa<br />
Aerial Incident of 10 March<br />
1953<br />
26 Antarctica (UK v. Argentina)<br />
27 Antarctica (UK v. Chile)<br />
United<br />
States<br />
United<br />
States<br />
Hungary<br />
Soviet Union<br />
United Nations General Assembly<br />
United<br />
States<br />
United<br />
Kingdom<br />
United<br />
Kingdom<br />
Czechoslovakia<br />
Argentina<br />
Chile<br />
19 May<br />
1953<br />
15 August<br />
1953<br />
21<br />
December<br />
1953<br />
3 March<br />
1954<br />
3 March<br />
1954<br />
6<br />
December<br />
1954<br />
29 March<br />
1955<br />
4 May<br />
1955<br />
4 May<br />
1955<br />
15 June<br />
1954<br />
29 July<br />
1954<br />
13 July<br />
1954<br />
12 July<br />
1954<br />
12 July<br />
1954<br />
7 June<br />
1955<br />
14 March<br />
1956<br />
16 March<br />
1956<br />
16 March<br />
1956<br />
Judgment on<br />
Jurisdiction<br />
Case Dismissed<br />
Opinion on<br />
Merits<br />
Discontinued<br />
Discontinued<br />
Opinion on<br />
Merits<br />
Discontinued<br />
Discontinued<br />
Discontinued<br />
Page 102 of 198
28<br />
Aerial Incident of 7 October<br />
1952<br />
United<br />
States<br />
Soviet Union<br />
29 Certain Norwegian Loans France Norway<br />
30<br />
31<br />
32<br />
33<br />
Judgements of the<br />
Administrative Tribunal of the<br />
ILO upon Complaints made<br />
against UNESCO<br />
Admissibility of Hearings of<br />
Petitioners by the Committee<br />
on South West Africa<br />
United Nations Educational, Scientific<br />
and Cultural Organization<br />
United Nations General Assembly<br />
Right of Passage over Indian<br />
Territory Portugal India<br />
Application of the Convention<br />
of 1902 Governing the<br />
Guardianship of Infants<br />
Netherlands<br />
Sweden<br />
34 Interhandel Case Switzerland United States<br />
35<br />
36<br />
37<br />
38<br />
39<br />
40<br />
41<br />
42<br />
43<br />
44<br />
Aerial Incident of 27 July 1955<br />
(Israel v. Bulgaria) Israel Bulgaria<br />
Aerial Incident of 27 July 1955<br />
(United States v. Bulgaria)<br />
Aerial Incident of 27 July 1955<br />
(United Kingdom v. Bulgaria)<br />
United<br />
States<br />
United<br />
Kingdom<br />
Bulgaria<br />
Bulgaria<br />
Sovereignty over Certain<br />
Frontier Land Belgium Netherlands<br />
Arbitral Award Made by the<br />
King of Spain on 23<br />
December 1906<br />
Aerial Incident of 4<br />
September 1954<br />
Honduras<br />
United<br />
States<br />
Nicaragua<br />
Soviet Union<br />
Barcelona Traction, Light and<br />
Power Company Belgium Spain<br />
Compagnie du Port, des<br />
Quais et des Entrepôts de<br />
Beyrouth and Société Radio-<br />
Orient (France v. Lebanon)<br />
Constitution of the Maritime<br />
Safety Committee of the Inter-<br />
Governmental Maritime<br />
Consultative Organization<br />
Aerial Incident of 7 November<br />
1954<br />
France<br />
Lebanon<br />
<strong>International</strong> Maritime Organization<br />
United<br />
States<br />
Soviet Union<br />
45 Preah Vihear Temple Cambodia Thailand<br />
46<br />
47<br />
South West Africa (Ethiopia v.<br />
South Africa) Ethiopia South Africa<br />
South West Africa (Liberia v.<br />
South Africa)<br />
Liberia<br />
48 Northern Cameroons Cameroon<br />
49<br />
50<br />
Certain Expenses of the<br />
United Nations<br />
Barcelona Traction, Light and<br />
Power Company,<br />
Limited(Second Application:<br />
1962)<br />
South Africa<br />
United<br />
Kingdom<br />
United Nations General Assembly<br />
Belgium<br />
Spain<br />
2 June<br />
1955<br />
6 July<br />
1955<br />
2<br />
December<br />
1955<br />
19<br />
December<br />
1955<br />
22<br />
December<br />
1955<br />
10 July<br />
1957<br />
2 October<br />
1957<br />
16<br />
October<br />
1957<br />
28<br />
October<br />
1957<br />
22<br />
November<br />
1957<br />
27<br />
November<br />
1957<br />
1 July<br />
1958<br />
22 August<br />
1958<br />
23<br />
September<br />
1958<br />
13<br />
February<br />
1959<br />
25 March<br />
1959<br />
8 July<br />
1957<br />
6 October<br />
1959<br />
4<br />
November<br />
1960<br />
4<br />
November<br />
1960<br />
30 May<br />
1961<br />
21<br />
December<br />
1961<br />
19 June<br />
1962<br />
14 March<br />
1956<br />
6 July<br />
1957<br />
23<br />
October<br />
1956<br />
1 June<br />
1956<br />
12 April<br />
1960<br />
28<br />
November<br />
1958<br />
21 March<br />
1959<br />
26 May<br />
1959<br />
30 May<br />
1960<br />
3 August<br />
1959<br />
20 June<br />
1959<br />
18<br />
November<br />
1960<br />
9<br />
December<br />
1958<br />
10 April<br />
1961<br />
31 August<br />
1960<br />
8 June<br />
1960<br />
7 October<br />
1959<br />
15 June<br />
1962<br />
18 July<br />
1966<br />
18 July<br />
1966<br />
2<br />
December<br />
1963<br />
20 July<br />
1962<br />
5 February<br />
1970<br />
Discontinued<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Discontinued<br />
Discontinued<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Discontinued<br />
Discontinued<br />
Discontinued<br />
Opinion on<br />
Merits<br />
Discontinued<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
Page 103 of 198
51<br />
52<br />
53<br />
54<br />
55<br />
56<br />
57<br />
58<br />
59<br />
60<br />
North Sea Continental Shelf<br />
cases<br />
North Sea Continental Shelf<br />
cases<br />
Legal Consequences for<br />
States of the Continued<br />
Presence of South Africa in<br />
Namibia (South West Africa)<br />
notwithstanding Security<br />
Council Resolution 276<br />
Appeal Relating to the<br />
Jurisdiction of the ICAO<br />
Council<br />
Fisheries Jurisdiction<br />
(Germany v. Iceland)<br />
Fisheries Jurisdiction (United<br />
Kingdom v. Iceland)<br />
Application for Review of<br />
Judgement No. 158 of the<br />
United Nations Administrative<br />
Tribunal<br />
Nuclear Tests Case (Australia<br />
v. France)<br />
Nuclear Tests Case (New<br />
Zealand v. France)<br />
West<br />
Germany<br />
West<br />
Germany<br />
Denmark<br />
Netherlands<br />
United Nations Security Council<br />
India<br />
West<br />
Germany<br />
United<br />
Kingdom<br />
Pakistan<br />
Iceland<br />
Iceland<br />
United Nations Administrative<br />
Tribunal<br />
Australia<br />
New Zealand<br />
France<br />
France<br />
Trial of Pakistani Prisoners of<br />
War Pakistan India<br />
61 Western Sahara United Nations General Assembly<br />
62<br />
63<br />
64<br />
65<br />
66<br />
67<br />
68<br />
69<br />
70<br />
71<br />
Aegean Sea Continental Shelf<br />
Case Greece Turkey<br />
Continental Shelf<br />
(Tunisia/Libyan Arab<br />
Jamahiriya)<br />
United States Diplomatic and<br />
Consular Staff in Tehran<br />
Interpretation of the<br />
Agreement of 25 March 1951<br />
between the WHO and Egypt<br />
Application for Review of<br />
Judgement No. 273 of the<br />
United Nations Administrative<br />
Tribunal<br />
Delimitation of the Maritime<br />
Boundary in the Gulf of Maine<br />
Area<br />
Continental Shelf (Libyan<br />
Arab Jamahiriya/Malta)<br />
Tunisia<br />
United<br />
States<br />
Libya<br />
Iran<br />
World Health Organization<br />
United Nations Administrative<br />
Tribunal<br />
Canada<br />
Libya<br />
United States<br />
Malta<br />
Frontier Dispute (Burkina<br />
Faso/Republic of Mali) Burkina Faso Mali<br />
Military and Paramilitary<br />
Activities in and Against<br />
Nicaragua<br />
Application for Revision and<br />
Interpretation of the Judgment<br />
of 24 February 1982 in the<br />
Case concerning the<br />
Continental Shelf<br />
(Tunisia/Libyan Arab<br />
Nicaragua<br />
Tunisia<br />
United States<br />
Libya<br />
20<br />
February<br />
1967<br />
20<br />
February<br />
1967<br />
5 August<br />
1970<br />
30 August<br />
1971<br />
5 June<br />
1972<br />
14 April<br />
1972<br />
3 July<br />
1972<br />
9 May<br />
1973<br />
9 May<br />
1973<br />
11 May<br />
1973<br />
21<br />
December<br />
1974<br />
10 August<br />
1976<br />
1<br />
December<br />
1978<br />
29<br />
November<br />
1979<br />
28 May<br />
1980<br />
28 July<br />
1981<br />
25<br />
November<br />
1981<br />
9 April<br />
1984<br />
27 July<br />
1984<br />
20<br />
February<br />
1969<br />
20<br />
February<br />
1969<br />
21 June<br />
1971<br />
18 August<br />
1972<br />
25 July<br />
1974<br />
25 July<br />
1974<br />
12 July<br />
1973<br />
20<br />
December<br />
1974<br />
20<br />
December<br />
1974<br />
15<br />
December<br />
1973<br />
16<br />
October<br />
1975<br />
19<br />
December<br />
1978<br />
24<br />
February<br />
1982<br />
24 May<br />
1980<br />
20<br />
December<br />
1980<br />
20 July<br />
1982<br />
12<br />
October<br />
1984<br />
3 June<br />
1985<br />
22<br />
December<br />
1986<br />
27 June<br />
1986<br />
10<br />
December<br />
1985<br />
Joined with<br />
Germany v.<br />
Netherlands<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Discontinued<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
27 June 1986<br />
Page 104 of 198
72<br />
73<br />
74<br />
75<br />
76<br />
77<br />
78<br />
Jamahiriya)<br />
Application for Review of<br />
Judgement No. 333 of the<br />
United Nations Administrative<br />
Tribunal<br />
Border and Transborder<br />
Armed Actions (Nicaragua v.<br />
Costa Rica)<br />
Border and Transborder<br />
Armed Actions (Nicaragua v.<br />
Honduras)<br />
Land, Island and Maritime<br />
Frontier Dispute<br />
Elettronica Sicula S.p.A.<br />
(ELSI)<br />
Applicability of the Obligation<br />
to Arbitrate under Section 21<br />
of the United Nations<br />
Headquarters Agreement of<br />
26 June 1947<br />
Maritime Delimitation in the<br />
Area Between Greenland and<br />
Jan Mayen<br />
United Nations Administrative<br />
Tribunal<br />
Nicaragua<br />
Nicaragua<br />
El Salvador<br />
United<br />
States<br />
Costa Rica<br />
Honduras<br />
Honduras /<br />
Nicaragua<br />
Italy<br />
United Nations General Assembly<br />
Denmark<br />
Norway<br />
79 Aerial Incident of 3 July 1988 Iran United States<br />
80<br />
81<br />
Certain Phosphate Lands in<br />
Nauru<br />
Applicability of Article VI,<br />
Section 22, of the Convention<br />
on the Privileges and<br />
Immunities of the United<br />
Nations<br />
82 Arbitral Award of 31 July 1989<br />
83<br />
Territorial Dispute (Libyan<br />
Arab Jamahiriya/Chad)<br />
Nauru<br />
Australia<br />
United Nations Educational, Scientific<br />
and Cultural Organization<br />
Guinea-<br />
Bissau<br />
Libya<br />
Senegal<br />
Chad<br />
84 East Timor Portugal Australia<br />
85<br />
86<br />
87<br />
88<br />
89<br />
90<br />
Maritime Delimitation between<br />
Guinea-Bissau and Senegal<br />
Guinea-<br />
Bissau<br />
Senegal<br />
Passage through the Great<br />
Belt Finland Denmark<br />
Maritime Delimitation and<br />
Territorial Questions between<br />
Qatar and Bahrain<br />
Questions of Interpretation<br />
and Application of the 1971<br />
Montreal Convention arising<br />
from the Aerial Incident at<br />
Lockerbie (Libyan Arab<br />
Jamahiriya v. United<br />
Kingdom)<br />
Questions of Interpretation<br />
and Application of the 1971<br />
Montreal Convention arising<br />
from the Aerial Incident at<br />
Lockerbie (Libyan Arab<br />
Jamahiriya v. United States of<br />
America)<br />
Oil Platforms (Islamic<br />
Republic of Iran v United<br />
States of America)<br />
Qatar<br />
Libya<br />
Libya<br />
Iran<br />
Bahrain<br />
United<br />
Kingdom<br />
United States<br />
United States<br />
10<br />
September<br />
1984<br />
28 July<br />
1986<br />
28 July<br />
1986<br />
11<br />
December<br />
1986<br />
6 February<br />
1987<br />
7 March<br />
1988<br />
16 August<br />
1988<br />
17 May<br />
1989<br />
19 May<br />
1989<br />
13 June<br />
1989<br />
23 August<br />
1989<br />
22<br />
February<br />
1991<br />
12 March<br />
1991<br />
17 May<br />
1991<br />
8 July<br />
1991<br />
3 March<br />
1992<br />
3 March<br />
1992<br />
2<br />
November<br />
1992<br />
27 May<br />
1987<br />
19 August<br />
1987<br />
20<br />
December<br />
1988<br />
11<br />
September<br />
1992<br />
20 July<br />
1989<br />
26 April<br />
1988<br />
14 June<br />
1993<br />
22<br />
February<br />
1996<br />
13<br />
September<br />
1993<br />
15<br />
December<br />
1989<br />
12<br />
November<br />
1991<br />
3 February<br />
1994<br />
30 June<br />
1995<br />
8<br />
November<br />
1998<br />
10<br />
September<br />
1992<br />
16 March<br />
2001<br />
10<br />
September<br />
2003<br />
10<br />
September<br />
2003<br />
6<br />
November<br />
2003<br />
Opinion on<br />
Merits<br />
Discontinued<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Discontinued<br />
Discontinued<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
Discontinued<br />
Discontinued<br />
Judgment on<br />
Merits<br />
Discontinued<br />
Discontinued<br />
Page 105 of 198
91<br />
92<br />
93<br />
94<br />
95<br />
96<br />
97<br />
Application of the Convention<br />
on the Prevention and<br />
Punishment of the Crime of<br />
Genocide (Bosnia and<br />
Herzegovina v. Serbia and<br />
Montenegro)<br />
Gabčíkovo-Nagymaros<br />
Project<br />
Legality of the Use by a State<br />
of Nuclear Weapons in Armed<br />
Conflict<br />
Land and Maritime Boundary<br />
Between Cameroon and<br />
Nigeria<br />
Legality of the Threat or Use<br />
of Nuclear Weapons<br />
Bosnia and<br />
Herzegovina<br />
Hungary<br />
Serbia and<br />
Montenegro<br />
Slovakia<br />
World Health Organization<br />
Cameroon<br />
Nigeria /<br />
Equatorial<br />
Guinea<br />
United Nations General Assembly<br />
Fisheries Jurisdiction (Spain<br />
v. Canada) Spain Canada<br />
Request for an Examination<br />
of the Situation in Accordance<br />
with Paragraph 63 of the<br />
Court's Judgment of 20<br />
December 1974 in the<br />
Nuclear Tests<br />
New Zealand<br />
France<br />
98 Kasikili/Sedudu Island Botswana Namibia<br />
99<br />
100<br />
101<br />
102<br />
Vienna Convention on<br />
Consular Relations (Paraguay<br />
v. United States of America)<br />
Difference Relating to<br />
Immunity from Legal Process<br />
of a Special Rapporteur of the<br />
Commission on Human<br />
Rights<br />
Request for Interpretation of<br />
the Judgment of 11 June<br />
1998<br />
Paraguay<br />
United States<br />
United Nations Educational, Scientific<br />
and Cultural Organization<br />
Cameroon<br />
Nigeria<br />
Sovereignty over Pulau<br />
Ligitan and Pulau Sipadan Indonesia Malaysia<br />
103 Ahmadou Sadio Diallo Guinea<br />
Democratic<br />
Republic of the<br />
Congo<br />
104 LaGrand Germany United States<br />
105<br />
106<br />
107<br />
108<br />
109<br />
110<br />
111<br />
Legality of Use of Force<br />
(Yugoslavia v. Belgium)<br />
Legality of Use of Force<br />
(Yugoslavia v. Canada)<br />
Legality of Use of Force<br />
(Yugoslavia v. France)<br />
Legality of Use of Force<br />
(Yugoslavia v. Germany)<br />
Legality of Use of Force<br />
(Yugoslavia v. Italy)<br />
Legality of Use of Force<br />
(Yugoslavia v. Netherlands)<br />
Legality of Use of Force<br />
(Yugoslavia v. Portugal)<br />
Yugoslavia<br />
Yugoslavia<br />
Yugoslavia<br />
Yugoslavia<br />
Yugoslavia<br />
Yugoslavia<br />
Yugoslavia<br />
Belgium<br />
Canada<br />
France<br />
Germany<br />
Italy<br />
Netherlands<br />
Portugal<br />
20 March<br />
1993<br />
3<br />
September<br />
1993<br />
29 March<br />
1996<br />
6 January<br />
1995<br />
28 March<br />
1995<br />
21 August<br />
1995<br />
3 April<br />
1998<br />
10 August<br />
1998<br />
28<br />
October<br />
1998<br />
2<br />
November<br />
1998<br />
28<br />
December<br />
1998<br />
2 March<br />
1999<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
26<br />
February<br />
2007<br />
25<br />
September<br />
1997<br />
8 July<br />
1996<br />
10<br />
October<br />
2002<br />
8 July<br />
1996<br />
4<br />
December<br />
1998<br />
22<br />
September<br />
1995<br />
13<br />
December<br />
1999<br />
10<br />
November<br />
1998<br />
29 April<br />
1999<br />
25 March<br />
1999<br />
17<br />
December<br />
2002<br />
19 June<br />
2012<br />
27 June<br />
2001<br />
15<br />
December<br />
2004<br />
15<br />
December<br />
2004<br />
15<br />
December<br />
2004<br />
15<br />
December<br />
2004<br />
15<br />
December<br />
2004<br />
15<br />
December<br />
2004<br />
15<br />
December<br />
In progress<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Dismissed<br />
Discontinued<br />
Opinion on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Page 106 of 198
112<br />
113<br />
114<br />
115<br />
116<br />
117<br />
118<br />
119<br />
120<br />
121<br />
122<br />
123<br />
124<br />
Legality of Use of Force<br />
(Yugoslavia v. Spain)<br />
Legality of Use of Force<br />
(Yugoslavia v. United<br />
Kingdom)<br />
Legality of Use of Force<br />
(Yugoslavia v. United States<br />
of America)<br />
Armed Activities on the<br />
Territory of the Congo<br />
(Democratic Republic of the<br />
Congo v. Burundi)<br />
Armed Activities on the<br />
Territory of the Congo<br />
(Democratic Republic of the<br />
Congo v. Uganda)<br />
Armed Activities on the<br />
Territory of the Congo<br />
(Democratic Republic of the<br />
Congo v. Rwanda)<br />
Application of the Convention<br />
on the Prevention and<br />
Punishment of the Crime of<br />
Genocide (Croatia v. Serbia)<br />
Yugoslavia<br />
Yugoslavia<br />
Yugoslavia<br />
Democratic<br />
Republic of the<br />
Congo<br />
Democratic<br />
Republic of the<br />
Congo<br />
Democratic<br />
Republic of the<br />
Congo<br />
Croatia<br />
Spain<br />
United<br />
Kingdom<br />
United States<br />
Burundi<br />
Uganda<br />
Rwanda<br />
Serbia<br />
Aerial Incident of 10 August<br />
1999 Pakistan India<br />
Territorial and Maritime<br />
Dispute between Nicaragua<br />
and Honduras in the<br />
Caribbean Sea<br />
Arrest Warrant of 11 April<br />
2000<br />
Application for the Revision of<br />
the Judgment of 11 July 1996<br />
in the Case concerning<br />
Application of the Convention<br />
on the Prevention and<br />
Punishment of the Crime of<br />
Genocide<br />
Nicaragua<br />
Democratic<br />
Republic of the<br />
Congo<br />
Bosnia and<br />
Herzegovina<br />
Honduras<br />
Belgium<br />
Yugoslavia<br />
Certain Property<br />
(Liechtenstein v. Germany) Liechtenstein Germany<br />
Territorial and Maritime<br />
Dispute (Nicaragua v.<br />
Colombia)<br />
Nicaragua<br />
Colombia<br />
125 Frontier Dispute (Benin/Niger) Benin Niger<br />
126<br />
127<br />
128<br />
129<br />
Armed Activities on the<br />
Territory of the Congo (New<br />
Application: 2002)<br />
(Democratic Republic of the<br />
Congo v. Rwanda)<br />
Application for Revision of the<br />
Judgment of 11 September<br />
1992 in the Case concerning<br />
the Land, Island And Maritime<br />
Frontier Dispute (El<br />
Salvador/Honduras:<br />
Nicaragua Intervening)<br />
Avena and Other Mexican<br />
Nationals<br />
Certain Criminal Proceedings<br />
in France<br />
Democratic<br />
Republic of the<br />
Congo<br />
El Salvador<br />
Mexico<br />
Democratic<br />
Republic of the<br />
Congo<br />
Rwanda<br />
Honduras<br />
United States<br />
France<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
29 April<br />
1999<br />
23 June<br />
1999<br />
23 June<br />
1999<br />
23 June<br />
1999<br />
2 July<br />
1999<br />
21<br />
September<br />
1999<br />
8<br />
December<br />
1999<br />
17<br />
October<br />
2000<br />
24 April<br />
2001<br />
1 June<br />
2001<br />
6<br />
December<br />
2001<br />
11 April<br />
2002<br />
28 May<br />
2002<br />
10<br />
September<br />
2002<br />
9 January<br />
2003<br />
11 April<br />
2003<br />
2004<br />
2 June<br />
1999<br />
15<br />
December<br />
2004<br />
2 June<br />
1999<br />
30<br />
January<br />
2001<br />
Discontinued<br />
Judgment on<br />
Jurisdiction<br />
Discontinued<br />
Discontinued<br />
- In progress<br />
30<br />
January<br />
2001<br />
3 February<br />
2015<br />
21 June<br />
2000<br />
8 October<br />
2007<br />
14<br />
February<br />
2002<br />
3 February<br />
2003<br />
10<br />
February<br />
2005<br />
19<br />
November<br />
2012<br />
12 July<br />
2005<br />
3 February<br />
2006<br />
18<br />
December<br />
2003<br />
31 March<br />
2004<br />
16<br />
November<br />
2010<br />
Discontinued<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgement on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Merits<br />
Judgement on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Judgment on<br />
Admissibility<br />
Judgment on<br />
Merits<br />
Discontinued<br />
130 Sovereignty over Pedra Malaysia Singapore 24 July 23 May Opinion on<br />
Page 107 of 198
131<br />
132<br />
133<br />
134<br />
135<br />
136<br />
137<br />
Branca/Pulau Batu Puteh,<br />
Middle Rocks and South<br />
Ledge<br />
Legal Consequences of the<br />
Construction of a Wall in the<br />
Occupied Palestinian Territory<br />
United Nations General Assembly<br />
Maritime Delimitation in the<br />
Black Sea Romania Ukraine<br />
Dispute regarding<br />
Navigational and Related<br />
Rights<br />
Costa Rica<br />
Nicaragua<br />
Status vis-à-vis the Host State<br />
of a Diplomatic Envoy to the<br />
Dominica<br />
United Nations<br />
Switzerland<br />
Pulp Mills on the River<br />
Uruguay Argentina Uruguay<br />
Certain Questions of Mutual<br />
Assistance in Criminal<br />
Matters<br />
Djibouti<br />
France<br />
Maritime Dispute (Peru v.<br />
Chile) Peru Chile<br />
138 Aerial Herbicide Spraying Ecuador Colombia<br />
139<br />
140<br />
141<br />
142<br />
143<br />
144<br />
145<br />
146<br />
147<br />
Request for Interpretation of<br />
the Judgment of 31 March<br />
2004 in the Case concerning<br />
Avena and Other Mexican<br />
Nationals<br />
Application of the<br />
<strong>International</strong> Convention on<br />
the Elimination of All Forms of<br />
Racial Discrimination<br />
Accordance with <strong>International</strong><br />
<strong>Law</strong> of the Unilateral<br />
Declaration of Independence<br />
In Respect of Kosovo<br />
Application of the Interim<br />
Accord of 13 September 1995<br />
Jurisdictional Immunities of<br />
the State<br />
Questions relating to the<br />
Obligation to Prosecute or<br />
Extradite<br />
Jurisdiction and Enforcement<br />
of Judgments in Civil and<br />
Commercial Matters<br />
Judgment No.2867 of the<br />
Administrative Tribunal of the<br />
<strong>International</strong> Labour<br />
Organization<br />
Certain questions concerning<br />
diplomatic relations<br />
Mexico<br />
Georgia<br />
United States<br />
Russia<br />
United Nations General Assembly<br />
Macedonia<br />
Germany<br />
Belgium<br />
Belgium<br />
Greece<br />
Italy /<br />
Greece<br />
Senegal<br />
Switzerland<br />
<strong>International</strong> Fund for Agricultural<br />
Development<br />
Honduras<br />
Brazil<br />
148 Whaling in the Antarctic<br />
Australia /<br />
New Zealand<br />
Japan<br />
149<br />
Frontier Dispute (Burkina<br />
Faso v. Niger) Burkina Faso Niger<br />
Certain Activities carried out<br />
150 by Nicaragua in the Border<br />
Costa Rica<br />
Nicaragua<br />
Area<br />
151<br />
Request for Interpretation of<br />
Temple of Preah Vihear Case Cambodia Thailand<br />
2003 2008 Merits<br />
10<br />
December<br />
2003<br />
16<br />
September<br />
2004<br />
29<br />
September<br />
2005<br />
26 April<br />
2006<br />
4 May<br />
2006<br />
9 August<br />
2006<br />
16<br />
January<br />
2008<br />
31 March<br />
2008<br />
5 June<br />
2008<br />
12 August<br />
2008<br />
10<br />
October<br />
2008<br />
17<br />
November<br />
2008<br />
23<br />
December<br />
2008<br />
19<br />
February<br />
2009<br />
21<br />
December<br />
2009<br />
26 April<br />
2010<br />
28<br />
October<br />
2009<br />
31 May<br />
2010<br />
21 July<br />
2010<br />
18<br />
November<br />
2010<br />
28 April<br />
2011<br />
7 July<br />
2004<br />
3 February<br />
2009<br />
13 July<br />
2009<br />
9 June<br />
2006<br />
20 April<br />
2010<br />
4 June<br />
2008<br />
27<br />
January<br />
2014<br />
13<br />
September<br />
2013<br />
19<br />
January<br />
2009<br />
1 April<br />
2011<br />
22 July<br />
2010<br />
5<br />
December<br />
2011<br />
3 February<br />
2012<br />
20 July<br />
2012<br />
5 April<br />
2011<br />
1 February<br />
2012<br />
12 May<br />
2010<br />
31 March<br />
2014<br />
16 April<br />
2013<br />
Opinion on<br />
Merits<br />
Judgement on<br />
Merits<br />
Judgement on<br />
Merits<br />
Discontinued<br />
Judgement on<br />
Merits<br />
Judgement on<br />
Merrits<br />
Judgement on<br />
Merits<br />
Discontinued<br />
Judgement on<br />
Merits<br />
Judgment on<br />
Jurisdiction<br />
Opinion on<br />
Merits<br />
Judgement on<br />
Merits<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
Discontinued<br />
Opinion on<br />
Merits<br />
Discontinued<br />
Judgment on<br />
Merits<br />
Judgment on<br />
Merits<br />
- In progress<br />
11<br />
November<br />
2013<br />
Judgment<br />
Page 108 of 198
152<br />
153<br />
154<br />
155<br />
156<br />
157<br />
158<br />
159<br />
160<br />
161<br />
162<br />
163<br />
Construction of a Road in<br />
Costa Rica along the San<br />
Juan River<br />
Nicaragua<br />
Costa Rica<br />
Obligation to Negotiate<br />
Access to the Pacific Ocean Bolivia Chile<br />
Delimitation of the Continental<br />
Shelf Nicaragua Colombia<br />
Alleged Violations of<br />
Sovereign Rights Nicaragua Colombia<br />
Seizure of Certain Documents<br />
and Data<br />
Maritime Delimitation in the<br />
Caribbean Sea and the<br />
Pacific Ocean<br />
Obligations concerning<br />
Negotiations relating to<br />
Cessation of the Nuclear<br />
Arms Race and to Nuclear<br />
Disarmament (Marshall<br />
Islands v. India)<br />
Obligations concerning<br />
Negotiations relating to<br />
Cessation of the Nuclear<br />
Arms Race and to Nuclear<br />
Disarmament (Marshall<br />
Islands v. Pakistan)<br />
Obligations concerning<br />
Negotiations relating to<br />
Cessation of the Nuclear<br />
Arms Race and to Nuclear<br />
Disarmament (Marshall<br />
Islands v. United Kingdom)<br />
Maritime Delimitation in the<br />
Timor-Leste<br />
Costa Rica<br />
Marshall<br />
Islands<br />
Marshall<br />
Islands<br />
Marshall<br />
Islands<br />
Australia<br />
Nicaragua<br />
India<br />
Pakistan<br />
United<br />
Kingdom<br />
Indian Ocean Somalia Kenya<br />
Dispute over the Status and<br />
Use of the Waters of the<br />
Silala<br />
Chile<br />
Bolivia<br />
Immunities and Criminal<br />
Proceedings<br />
Equatorial<br />
Guinea<br />
France<br />
164 Certain Iranian Assets Iran United States<br />
165<br />
166<br />
172<br />
Land Boundary in the<br />
Northern Part of Isla Portillos<br />
Illegal Detention of<br />
Kulbhushan Jadhav by<br />
Pakistan<br />
Application of the<br />
<strong>International</strong> Convention on<br />
the Elimination of All Forms of<br />
Racial Discrimination (Qatar<br />
v. United Arab Emirates)<br />
Costa Rica<br />
India<br />
Qatar<br />
Nicaragua<br />
Pakistan<br />
United Arab<br />
Emirates<br />
22<br />
December<br />
2011<br />
24 April<br />
2013<br />
16<br />
September<br />
2013<br />
27<br />
November<br />
2013<br />
17<br />
December<br />
2013<br />
25<br />
February<br />
2014<br />
24 April<br />
2014<br />
24 April<br />
2014<br />
24 April<br />
2014<br />
28 August<br />
2014<br />
6 June<br />
2016<br />
13 June<br />
2016<br />
14 June<br />
2016<br />
16<br />
January<br />
2017<br />
15 May<br />
2017<br />
15 June<br />
2018<br />
17 April<br />
2013<br />
Joined with<br />
Certain Activities<br />
carried out by<br />
Nicaragua<br />
- In progress<br />
- In progress<br />
- In progress<br />
11 June<br />
2015<br />
Discontinued<br />
- In progress<br />
5 October<br />
2016<br />
5 October<br />
2016<br />
5 October<br />
2016<br />
Judgement on<br />
Jurisdiction<br />
Judgement on<br />
Jurisdiction<br />
Judgement on<br />
Jurisdiction<br />
- In progress<br />
- In progress<br />
- In progress<br />
- In progress<br />
- In progress<br />
- In progress<br />
- In progress<br />
Page 109 of 198
Page 110 of 198
VI. <strong>International</strong> Public <strong>Law</strong><br />
Topics to Date<br />
This is a comprehensive list of those areas of law dealing with the United Nations<br />
System and the <strong>Law</strong> of Nations. It is being started as a sublist as it is a specialized area<br />
of law that often does not interact with general legal topics. There is also a separate List<br />
of treaties (see “<strong>International</strong> Treatises”, below).<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Berne Convention for the Protection of Literary and Artistic Works<br />
Convention on Biological Diversity<br />
Convention on the Rights of the Child<br />
Crime against international law<br />
Declaration of war<br />
Directive on harmonising the term of copyright protection<br />
EU Copyright Directive<br />
European Union law<br />
European Company Statute<br />
General Agreement on Tariffs and Trade<br />
Geneva Conventions<br />
History of public international law<br />
Human Rights Committee<br />
<strong>International</strong> copyright<br />
<strong>International</strong> Court of <strong>Justice</strong><br />
<strong>International</strong> Criminal Tribunal for the Former Yugoslavia<br />
Page 111 of 198
<strong>International</strong> Criminal Tribunal for Rwanda<br />
<strong>International</strong> Criminal Court<br />
<strong>International</strong> Covenant on Civil and Political Rights<br />
<strong>International</strong> Covenant on Economic, Social, and Cultural Rights<br />
<strong>International</strong> human rights law<br />
<strong>International</strong> humanitarian law<br />
<strong>International</strong> judicial institutions<br />
<strong>International</strong> Prize Court<br />
<strong>International</strong> trade law<br />
<strong>Law</strong>s of war<br />
List of treaties<br />
Madrid Agreement<br />
Notable UN General Assembly Resolutions<br />
Permanent Court of Arbitration<br />
Refugees<br />
Treaty of Maastricht<br />
UN Economic and Social Council<br />
United Nations High Commissioner for Refugees<br />
United Nations Relief and Works Agency for Palestine Refugees in the Near East<br />
United Nations System<br />
Universal Copyright Convention<br />
WIPO Copyright Treaty<br />
WIPO Performances and Phonograms Treaty<br />
World Health Organization<br />
World Intellectual Property Organization<br />
World Trade Organization<br />
Page 112 of 198
VII. <strong>International</strong> Human<br />
Rights <strong>Law</strong><br />
<strong>International</strong> Human Rights <strong>Law</strong> (IHRL) is the body of international law<br />
designed to promote human rights on social, regional, and domestic levels. As a form of<br />
international law, international human rights law are primarily made up of treaties,<br />
agreements between sovereign states intended to have binding legal effect between the<br />
parties that have agreed to them; and customary international law. Other international<br />
human rights instruments, while not legally binding, contribute to the implementation,<br />
understanding and development of international human rights law and have been<br />
recognized as a source of political obligation.<br />
The relationship between international human rights law and international humanitarian<br />
law is disputed among international law scholars. This discussion forms part of a larger<br />
discussion on fragmentation of international law. While pluralist scholars conceive<br />
international human rights law as being distinct from international humanitarian law,<br />
proponents of the constitutionalist approach regard the latter as a subset of the former.<br />
In a nutshell, those who favors separate, self-contained regimes emphasize the<br />
differences in applicability; international humanitarian law applies only during armed<br />
conflict.<br />
On the other hand, a more systemic perspective explains that international humanitarian<br />
law represents a function of international human rights law; it includes general norms<br />
that apply to everyone at all time as well as specialized norms which apply to certain<br />
Page 113 of 198
situations such as armed conflict between both state and military occupation (i.e. IHL) or<br />
to certain groups of people including refugees (e.g. the 1951 Refugee Convention),<br />
children (the Convention on the Rights of the Child), and prisoners of war (the 1949<br />
Third Geneva Convention).<br />
United Nations System<br />
The General Assembly of the United Nations adopted the Vienna Declaration and<br />
Programme of Action in 1993, in terms of which the United Nations High Commissioner<br />
for Human Rights was established.<br />
In 2006, the United Nations Commission on Human Rights was replaced with the United<br />
Nations Human Rights Council for the enforcement of international human rights law.<br />
Universal Declaration of Human Rights<br />
<strong>International</strong> Bill of Human Rights<br />
The Universal Declaration of Human Rights (UDHR) is a UN General Assembly<br />
declaration that does not in form create binding international human rights law. Many<br />
legal scholars cite the UDHR as evidence of customary international law.<br />
More broadly, the UDHR has become an authoritative human rights reference. It has<br />
provided the basis for subsequent international human rights instruments that form nonbinding,<br />
but ultimately authoritative international human rights law.<br />
<strong>International</strong> Human Rights Treaties<br />
Besides the adoption in 1966 of the two wide-ranging Covenants that form part of the<br />
<strong>International</strong> Bill of Human Rights (namely the <strong>International</strong> Covenant on Civil and<br />
Political Rights and the <strong>International</strong> Covenant on Economic, Social and Cultural<br />
Rights), other treaties have been adopted at the international level. These are generally<br />
known as human rights instruments. Some of the most significant include the following:<br />
<br />
<br />
<br />
<br />
the Convention on the Prevention and Punishment of the Crime of Genocide<br />
(CPCG) (adopted 1948 and entered into force in 1951);<br />
the Convention Relating to the Status of Refugees (CSR) (adopted in 1951 and<br />
entered into force in 1954);<br />
the Convention on the Elimination of All Forms of Racial Discrimination (CERD)<br />
(adopted in 1965 and entered into force in 1969);<br />
the Convention on the Elimination of All Forms of Discrimination Against Women<br />
(CEDAW) (entered into force in 1981);<br />
Page 114 of 198
the United Nations Convention Against Torture (CAT) (adopted in 1984 and<br />
entered into force in 1987);<br />
the Convention on the Rights of the Child (CRC) (adopted in 1989 and entered<br />
into force in 1990);<br />
the <strong>International</strong> Convention on the Protection of the Rights of All Migrant<br />
Workers and Members of their Families (ICRMW) (adopted in 1990 and entered<br />
into force in 2003);<br />
the Convention on the Rights of Persons with Disabilities (CRPD) (entered into<br />
force on 3 May 2008); and<br />
the <strong>International</strong> Convention for the Protection of All Persons from Enforced<br />
Disappearance (ICPPED) (adopted in 2006 and entered into force in 2010).<br />
Regional Protection and Institutions<br />
Regional systems of international human rights law supplement and complement<br />
national and international human rights law by protecting and promoting human rights in<br />
specific areas of the world. There are three key regional human rights instruments<br />
which have established human rights law on a regional basis:<br />
Page 115 of 198
the African Charter on Human and Peoples' Rights for Africa of 1981, in force<br />
since 1986;<br />
the American Convention on Human Rights for the Americas of 1969, in force<br />
since 1978; and<br />
the European Convention on Human Rights for Europe of 1950, in force since<br />
1953.<br />
Americas and Europe<br />
The Organization of American States and the Council of Europe, like the UN, have<br />
adopted treaties (albeit with weaker implementation mechanisms) containing catalogues<br />
of economic, social and cultural rights, in addition to the aforementioned conventions<br />
dealing mostly with civil and political rights:<br />
<br />
<br />
the European Social Charter for Europe of 1961, in force since 1965 (whose<br />
complaints mechanism, created in 1995 under an Additional Protocol, has been<br />
in force since 1998); and<br />
the Protocol of San Salvador to the ACHR for the Americas of 1988, in force<br />
since 1999.<br />
Africa<br />
The African Union (AU) is a supranational union consisting of 53 African countries.<br />
Established in 2001, the AU's purpose is to help secure Africa's democracy, human<br />
rights, and a sustainable economy, in particular by bringing an end to intra-African<br />
conflict and creating an effective common market.<br />
The African Charter on Human and Peoples' Rights is the region's principal human<br />
rights instrument. It emerged under the aegis of the Organisation of African Unity (OAU)<br />
(since replaced by the African Union). The intention to draw up the African Charter on<br />
Human and Peoples' Rights was announced in 1979. The Charter was unanimously<br />
approved at the OAU's 1981 Assembly.<br />
Pursuant to Article 63 (whereby it was to "come into force three months after the<br />
reception by the Secretary General of the instruments of ratification or adherence of a<br />
simple majority" of the OAU's member states), the African Charter on Human and<br />
Peoples' Rights came into effect on 21 October 1986, in honour of which 21 October<br />
was declared African Human Rights Day.<br />
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial<br />
organ of the African Union, tasked with promoting and protecting human rights and<br />
collective (peoples') rights throughout the African continent, as well as with interpreting<br />
the African Charter on Human and Peoples' Rights, and considering individual<br />
Page 116 of 198
complaints of violations of the Charter. The Commission has three broad areas of<br />
responsibility:<br />
1. promoting human and peoples' rights;<br />
2. protecting human and peoples' rights; and<br />
3. interpreting the African Charter on Human and Peoples' Rights.<br />
In pursuit of these goals, the Commission is mandated to "collect documents, undertake<br />
studies and researches on African problems in the field of human and peoples' rights,<br />
organize seminars, symposia and conferences, disseminate information, encourage<br />
national and local institutions concerned with human and peoples' rights and, should the<br />
case arise, give its views or make recommendations to governments."<br />
With the creation of the African Court on Human and Peoples' Rights (under a protocol<br />
to the Charter which was adopted in 1998 and entered into force in January 2004), the<br />
Commission will have the additional task of preparing cases for submission to the<br />
Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future<br />
Court on Human and Peoples' Rights would be integrated with the African Court of<br />
<strong>Justice</strong>.<br />
The Court of <strong>Justice</strong> of the African Union is intended to be the "principal judicial organ of<br />
the Union." Although it has not yet been established, it is intended to take over the<br />
duties of the African Commission on Human and Peoples' Rights, as well as to act as<br />
the supreme court of the African Union, interpreting all necessary laws and treaties. The<br />
Protocol establishing the African Court on Human and Peoples' Rights entered into<br />
force in January 2004, but its merging with the Court of <strong>Justice</strong> has delayed its<br />
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establishment. The Protocol establishing the Court of <strong>Justice</strong> will come into force when<br />
ratified by fifteen countries.<br />
There are many countries in Africa accused of human rights violations by the<br />
international community and NGOs.<br />
Inter-American System<br />
See also: Human rights in North America and Human rights in South America<br />
The Organization of American States (OAS) is an international organization<br />
headquartered in Washington, DC. Its members are the thirty-five independent nationstates<br />
of the Americas.<br />
Over the course of the 1990s, with the end of the Cold War, the return to democracy in<br />
Latin America, and the thrust toward globalisation, the OAS made major efforts to<br />
reinvent itself to fit the new context. Its stated priorities now include the following:<br />
<br />
<br />
<br />
<br />
<br />
<br />
Strengthening Democracy;<br />
Working for Peace;<br />
Protecting Human Rights;<br />
Combating Corruption;<br />
The Rights of Indigenous Peoples; And<br />
Promoting Sustainable Development.<br />
The Inter-American Commission on Human Rights (IACHR) is an autonomous organ of<br />
the Organization of American States, also based in Washington, D.C. Along with the<br />
Inter-American Court of Human Rights, based in San José, Costa Rica, it is one of the<br />
bodies that comprise the inter-American system for the promotion and protection of<br />
human rights. The IACHR is a permanent body which meets in regular and special<br />
sessions several times a year to examine allegations of human rights violations in the<br />
hemisphere. Its human rights duties stem from three documents:<br />
1. the OAS Charter;<br />
2. the American Declaration of the Rights and Duties of Man; and<br />
3. the American Convention on Human Rights.<br />
The Inter-American Court of Human Rights was established in 1979 with the purpose of<br />
enforcing and interpreting the provisions of the American Convention on Human Rights.<br />
Its two main functions are therefore adjudicatory and advisory:<br />
<br />
Under the former, it hears and rules on the specific cases of human rights<br />
violations referred to it.<br />
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Under the latter, it issues opinions on matters of legal interpretation brought to its<br />
attention by other OAS bodies or member states.<br />
Many countries in the Americas, including Colombia, Cuba, Mexico and Venezuela,<br />
have been accused of human rights violations.<br />
European System<br />
The Council of Europe, founded in 1949, is the oldest organization working for<br />
European integration. It is an international organization with legal personality recognized<br />
under public international law, and has observer status at the United Nations. The seat<br />
of the Council is in Strasbourg in France.<br />
The Council of Europe is responsible for both the European Convention on Human<br />
Rights and the European Court of Human Rights. These institutions bind the Council's<br />
members to a code of human rights which, although strict, is more lenient than that of<br />
the UN Charter on human rights.<br />
The Council also promotes the European Charter for Regional or Minority Languages<br />
and the European Social Charter. Membership is open to all European states which<br />
seek European integration, accept the principle of the rule of law, and are able and<br />
willing to guarantee democracy, fundamental human rights and freedoms.<br />
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The Council of Europe is separate from the European Union, but the latter is expected<br />
to accede to the European Convention on Human Rights. The Council includes all the<br />
member states of European Union. The EU also has a separate human rights<br />
document, the Charter of Fundamental Rights of the European Union.<br />
The European Convention on Human Rights has since 1950 defined and guaranteed<br />
human rights and fundamental freedoms in Europe. All 47 member states of the Council<br />
of Europe have signed this Convention, and are therefore under the jurisdiction of the<br />
European Court of Human Rights in Strasbourg. In order to prevent torture and inhuman<br />
or degrading treatment, the Committee for the Prevention of Torture was established.<br />
The Council of Europe also adopted the Convention on Action against Trafficking in<br />
Human Beings in May 2005, for protection against human trafficking and sexual<br />
exploitation, the Council of Europe Convention on the Protection of Children against<br />
Sexual Exploitation and Sexual Abuse in October 2007, and the Convention on<br />
preventing and combating violence against women and domestic violence in May 2011.<br />
The European Court of Human Rights is the only international court with jurisdiction to<br />
deal with cases brought by individuals rather than states. In early 2010, the court had a<br />
backlog of over 120,000 cases and a multi-year waiting list. About one out of every<br />
twenty cases submitted to the court is considered admissible. In 2007, the court issued<br />
1,503 verdicts. At the current rate of proceedings, it would take 46 years for the backlog<br />
to clear.<br />
Monitoring, Implementation and Enforcement<br />
There is currently no international court to administer international human rights law, but<br />
quasi-judicial bodies exist under some UN treaties (like the Human Rights Committee<br />
under the ICCPR). The <strong>International</strong> Criminal Court (ICC) has jurisdiction over the crime<br />
of genocide, war crimes and crimes against humanity. The European Court of Human<br />
Rights and the Inter-American Court of Human Rights enforce regional human rights<br />
law.<br />
Although these same international bodies also hold jurisdiction over cases regarding<br />
international humanitarian law, it is crucial to recognize, as discussed above, that the<br />
two frameworks constitute different legal regimes.<br />
The United Nations human rights bodies do have some quasi-legal enforcement<br />
mechanisms. These include the treaty bodies attached to the seven currently active<br />
treaties, and the United Nations Human Rights Council complaints procedures, with<br />
Universal Periodic Review and United Nations Special Rapporteur (known as the 1235<br />
and 1503 mechanisms respectively).<br />
The enforcement of international human rights law is the responsibility of the nation<br />
state; it is the primary responsibility of the State to make the human rights of its citizens<br />
a reality.<br />
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In practice, many human rights are difficult to enforce legally, due to the absence of<br />
consensus on the application of certain rights, the lack of relevant national legislation or<br />
of bodies empowered to take legal action to enforce them.<br />
In over 110 countries, national human rights institutions (NHRIs) have been set up to<br />
protect, promote or monitor human rights with jurisdiction in a given country. Although<br />
not all NHRIs are compliant with the Paris Principles, the number and effect of these<br />
institutions is increasing.<br />
The Paris Principles were defined at the first <strong>International</strong> Workshop on National<br />
Institutions for the Promotion and Protection of Human Rights in Paris from 7 to 9<br />
October 1991, and adopted by UN Human Rights Commission Resolution 1992/54 of<br />
1992 and General Assembly Resolution 48/134 of 1993. The Paris Principles list a<br />
number of responsibilities for national human rights institutions.<br />
Universal Jurisdiction<br />
Universal jurisdiction is a controversial principle in international law, whereby states<br />
claim criminal jurisdiction over people whose alleged crimes were committed outside the<br />
boundaries of the prosecuting state, regardless of nationality, country of residence or<br />
any other relationship to the prosecuting country. The state backs its claim on the<br />
grounds that the crime committed is considered a crime against all, which any state is<br />
authorised to punish. The concept of universal jurisdiction is therefore closely linked to<br />
the idea that certain international norms are erga omnes, or owed to the entire world<br />
community, as well as the concept of jus cogens.<br />
In 1993, Belgium passed a "law of universal jurisdiction" to give its courts jurisdiction<br />
over crimes against humanity in other countries. In 1998, Augusto Pinochet was<br />
arrested in London following an indictment by Spanish judge Baltasar Garzón under the<br />
universal-jurisdiction principle.<br />
The principle is supported by Amnesty <strong>International</strong> and other human rights<br />
organisations, which believe that certain crimes pose a threat to the international<br />
community as a whole, and that the community has a moral duty to act.<br />
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Others, like Henry Kissinger, argue that "widespread agreement that human rights<br />
violations and crimes against humanity must be prosecuted has hindered active<br />
consideration of the proper role of international courts. Universal jurisdiction risks<br />
creating universal tyranny—that of judges".<br />
________<br />
<strong>International</strong><br />
Nongovernmental Organizations<br />
A<br />
<br />
<br />
Accountable Now<br />
Assyrian Confederation of Europe<br />
Austrian Holocaust Memorial Service<br />
C<br />
<br />
Carbon War Room<br />
Cesvi<br />
Child Helpline <strong>International</strong><br />
Commission on Accreditation of Rehabilitation Facilities<br />
Conference of NGOs<br />
D<br />
<br />
Digital Humanitarian Network<br />
G<br />
<br />
Girls Not Brides<br />
Global High-Level Panel on Water and Peace<br />
Global Infrastructure Basel Foundation<br />
Global Leadership Foundation<br />
H<br />
<br />
The Human Library<br />
I<br />
<br />
IEEE Rebooting Computing<br />
Initiatives of Change<br />
Internal Displacement Monitoring Centre<br />
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<strong>International</strong> Alert<br />
<strong>International</strong> Committee for Robot Arms Control<br />
<strong>International</strong> Council of Organizations of Folklore Festivals and Folk Arts<br />
<strong>International</strong> Foundation for Electoral Systems<br />
<strong>International</strong> Ice Hockey Federation<br />
<strong>International</strong> Police Association<br />
<strong>International</strong> Raoul Wallenberg Foundation<br />
<strong>International</strong> Rescue Committee<br />
<strong>International</strong> Solidarity Movement<br />
<strong>International</strong> Tiger Coalition<br />
Interpeace<br />
L<br />
<br />
La Strada <strong>International</strong> Association<br />
M<br />
<br />
Club of Madrid<br />
Mercy-USA<br />
Messiah Foundation <strong>International</strong><br />
N<br />
<br />
Network for Integrity in Reconstruction<br />
Norwegian Refugee Council<br />
O<br />
<br />
Organization for <strong>International</strong> Economic Relations<br />
P<br />
<br />
Panos Network<br />
Project Harmony (organization)<br />
Pugwash Conferences on Science and World Affairs<br />
R<br />
<br />
The Rebuilding Alliance<br />
S<br />
<br />
<br />
Saferworld<br />
Service Civil <strong>International</strong><br />
Soroptimist <strong>International</strong><br />
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South American Initiative<br />
U<br />
<br />
UK India Business Council<br />
UNOY Peacebuilders<br />
Unrepresented Nations and Peoples Organization<br />
V<br />
<br />
Via Campesina<br />
W<br />
<br />
World Committee Against War and Fascism<br />
World Cultural Council<br />
World Federalist Movement<br />
World <strong>Justice</strong> Project<br />
World Veterans Federation<br />
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VIII. <strong>International</strong><br />
Legal Systems<br />
The Contemporary Legal Systems of The World are generally<br />
based on one of four basic systems: civil law, common law, statutory law, religious law<br />
or combinations of these. However, the legal system of each country is shaped by its<br />
unique history and so incorporates individual variations. The science that studies <strong>Law</strong> at<br />
the level of legal systems is called Comparative <strong>Law</strong>.<br />
Both civil (also known as Roman) and common law systems can be considered the<br />
most widespread in the world: civil law because it is the most widespread by landmass,<br />
and common law because it is employed by the greatest number of people.<br />
Civil <strong>Law</strong><br />
The central source of law that is recognized as authoritative is codifications in a<br />
constitution or statute passed by legislature, to amend a code. While the concept of<br />
codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law<br />
systems derive from the Roman Empire and, more particularly, the Corpus Juris Civilis<br />
issued by the Emperor Justinian ca. AD 529. This was an extensive reform of the law in<br />
the Byzantine Empire, bringing it together into codified documents. Civil law was also<br />
Page 125 of 198
partly influenced by religious laws such as Canon law and Islamic law. Civil law today,<br />
in theory, is interpreted rather than developed or made by judges. Only legislative<br />
enactments (rather than legal precedents, as in common law) are considered legally<br />
binding.<br />
Scholars of comparative law and economists promoting the legal origins theory usually<br />
subdivide civil law into four distinct groups:<br />
<br />
<br />
<br />
<br />
French Civil <strong>Law</strong>: in France, the Benelux countries, Italy, Romania, Spain and<br />
former colonies of those countries;<br />
German Civil <strong>Law</strong>: in Germany, Austria, Russia, Switzerland, Estonia, Latvia,<br />
Bosnia and Herzegovina, Croatia, Kosovo*, Macedonia, Montenegro, Slovenia,<br />
Serbia, Greece, Portugal and its former colonies, Turkey, and East Asian<br />
countries including Japan, Thailand, South Korea and Taiwan (Republic of<br />
China);<br />
Scandinavian Civil <strong>Law</strong>: in Denmark, Norway and Sweden. As historically<br />
integrated in the Scandinavian cultural sphere, Finland and Iceland also inherited<br />
the system.<br />
Chinese <strong>Law</strong>: a mixture of civil law and socialist law in use in the People's<br />
Republic of China.<br />
However, some of these legal systems are often and more correctly said to be of hybrid<br />
nature:<br />
<br />
Napoleonic to Germanistic influence (Italian civil law)<br />
The Italian civil code of 1942 replaced the original one of 1865, introducing germanistic<br />
elements due to the geopolitical alliances of the time. The Italian approach has been<br />
imitated by other countries including the Netherlands (1992), Argentina (2014), Brazil<br />
(2002) and Portugal (1966). Most of them have innovations introduced by the Italian<br />
legislation, including the unification of the civil and commercial codes.<br />
<br />
Germanistic to Napoleonic influence (Swiss civil law)<br />
The Swiss civil code is considered mainly influenced by the German civil code and<br />
partly influenced by the French civil code.<br />
The civil code of the Republic of Turkey is a slightly modified version of the Swiss code,<br />
adopted in 1926 during Mustafa Kemal Atatürk's presidency as part of the government's<br />
progressive reforms and secularization.<br />
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A comprehensive list of countries that base their legal system on a codified civil law<br />
follows:<br />
Country<br />
Albania<br />
Angola<br />
Argentina<br />
Description<br />
Based on Napoleonic Civil law. The Civil Code of the Republic of Albania, 1991<br />
Based on Portuguese civil law<br />
The Spanish legal tradition had a great influence on the Civil Code of Argentina, basically a work of the<br />
Argentine jurist Dalmacio Vélez Sársfield, who dedicated five years of his life on this task. The Civil<br />
Code came into effect on 1 January 1871. Beyond the influence of the Spanish legal tradition, the<br />
Argentinian Civil Code was also inspired by the Draft of the Brazilian Civil Code, the Draft of the<br />
Spanish Civil Code of 1851, the Napoleonic code and the Chilean Civil Code. The sources of this Civil<br />
Code also include various theoretical legal works, mainly of the great French jurists of the 19th century.<br />
It was the first Civil <strong>Law</strong> that consciously adopted as its cornerstone the distinction between i. rights<br />
from obligations and ii. real property rights, thus distancing itself from the French model.<br />
The Argentinian Civil Code was also in effect in Paraguay, as per a Paraguayan law of 1880, until the<br />
new Civil Code went in force in 1987.<br />
In Argentina, this 1871 Civil Code remained in force until August 2015, when it was replaced by the new<br />
Código Civil y Comercial de la Nación.<br />
Andorra<br />
Armenia<br />
Aruba<br />
Austria<br />
Azerbaijan<br />
Belarus<br />
Belgium<br />
Benin<br />
Bolivia<br />
Bosnia<br />
Herzegovina<br />
Brazil<br />
Bulgaria<br />
Burkina Faso<br />
Burundi<br />
Chad<br />
and<br />
People's Republic<br />
of China<br />
Republic of the<br />
Congo<br />
Democratic<br />
Republic of the Congo<br />
Cote d'Ivoire<br />
Cambodia<br />
Cape Verde<br />
Central<br />
Republic<br />
Chile<br />
African<br />
During the second half of the 20th century, the German legal theory became increasingly influential in<br />
Argentina.<br />
Courts apply the customary laws of Andorra, supplemented with Roman law and customary Catalan<br />
law.<br />
Based on Napoleonic Civil law. The Legal System of Armenia<br />
Based on Dutch civil law<br />
Based on Germanic Civil law. The Allgemeines bürgerliches Gesetzbuch (ABGB) of 1811<br />
Based on German, French, Russian and traditional Azerbaijani <strong>Law</strong><br />
Based on Germanic Civil law<br />
The Napoleonic Code is still in use, although it is heavily modified (especially concerning family law)<br />
Based on Napoleonic Civil law.<br />
Influenced by the Napoleonic Code<br />
Influenced by Austrian law. The Swiss civil law (Zivilgesetzbuch) was a model for the <strong>Law</strong> on<br />
Obligations of 1978.<br />
Based on the German, Italian, French and Portuguese doctrine and codes. However, in 2004 the<br />
Federal Supreme Court (STF) have gained the authority to create binding precedents (súmulas<br />
vinculantes) about Constitutional norms whose validity,interpretation and eficacy are controversial<br />
among the judiciary organs or among these and the public administration. Such controversy must cause<br />
juridical unsafety and relevant multiplication of prossecutions about an identical theme for a binding<br />
precedent to be created. The STF is the only court in Brazil with such attribution.<br />
Civil <strong>Law</strong> system influenced by Germanic and Roman law systems<br />
Based on Germanic Civil law with influences from the Soviet Socialist from Soviet Union<br />
Based on the Napoleonic Civil law.<br />
Based on Belgian civil law<br />
Based on Portuguese civil law<br />
Based on the Chilean Civil <strong>Law</strong> inspired by the Napoleonic Civil <strong>Law</strong>. The Spanish legal tradition<br />
exercised an especially great influence on the civil code of Chile. On its turn, the Chilean civil code<br />
influenced to a large degree the drafting of the civil codes of other Latin-American states. For instance,<br />
Page 127 of 198
the codes of Ecuador (1861) and Colombia (1873) constituted faithful reproductions of the Chilean<br />
code, but for very few exceptions. The compiler of the Civil Code of Chile, Venezuelan Andrés Bello,<br />
worked for its completion for almost 30 years, using elements, of the Spanish law on the one hand, and<br />
of other Western laws, especially of the French one, on the other. Indeed, it is noted that he consulted<br />
and used all of the codes that had been issued till then, starting from the era of Justinian.<br />
Colombia<br />
Costa Rica<br />
Croatia<br />
Cuba<br />
Curaçao<br />
Czech Republic<br />
Denmark<br />
Dominican<br />
Republic<br />
Ecuador<br />
El Salvador<br />
Estonia<br />
Finland<br />
France<br />
Egypt<br />
Equatorial Guinea<br />
Ethiopia<br />
Gabon<br />
Guinea<br />
Guinea-Bissau<br />
Georgia<br />
Germany<br />
Greece<br />
The Civil Code came into effect on 1 January 1857. The influence of the Napoleonic code and the <strong>Law</strong><br />
of Castile of the Spanish colonial period (especially the Siete Partidas), is great; it is observed however<br />
that e.g. in many provisions of property or contract law, the solutions of the French code civil were put<br />
aside in favor of pure Roman law or Castilian law.<br />
Based on the Chilean Civil <strong>Law</strong>. Civil code introduced in 1873. Nearly faithful reproduction of the<br />
Chilean civil code<br />
Based on the Napoleonic Civil <strong>Law</strong>. First Civil Code (a part of the General Code or Carrillo Code) came<br />
into effect in 1841; its text was inspired by the South Peruvian Civil Code of Marshal Andres de Santa<br />
Cruz. The present Civil Code went into effect 1 January 1888, and was influenced by the Napoleonic<br />
Code and the Spanish Civil Code of 1889 (from its 1851 draft version).<br />
Based on the Germanic Civil <strong>Law</strong>. Croatian <strong>Law</strong> system is largely influenced by German and Austrian<br />
law systems. It is significantly influenced by the Civil Code of the Austrian Empire from 1811, known in<br />
Croatia as "General Civil <strong>Law</strong>" ("Opći građanski zakon"). OGZ was in force from 1853 to 1946. The<br />
Independent State of Croatia, a Nazi-controlled puppet state that was established in 1941 during World<br />
War II, used the OGZ as a basis for the 1943 "Base of the Civil Code for the Independent State of<br />
Croatia" ("Osnova građanskoga zakona za Nezavisnu Državu Hrvatsku"). After the War, Croatia<br />
become a member of the Yugoslav Federation which enacted in 1946 the "<strong>Law</strong> on immediate voiding of<br />
regulations passed before April 6, 1941 and during the enemy occupation" ("Zakon o nevaženju pravnih<br />
propisa donesenih prije 6. travnja 1941. i za vrijeme neprijateljske okupacije"). By this law OGZ was<br />
declared invalid as a whole, but implementation of some of its legal rules was approved. During the<br />
post-War era, the Croatian legal system become influenced by elements of the socialist law. Croatian<br />
civil law was pushed aside, and it took norms of public law and legal regulation of the social ownership.<br />
After Croatia declared independence from Yugoslavia on June 25, 1991, the previous legal system was<br />
used as a base for writing new laws. "The <strong>Law</strong> on Obligations" ("Zakon o obveznim odnosima") was<br />
enacted in 2005. Today, Croatia as a European union member state implements elements of the EU<br />
acquis into its legal system.<br />
Influenced by Spanish and American law with large elements of Communist legal theory.<br />
Based on Dutch Civil <strong>Law</strong>.<br />
Based on Germanic civil law. Descended from the Civil Code of the Austrian Empire (1811), influenced<br />
by German (1939–45) and Soviet (1947/68–89) legal codes during occupation periods, substantially<br />
reformed to remove Soviet influence and elements of socialist law after the Velvet Revolution (1989).<br />
The new Civil Code of the Czech Republic was introduced in 2014.<br />
Based on Nordic law. Scandinavian-German civil law<br />
Based by the Napoleonic Code<br />
Based on the Chilean civil law. Civil code introduced in 1861.<br />
Based on German civil law.<br />
Based on Nordic law.<br />
Based on Napoleonic code (code civil of 1804)<br />
Based on Napoleonic civil law and Islamic law.<br />
Based on French civil law system, customary law, and decree<br />
Based on Portuguese civil law<br />
Based on Germanic civil law. The Bürgerliches Gesetzbuch of 1900 ("BGB"). The BGB is influenced<br />
both by Roman and German law traditions.<br />
Based on Germanic civil law. The Greek civil code of 1946, highly influenced by traditional Roman law<br />
and the German civil code of 1900 (Bürgerliches Gesetzbuch); the Greek civil code replaced the<br />
Byzantine–Roman civil law in effect in Greece since its independence (Νομική Διάταξη της Ανατολικής<br />
Χέρσου Ελλάδος, Legal Provision of Eastern Mainland Greece, November 1821: 'Οι Κοινωνικοί Νόμοι<br />
των Αειμνήστων Χριστιανών Αυτοκρατόρων της Ελλάδος μόνοι ισχύουσι κατά το παρόν εις την<br />
Ανατολικήν Χέρσον Ελλάδα', 'The Social [i.e. Civil] <strong>Law</strong>s of the Dear Departed Christian Emperors of<br />
Greece [referring to the Byzantine Emperors] alone are in effect at present in Eastern Mainland<br />
Greece')<br />
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Guatemala<br />
Based on Napoleonic civil law. Guatemala has had three Civil Codes: the first one from 1877, a new<br />
one introduced in 1933, and the one currently in force, which was passed in 1963. This Civil Code has<br />
suffered some reforms throughout the years, as well as a few derogations relating to areas which have<br />
subsequently been regulated by newer laws, such as the Code of Commerce and the <strong>Law</strong> of the<br />
National Registry of Persons. In general, it follows the tradition of the Roman-French system of civil<br />
codification.<br />
Haiti<br />
Honduras<br />
Hungary<br />
Iceland<br />
India (only Goa,<br />
Daman and Diu and<br />
Dadra and Nagar<br />
Haveli)<br />
Italy<br />
Japan<br />
Latvia<br />
Lebanon<br />
Lithuania<br />
Luxembourg<br />
Libya<br />
Macau<br />
Mauritius<br />
Mexico<br />
Mongolia<br />
Montenegro<br />
Mozambique<br />
Netherlands<br />
Nepal<br />
Norway<br />
Regarding the theory of 'sources of law' in the Guatemalan legal system, the 'Ley del Organismo<br />
Judicial' recognizes 'the law' as the main legal source (in the sense of legislative texts), although it also<br />
establishes 'jurisprudence' as a complementary source. Although jurisprudence technically refers to<br />
judicial decisions in general, in practice it tends to be confused and identified with the concept of 'legal<br />
doctrine', which is a qualified series of identical resolutions in similar cases pronounced by higher courts<br />
(the Constitutional Court acting as a 'Tribunal de Amparo', and the Supreme Court acting as a 'Tribunal<br />
de Casación') whose theses become binding for lower courts.<br />
Based on Napoleonic civil law.<br />
Based on Germanic, codified Roman law with elements from Napoleonic civil law.<br />
Based on Nordic law. Germanic traditional laws and influenced by Medieval Norwegian and Danish<br />
laws.<br />
Based on Portuguese civil law<br />
Based on Germanic civil law, with elements of the Napoleonic civil code; civil code of 1942 replaced the<br />
original one of 1865<br />
Based on Germanic civil law. Japanese civil code of 1895.<br />
Based on Napoleonic and German civil law, as it was historically before the Soviet occupation. While<br />
general principles of law are prerequisites in making and interpreting the law, case law is also regularly<br />
applied to present legal arguments in courts and explain application of law in similar cases. Civil law<br />
largely modeled after Napoleonic code mixed with strong elements of German civil law. Criminal law<br />
retains Russian and German legal traditions, while criminal procedure law has been fully modeled after<br />
practice accepted in Western Europe. Civil law of Latvia enacted on 1937.<br />
Based on Napoleonic civil law.<br />
Modeled after Dutch civil law<br />
Based on Napoleonic civil law.<br />
Based on Napoleonic civil law, with Ottoman, Italian, and Egyptian sources<br />
Based on the Portuguese civil law; also influenced by the law of the PRC<br />
Based on Napoleonic civil law."The origins of Mexico's legal system are both ancient and classical,<br />
based on the Roman and French legal systems, and the Mexican system shares more in common with<br />
other legal systems throughout the world (especially those in Latin America and most of continental<br />
Europe) ..."<br />
Based on Germanic civil law.<br />
Based on Napoleonic and German civil law. First: the General Property Code for the Principality of<br />
Montenegro of 1888, written by Valtazar Bogišić. Present: the <strong>Law</strong> on Obligations of 2008.<br />
Based on Portuguese civil law<br />
Based on Napoleonic code with German law influence<br />
Based on Civil Code<br />
Scandinavian-German civil law. King Magnus VI the <strong>Law</strong>mender unified the regional laws into a single<br />
code of law for the whole kingdom in 1274. This was replaced by Christian V's Norwegian Code of<br />
1687.<br />
Panama<br />
Paraguay<br />
The Paraguayan Civil Code in force since 1987 is largely influenced by the Napoleonic Code and the<br />
Argentinian Code<br />
Peru<br />
Based on civil law system; accepts compulsory <strong>International</strong> Court of <strong>Justice</strong> ICJ jurisdiction with<br />
despotic and corrupting reservations;<br />
Poland The Polish Civil Code in force since 1965<br />
Portugal<br />
Influenced by the Napoleonic Code and later by the German Civil <strong>Law</strong><br />
Taiwan (Republic<br />
Influenced by German Civil Code. Enacted in 1931.<br />
of China)<br />
Romania<br />
Civil Code came into force in 2011. Based on the Civil Code of Quebec, but also influenced by the<br />
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Russia<br />
Rwanda<br />
São Tomé e<br />
Príncipe<br />
Serbia<br />
Slovakia<br />
Slovenia<br />
South Korea<br />
Spain<br />
Suriname<br />
Sweden<br />
Switzerland<br />
Timor-Leste<br />
Turkey<br />
Ukraine<br />
United States –<br />
Louisiana<br />
Uruguay<br />
Uzbekistan<br />
Vietnam<br />
Venezuela<br />
Napoleonic Code and other French-inspired codes (such as those of Italy, Spain and Switzerland)<br />
Civil <strong>Law</strong> system descendant from Roman <strong>Law</strong> through Byzantine tradition. Heavily influenced by<br />
German and Dutch norms in 1700–1800s. Socialist-style modification in 1900s, and Continental<br />
European <strong>Law</strong> influences since 1990s.<br />
Mixture of Belgian civil law and English common law<br />
Based on Portuguese civil law<br />
First: the Civil Code of Principality of Serbia of 1844, written by Jovan Hadžić, was influenced by the<br />
Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch). Present: The Swiss civil law<br />
(Zivilgesetzbuch) was a model for the <strong>Law</strong> on Obligations of 1978.<br />
Descended from the Civil Code of the Austrian Empire (1811), influenced by German (1939–45) and<br />
Soviet (1947/68–89) legal codes during occupation periods, substantially reformed to remove Soviet<br />
influence and elements of socialist law after the Velvet Revolution (1989).<br />
A Civil <strong>Law</strong> system influenced mostly by Germanic and Austro-Hungarian law systems<br />
Based on German civil law system. Also largely influenced by Japanese civil law which itself modelled<br />
after German one. Korean Civil Code was introduced 1958 and fully enacted by 1960.<br />
Influenced by the Napoleonic Code, it also has some elements of Spain's legal tradition, starting with<br />
the Siete Partidas, a major legislative achievement from the Middle Ages. That body of law remained<br />
more or less unchanged until the 19th century, when the first civil codes were drafted, merging both the<br />
Napoleonic style with the Castilian traditions.<br />
Based on Dutch civil law<br />
Scandinavian-German civil law. Like all Scandinavian legal systems, it is distinguished by its traditional<br />
character and for the fact that it did not adopt elements of Roman law. It is indeed worth mentioning that<br />
it assimilated very few elements of foreign laws whatsoever. It is also interesting that the Napoleonic<br />
Code had no influence in codification of law in Scandinavia. The historical basis of the law of Sweden,<br />
just as for all Nordic countries, is Old German law. Codification of the law started in Sweden during the<br />
18th century, preceding the codifications of most other European countries. However, neither Sweden,<br />
nor any other Nordic state created a civil code of the kind of the Code Civil or the BGB.<br />
The Swiss Civil Code of 1908 and 1912 (obligations; fifth book)<br />
Based on Portuguese civil law<br />
Modeled after the Swiss civil law (Zivilgesetzbuch) of 1907.<br />
Civil Code of Ukraine of 2004<br />
<strong>Law</strong> in the state of Louisiana is based on French and Spanish civil law<br />
Federal courts and 49 states use the legal system based on English common law (see below), which<br />
has diverged somewhat since the mid-nineteenth century in that they look to each other's cases for<br />
guidance on issues of first impression and rarely, if ever, look at contemporary cases on the same issue<br />
in the UK or the Commonwealth.<br />
Represents an evolution of Soviet civil law. Overwhelmingly strong impact of the Communist legal<br />
theory is traceable.<br />
Communist legal theory and French civil law<br />
Civil law<br />
Common <strong>Law</strong><br />
Common law and equity (legal concept) are systems of law whose sources are the<br />
decisions in cases by judges. In addition, every system will have a legislature that<br />
passes new laws and statutes. The relationships between statutes and judicial<br />
decisions can be complex. In some jurisdictions, such statutes may overrule judicial<br />
decisions or codify the topic covered by several contradictory or ambiguous decisions.<br />
In some jurisdictions, judicial decisions may decide whether the jurisdiction's<br />
constitution allowed a particular statute or statutory provision to be made or what<br />
meaning is contained within the statutory provisions. Statutes were allowed to be made<br />
by the government. Common law developed in England, influenced by Anglo-Saxon law<br />
and to a much lesser extent by the Norman conquest of England, which introduced legal<br />
concepts from Norman law, which, in turn, had its origins in Salic law. Common law was<br />
later inherited by the Commonwealth of Nations, and almost every former colony of the<br />
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British Empire has adopted it (Malta being an exception). The doctrine of stare decisis,<br />
also known as case law or precedent by courts, is the major difference to codified civil<br />
law systems.<br />
Common law is currently in practice in Ireland, most of the United Kingdom (England<br />
and Wales and Northern Ireland), Australia, New Zealand, Bangladesh, India (excluding<br />
Goa), Pakistan, South Africa, Canada (excluding Quebec), Hong Kong, the United<br />
States (on a state level excluding Louisiana), and many other places. In addition to<br />
these countries, several others have adapted the common law system into a mixed<br />
system. For example, Nigeria operates largely on a common law system, but<br />
incorporates religious law.<br />
In the European Union, the Court of <strong>Justice</strong> takes an approach mixing civil law (based<br />
on the treaties) with an attachment to the importance of case law. One of the most<br />
fundamental documents to shape common law is the English Magna Carta, which<br />
placed limits on the power of the English Kings. It served as a kind of medieval bill of<br />
rights for the aristocracy and the judiciary who developed the law.<br />
Country<br />
American Samoa<br />
Antigua and Barbuda<br />
Australia<br />
Bahamas<br />
Bangladesh<br />
Based on law of the United States<br />
Based on English common law<br />
Description<br />
Based on English common law. Some Indigenous Aboriginal laws are partially<br />
recognised in the system.<br />
Based on English common law<br />
Based on English common law, with family law heavily based on Shar'iah law.<br />
Barbados<br />
Based on English common law<br />
Belize<br />
Based on English common law<br />
Bhutan<br />
Based on English common law, with Indian influence. Religious law influences personal<br />
law.<br />
British Virgin Islands<br />
Based on English common law<br />
Canada Based on English common law, except in Quebec, where a civil law system based<br />
on French law prevails in most matters of a civil nature, such as obligations (contract<br />
and delict), property law, family law and private matters. Federal statutes take into<br />
account the bijuridical nature of Canada and use both common law and civil law terms<br />
where appropriate.<br />
Cayman Islands<br />
Based on English common law<br />
Cyprus<br />
Based on English common law as inherited from British colonisation, with civil law<br />
influences, particularly in criminal law.<br />
Dominica<br />
Based on English common law<br />
England and Wales Primarily common law, with early Roman and some modern continental European<br />
influences<br />
(UK)<br />
Fiji<br />
Based on English common law<br />
Gibraltar<br />
Based on English common law<br />
Ghana<br />
Grenada<br />
Hong Kong<br />
India<br />
Ireland<br />
Israel<br />
Jamaica<br />
Kiribati<br />
Based on English common law<br />
Principally based on English common law<br />
Based on English common law, except in Goa, Daman and Diu and Dadra and Nagar<br />
Haveli which follow a Civil law system based on the Portuguese Civil <strong>Law</strong><br />
Based on Irish law before 1922, which was itself based on English common law<br />
Based on English common law from the period of the British Mandate (that includes<br />
laws from Ottoman Empire time), also incorporating civil law and fragments of Halakha<br />
and Sharia for family law cases<br />
Based on English common law<br />
Based on English common law<br />
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Liberia<br />
Marshall Islands<br />
Myanmar<br />
Nauru<br />
Nepal<br />
New Zealand<br />
Northern<br />
Ireland<br />
(UK)<br />
Palau<br />
Pakistan [20]<br />
Saint Kitts and Nevis<br />
Saint Vincent and the Grenadines<br />
Singapore<br />
Tonga<br />
Trinidad and Tobago<br />
Tuvalu<br />
Uganda<br />
United States<br />
Based on Anglo-American and customary law<br />
Based on law of the United States<br />
Based on English common law<br />
Based on English common law<br />
Based on English common law<br />
Based on English common law<br />
Based on Irish law before 1921, in turn based on English common law<br />
Based on law of the United States<br />
Based on English common law with some provisions of Islamic law<br />
Based on English common law<br />
Based on English common law<br />
Based on English common law, but Muslims are subject to the Administration of Muslim<br />
<strong>Law</strong> Act, which gives the Sharia Court jurisdiction over Muslim personal law, e.g.,<br />
marriage, inheritance and divorce.<br />
Based on English common law<br />
Based on English common law<br />
Based on English common law<br />
Based on English common law<br />
Federal courts and 49 states use the legal system based on English common law, which<br />
has diverged somewhat since the mid-nineteenth century in that they look to each<br />
other's cases for guidance on issues of first impression and rarely, if ever, look at<br />
contemporary cases on the same issue in the UK or the Commonwealth.<br />
<strong>Law</strong> in the state of Louisiana is based on French and Spanish civil law (see above)<br />
Religious <strong>Law</strong><br />
Religious law refers to the notion of a religious system or document being used as a<br />
legal source, though the methodology used varies. For example, the use of Jewish and<br />
Halakha for public law has a static and unalterable quality, precluding amendment<br />
through legislative acts of government or development through judicial precedent;<br />
Christian Canon law is more similar to civil law in its use of codes; and Islamic Sharia<br />
law (and Fiqh jurisprudence) is based on legal precedent and reasoning by analogy<br />
(Qiyas), and is thus considered similar to common law.<br />
The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and canon law<br />
in some Christian groups. In some cases these are intended purely as individual moral<br />
guidance, whereas in other cases they are intended and may be used as the basis for a<br />
country's legal system. The latter was particularly common during the Middle Ages.<br />
The Halakha is followed by orthodox and conservative Jews in both ecclesiastical and<br />
civil relations. No country is fully governed by Halakha, but two Jewish people may<br />
decide, because of personal belief, to have a dispute heard by a Jewish court, and be<br />
bound by its rulings.<br />
The Islamic legal system of Sharia (Islamic law) and Fiqh (Islamic jurisprudence) is the<br />
most widely used religious law, and one of the three most common legal systems in the<br />
world alongside common law and civil law. It is based on both divine law, derived from<br />
the Qur'an and Sunnah, and the rulings of Ulema (jurists), who used the methods of<br />
Ijma (consensus), Qiyas (analogical deduction), Ijtihad (research) and Urf (common<br />
practice) to derive Fatwā (legal opinions). An Ulema was required to qualify for an<br />
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Ijazah (legal doctorate) at a Madrasa (law school/college) before they could issue<br />
Fatwā. During the Islamic Golden Age, classical Islamic law may have had an influence<br />
on the development of common law and several civil law institutions. Sharia law<br />
governs a number of Islamic countries, including Saudi Arabia and Iran, though most<br />
countries use Sharia law only as a supplement to national law. It can relate to all<br />
aspects of civil law, including property rights, contracts or public law.<br />
Country<br />
Afghanistan<br />
Egypt<br />
The Gambia<br />
Iran<br />
Libya<br />
Mauritania<br />
Morocco<br />
Nigeria<br />
Oman<br />
Saudi Arabia<br />
Sudan<br />
Yemen<br />
Description<br />
Islamic law & American/British law after invasion<br />
Islamic law is ensured in Article 2 of the Egyptian constitution.<br />
English common law, Islamic law and customary law<br />
Shia Islamic law<br />
Islamic law<br />
mix of Islamic law and French Civil Codes, Islamic law largely applicable to<br />
family law.<br />
mix of Islamic law and French Civil Codes, Islamic law largely applicable to<br />
family law. Halakha recognized to family law cases for Jewish citizens.<br />
Sharia in the northern states, common law in the south and at the federal<br />
level.<br />
Sharia and tribal custom laws<br />
Islamic law<br />
Based on Islamic law<br />
Islamic law<br />
Pluralistic Systems<br />
Civil <strong>Law</strong> and Canon <strong>Law</strong><br />
Canon law is not divine law, properly speaking, because it is not found in revelation.<br />
Instead, it is seen as human law inspired by the word of God and applying the demands<br />
of that revelation to the actual situation of the church. Canon law regulates the internal<br />
ordering of the Catholic Church, the Eastern Orthodox Church and the Anglican<br />
Communion. Canon law is amended and adapted by the legislative authority of the<br />
church, such as councils of bishops, individual bishops for their respective sees, the<br />
Pope for the entire Catholic Church, and the British Parliament for the Church of<br />
England.<br />
Vatican City<br />
Country<br />
Description<br />
Based on Roman, Italian, and Catholic canon law<br />
Civil <strong>Law</strong> and Common <strong>Law</strong><br />
Country<br />
Botswana<br />
Cameroon<br />
Cyprus<br />
Description<br />
Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa<br />
applied the law of the Cape Colony (now part of South Africa) to the Bechuanaland Protectorate (now<br />
Botswana).<br />
Based on English common law (Cyprus was a British colony 1878–1960), with admixtures of French and<br />
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Guyana<br />
Jersey<br />
Lesotho<br />
Louisiana<br />
(U.S.)<br />
Malta<br />
Mauritius<br />
Namibia<br />
Philippines<br />
Puerto<br />
(U.S.)<br />
Quebec<br />
(Canada)<br />
Saint Lucia<br />
Scotland<br />
(UK)<br />
Seychelles<br />
South Africa<br />
Sri Lanka<br />
Swaziland<br />
Thailand<br />
Vanuatu<br />
Zimbabwe<br />
Rico<br />
Greek civil and public law, Italian civil law, Indian contract law, Greek Orthodox canon law, Muslim<br />
religious law, and Ottoman civil law.<br />
The Bailiwick of Jersey's legal system draws on local legislation enacted by the States of Jersey,<br />
Norman customary law, English common law and modern French civil law<br />
Based on South African law. An 1884 proclamation by the High Commissioner for Southern Africa<br />
applied the law of the Cape Colony (now part of South Africa) to Basutoland (now Lesotho).<br />
Based on French and Spanish civil law, but federal laws (based on common law) are also in effect in<br />
Louisiana because of federal Supremacy Clause.<br />
Initially based on Roman <strong>Law</strong> and eventually progressed to the Code de Rohan, the Napoleonic Code<br />
with influences from Italian Civil <strong>Law</strong>. English common law however is also a source of Maltese <strong>Law</strong>,<br />
most notably in Public <strong>Law</strong><br />
<strong>Law</strong>s governing the Mauritian penal system are derived partly from French civil law and British common<br />
law.<br />
Based on South African law. South Africa conquered South-West Africa (now Namibia) in 1915, and a<br />
1919 proclamation by the Governor-General applied the law of the Cape Province of South Africa to the<br />
territory.<br />
Based on Spanish law; influenced by U.S. common law after 1898 Spanish– and Philippine–American<br />
Wars, personal law based on sharia law applies to Muslims<br />
Based on Spanish law; influenced by U.S. common law after 1898 (victory of the U.S. over Spain in the<br />
Spanish–American War of 1898 and cession of Puerto Rico to the U.S.); federal laws (based on<br />
common law) are in effect because of federal Supremacy Clause.<br />
After the 1763 Treaty of Paris awarded French Canada to Great Britain, the British initially attempted to<br />
impose English Common <strong>Law</strong>, but in response to the deteriorating political situation in the nearby<br />
Thirteen Colonies, the Quebec Act was passed in 1774, which allowed a mix of English Common <strong>Law</strong><br />
and customary civil law, based on the Coutume de Paris. Codification occurred in 1866 with the<br />
enactment of the Civil Code of Lower Canada, which continued in force when the modern Province of<br />
Quebec was created at Confederation in 1867. Canadian federal law in force in Quebec is based on<br />
common law, but federal statutes also take into account the bijuridical nature of Canada and use both<br />
common law and civil law terms where appropriate.<br />
Based on Roman and continental law, with common law elements dating back to the High Middle Ages.<br />
The substantive civil law is based on the French Civil Code. Otherwise the criminal law and court<br />
procedure are based on the English common law. See Seychelles Legal Environment.<br />
An amalgam of Roman-Dutch civil law and English common law, as well as Customary <strong>Law</strong>.<br />
An amalgam of English common law, Roman-Dutch civil law and Customary <strong>Law</strong><br />
Based on South African law. A 1907 proclamation by the High Commissioner for Southern Africa applied<br />
the Roman-Dutch common law of the Transvaal Colony (now part of South Africa) to Swaziland.<br />
The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, and<br />
Indian laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over<br />
the years, Thai law has naturally taken on its own Thai identity.<br />
Consists of a mixed system combining the legacy of English common law, French civil law and<br />
indigenous customary law.<br />
Based on South African law. An 1891 proclamation by the High Commissioner for Southern Africa<br />
applied the law of the Cape Colony (now part of South Africa) to Southern Rhodesia (now Zimbabwe).<br />
Civil <strong>Law</strong> and Sharia <strong>Law</strong><br />
Country<br />
Afghanistan<br />
Algeria<br />
Bahrain<br />
Comoros<br />
Djibouti<br />
Egypt<br />
Eritrea<br />
Jordan<br />
Morocco<br />
Oman<br />
Qatar<br />
Description<br />
Family <strong>Law</strong> (personal Statute) for Muslims based on Islamic Jurisprudence, Separate Personal<br />
Statute for non Muslims, and all other branches of <strong>Law</strong> are based on French civil law system<br />
Mainly based on French Civil Code and Ottoman Majalla, Islamic law applicable to family law<br />
Based on Islamic law and French and Spanish civil law system<br />
Based on Islamic law and Egyptian civil law system (after the French civil law system)<br />
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Syria<br />
United Arab Emirates<br />
Based on Islamic law and French civil law system<br />
Based on Islamic law and Egyptian civil law system (after the French civil law system)<br />
Common <strong>Law</strong> and Sharia <strong>Law</strong><br />
Country<br />
Bangladesh<br />
Brunei<br />
Gambia<br />
Malaysia<br />
Nigeria<br />
Pakistan<br />
United Arab Emirates<br />
Description<br />
Common law, personal law based on sharia law applies to Muslims<br />
Based on English common law, personal law based on sharia law applies to Muslims<br />
Sharia is applied in some northern states<br />
Based on English Common <strong>Law</strong>, some Islamic law applications in inheritance. Tribal <strong>Law</strong> in FATA<br />
Based on Common law system in the Dubai <strong>International</strong> Financial Center (DIFC Courts) and Abu<br />
Dhabi Global Market (ADGM) Courts (after the English Common law system)<br />
Hybrid <strong>Law</strong><br />
India<br />
Country<br />
Indonesia<br />
Description<br />
The most prominent example of a hybrid legal system is the Indian legal system. India follows a mixture<br />
of civil, common law and customary or religious law. Separate personal law codes apply to Muslims,<br />
Christians, and Hindus. Decisions by the Supreme Court of India and High Courts are binding on the<br />
lower courts. Further, most of the laws are statutory and it also has a constitution which signifies the Civil<br />
nature of law in India. Ethiopia also follows this system.<br />
Based on civil law of The Netherlands and adat (cultural law of Indonesia)<br />
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Perceptions<br />
Despite the usefulness of different classifications, every legal system has its own<br />
individual identity. Below are groups of legal systems, categorized by their geography.<br />
Click the "expand" buttons on the right for the lists of countries. Some studies show that<br />
ethnic minorities are more likely to feel that the legal system within their particular<br />
jurisdiction is unfair and unjust. People with mental health issues, particularly young<br />
ones are also likely to have a low opinion of the justice system.<br />
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IX. <strong>International</strong> Treatises<br />
This List of Treaties contains known historic agreements, pacts, peaces, and<br />
major contracts between states, armies, governments, and tribal groups.<br />
Before AD 1200<br />
Year Name Summary<br />
c. 2100 (Lagash and Umma of Border agreement between the rulers of the city-states of Lagash and Umma in<br />
BC Mesopotamia)<br />
Mesopotamia, inscribed on a stone block, setting a prescribed boundary between their<br />
two states.<br />
c.<br />
1259 BC<br />
Egyptian–Hittite peace treaty Treaty between the Egyptian pharaoh Ramses II and the Hittite monarch Hattusili III<br />
after the Battle of Kadesh.<br />
c. 493 Foedus Cassianum<br />
Ends the war between the Roman Republic and the Latin League.<br />
BC<br />
c. 450 Peace of Callias<br />
Ends the Persian Wars.<br />
BC<br />
445 BC Thirty Years' Peace Ends the First Peloponnesian War between Athens and Sparta.<br />
421 BC Peace of Nicias Athens and Sparta end the first phase of the Peloponnesian War.<br />
387 BC Peace of Antalcidas Sets the boundaries of Greek and Persian territory.<br />
241 BC Treaty of Lutatius Ends the First Punic War.<br />
226 BC Ebro Treaty Establishes the Ebro River in Iberia as the boundary line between the Roman Republic<br />
and Carthage.<br />
215 BC Macedonian–Carthaginian<br />
Treaty<br />
Establishes an anti-Roman alliance between Philip V of Macedon and Hannibal of<br />
Carthage.<br />
205 BC Treaty of Phoenice Ends the First Macedonian War.<br />
196 BC Treaty of Tempe Ends the Second Macedonian War.<br />
188 BC Treaty of Apamea Between the Roman Republic and Antiochus III (the Great), ruler of the Seleucid<br />
Empire.<br />
161 BC Roman–Jewish Treaty Establishes friendship between Judas Maccabeus and the Roman Republic.<br />
85 BC Treaty of Dardanos Ends the First Mithridatic War.<br />
387 Peace of Acilisene Between the Eastern Roman (Byzantine) Empire and the Sassanian Persian Empire.<br />
532 The Eternal Peace Between the Eastern Roman (Byzantine) Empire and the Sassanian Persian Empire.<br />
562 The Fifty-Year Peace Between the Eastern Roman (Byzantine) Empire and the Sassanian Persian Empire.<br />
587 Treaty of Andelot Between Frankish rulers Guntram and Brunhilda; Guntram adopts Brunhilda's son<br />
Childebert II.<br />
628 Treaty of Hudaybiyyah Between Muslims and the Quraish.<br />
638 Ili River Treaty Between Eastern Turks and the Western Turks (Onok).<br />
641 The Bakt Between Nubia and Egypt.<br />
713 Treaty of Orihuela Establishes a dhimmi over the Christian inhabitants of Orihuela.<br />
716 Byzantine–Bulgarian Treaty<br />
of 716<br />
Officially ends the Battle of Anchialus and establishes the borders between Byzantium<br />
and the Bulgarian Empire.<br />
783 Peace treaty between China Peace treaty between Tang China and the Tibetan Empire.<br />
and Tibet (783) (fr)<br />
803 Pax Nicephori Peace between Charlemagne and the Byzantine Empire; recognizes Venice as<br />
Byzantine territory.<br />
811 Treaty of Heiligen Sets the southern boundary of Denmark at the Eider River.<br />
815 Byzantine–Bulgarian Treaty<br />
of 815<br />
Ends prolonged series of conflicts between the Bulgarian Empire and the Byzantine<br />
Empire in Bulgarian favor.<br />
822 Peace treaty between China ends a conflict between China and Tibet<br />
and Tibet (822) (fr)<br />
836 Pactum Sicardi Peace between the Duchy of Naples and the Principality of Salerno under Sicard.<br />
843 Treaty of Verdun Partitions the Carolingian Empire.<br />
870 Treaty of Mersen Further partitions the Carolingian Empire.<br />
878–890 Treaty of Alfred and Between Alfred of Wessex and Guthrum, the Viking ruler of East Anglia.<br />
Guthrum<br />
907 Rus'–Byzantine Treaty (907) Regulates the status of the colony of Rus' merchants in Constantinople.<br />
911 Rus'–Byzantine Treaty (911) Between the Byzantine Empire and Kievan Rus'.<br />
Treaty of Saint-Clair-sur- Charles the Simple grants Normandy to Rollo.<br />
Epte<br />
921 Treaty of Bonn West Francia and East Francia both recognize each other.<br />
945 Rus'–Byzantine Treaty (945) Between the Byzantine Empire and Kievan Rus'.<br />
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1004 Chanyuan Treaty Establishes relations between the Northern Song and Liao Dynasties.<br />
1013 Peace of Merseburg Between Holy Roman Emperor Henry II and Duke Bolesław I the Brave of Poland.<br />
1018 Peace of Bautzen Between Holy Roman Emperor Henry II and Duke Bolesław I the Brave of Poland.<br />
1031 Peace of Bautzen Between Holy Roman Emperor Conrad II and Duke Mieszko II of Poland.<br />
1033 Peace of Merseburg Between Holy Roman Emperor Conrad II and Duke Mieszko II of Poland.<br />
1059 Treaty of Melfi Pope Nicholas II recognizes Norman influence in southern Italy.<br />
1080 Treaty of Ceprano Pope Gregory VII establishes an alliance with Robert Guiscard and recognizes his<br />
conquests.<br />
1082 Byzantine–Venetian Treaty Byzantium grants trade concessions to Venice in return for military aid against the<br />
of 1082<br />
Normans.<br />
1091 Treaty of Caen Ends rivalry between William II of England and Duke Robert Curthose of Normandy.<br />
1101 Treaty of Alton Robert Curthose recognizes Henry I as King of England.<br />
1108 Treaty of Devol The Principality of Antioch becomes a nominal vassal of the Byzantine Empire.<br />
1122 Pactum Calixtinum Between Pope Callixtus II and Holy Roman Emperor Henry V, Holy Roman Emperor.<br />
1123 Pactum Warmundi The crusader Kingdom of Jerusalem allies with Venice.<br />
1139 Treaty of Mignano Roger II of Sicily recognised as king by the legitimate Pope Innocent II.<br />
1141 Treaty of Shaoxing Ends conflicts between the Jin Dynasty and Southern Song Dynasty.<br />
1143 Treaty of Zamora Recognises Portuguese independence from the Kingdom of León.<br />
1151 Treaty of Tudilén Recognises the conquests of the Crown of Aragon south of the Júcar and recognises<br />
future conquests in Murcia.<br />
1153 Treaty of Wallingford Officially ends The Anarchy between Empress Matilda and her cousin Stephen of<br />
England.<br />
Treaty of Constance<br />
Frederick I, Holy Roman Emperor, and Pope Eugene III agree to defend Italy against<br />
Manuel I Comnenus.<br />
1156 Treaty of Benevento Peace between the Papacy and the Kingdom of Sicily.<br />
1158 Treaty of Sahagún (1158) Between Sancho III of Castile and Ferdinand II of León.<br />
1170 Treaty of Sahagún (1170) Between Alfonso VIII of Castile and Alfonso II of Aragon.<br />
1175 Treaty of Windsor (1175) Between King Henry II of England and the last High King of Ireland, Rory O'Connor<br />
during Norman expansion in Ireland.<br />
1177 Treaty of Venice Peace between the Papacy, the Lombard League, the Kingdom of Sicily, and the Holy<br />
Roman Emperor, Frederick Barbarossa.<br />
1179 Treaty of Cazorla Defines the zones of conquest in Andalusia between Aragon and Castile.<br />
1183 Peace of Constance Peace between the Lombard League and the Holy Roman Emperor, Frederick<br />
Barbarossa. Reaffirms the Peace of Venice.<br />
1192 Treaty of Jaffa Ends the Third Crusade.<br />
1200–1299<br />
Year Name Summary<br />
1200 Treaty of Le Goulet John of England and Philip II of France make peace. Marriage between Blanche of Castile<br />
and Louis VIII of France.<br />
1204 Partitio terrarum imperii<br />
Romaniae<br />
1209 Treaty of Speyer Otto IV renounces the Concordat of Worms.<br />
1212 Golden Bull of Sicily Determines the rights and duties of the Bohemian monarchs.<br />
1214 Treaty of Nymphaeum Establishes peace between the Nicaean Empire and the Latin Empire.<br />
Agreement between the participants of the Fourth Crusade on the division of the Byzantine<br />
Empire. Establishment of the Latin Empire<br />
Treaty of Chinon Between King John of England and Philip II of France<br />
(1214) (fr)<br />
1215 Magna Carta Between King John of England and his subjects.<br />
1217 Treaty of Lambeth Between Louis VIII of France and Henry III of England.<br />
1218 Golden Charter of Bern Establishes Bern as an independent state.<br />
1219 Nicaean–Venetian<br />
Treaty of 1219<br />
Grants Venetians freedom of trade and duty-free imports throughout the Nicaean Empire in<br />
exchange for non-support for the Latin Empire.<br />
1220 Treaty with the Princes Between Holy Roman Emperor Frederick II and German bishops.<br />
of the Church<br />
1222 Golden Bull of 1222 Andrew II of Hungary grants Hungarian nobles the power to disobey the king when he acted<br />
contrary to the law.<br />
1226 Treaty of Melun Forces the counts of Flanders to swear fealty to the French crown.<br />
Golden Bull of Rimini Resolves disputes over Chełmno Land.<br />
1229 Treaty of Paris (1229) Officially ends the Albigensian Crusade.<br />
1230 Treaty of San Germano Holy Roman Emperor Frederick II restores Sicily to Pope Gregory IX.<br />
Treaty of Ceprano Establishes lines of reconciliation between Pope Gregory IX and Holy Roman Emperor<br />
(1230)<br />
Frederick II.<br />
Treaty of Kruszwica Konrad I of Masovia grants Chełmno Land to the Prussians and the Order of Dobrzyń.<br />
1234 Golden Bull of Rieti Recognizes Kulmerland (Chełmno Land) as subject to the Pope's authority and not as a fief<br />
belonging to anyone.<br />
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1236 Treaty of Kremmen The Margraviate of Brandenburg gains most of the territory and the right of succession for<br />
Pomerania-Demmin.<br />
1237 Treaty of York A feudal agreement between Henry III of England and Alexander III of Scotland.<br />
1244 Treaty of Almizra Establishes the borders of the Kingdom of Valencia.<br />
Treaty of Játiva<br />
Permits the Moors of Spain to hold on to the Xativa Castle for two years before relinquishing<br />
it to King James I of Aragon.<br />
1245 Al-Azraq Treaty Between the King James I of Aragon and the Muslim commander Mohammad Abu Abdallah<br />
Ben Hudzail al Sahuir.<br />
1249 Treaty of Christburg Establishes peace between the pagan Prussian clans and the Teutonic Knights.<br />
Treaty of Lödöse<br />
Prevents mutual hostility between the Kingdom of Sweden and the Kingdom of Norway from<br />
escalating into war.<br />
1250 Treaty of Landin Succession of Pomerania-Demmin: The Margraviate of Brandenburg's rights are dropped in<br />
favour of Pomerania-Stettin<br />
1258 Treaty of Corbeil Establishes a border between France and the Crown of Aragon.<br />
Provisions of Oxford<br />
Between King Henry III, of England and his Barons. Established a permanent baronial<br />
council / Parliament.<br />
1259 Treaty of Paris [16] Between Louis IX of France and Henry III of England.<br />
1261 Treaty of Nymphaeum A trade and defense pact between the Nicaean Empire and the Republic of Genoa.<br />
1262 Old Covenant Between the major chieftains of Iceland and Haakon IV of Norway. The signing brought<br />
about the union of Iceland with Norway<br />
1265 Treaty of Pipton Established alliance between Prince Llywelyn ap Gruffudd of Wales and Simon de Montford<br />
during the Second Barons' War.<br />
1266 Dictum of Kenilworth Ends hostilities between the supporters of Simon de Montfort, 6th Earl of Leicester and<br />
Henry III of England; comes into effect in 1267.<br />
Treaty of Perth<br />
Terms of sovereignty over the Western Isles, the Isle of Man, and the Northern Isles agreed<br />
between Norway and Scotland.<br />
1267 Treaty of Badajoz King Alfonso X and King Afonso III agree to use the Guadiana River as the boundary line<br />
separating Castile and Portugal.<br />
Treaty of Montgomery Henry III of England acknowledges Llywelyn ap Gruffudd's title as the 'Prince of Wales'.<br />
Treaty of Viterbo Grants Charles I of Anjou claims to the defunct Latin Empire.<br />
1271 Peace of Pressburg Ends war between Bohemia and Hungary.<br />
1277 Treaty of Aberconwy Between King Edward I of England and Llewelyn the Last of Wales.<br />
1278 Paréage of Andorra Between the Count of Foix, Roger-Bernard III, and the Bishop of Urgell, Pere d'Urtx,<br />
1278<br />
establishing their joint-sovereignty over the territory of Andorra.<br />
1281 Treaty of Orvieto Between Charles I of Sicily, the Republic of Venice, and Philip of Courtenay; attempts to<br />
recover the Latin Empire.<br />
1283 Treaty of Rheinfelden Duke Rudolph II of Austria surrenders power to his older brother Albert I of Germany.<br />
Rostock Peace Treaty Between 8 Hanseatic towns in the Baltic region, the dukes of Saxony and Pomerania, the<br />
prince of Rügen, the lords of Schwerin and Dannenberg and the nobility of Rostock.<br />
1289–<br />
1290<br />
Treaty of Birgham Attempts to end competing claims between the House of Balliol and the House of Bruce for<br />
the Scottish throne; never comes into effect.<br />
1291 Treaty of Tarascon Ends the Aragonese Crusade.<br />
1295 Auld Alliance Scotland and France forge the first treaty of mutual self-defense against England.<br />
Treaty of Anagni Reaffirms the Treaty of Tarascon, but fails to diplomatically settle the Sicilian question.<br />
1300–1399<br />
Year Name Summary<br />
1302 Peace of Caltabellotta Ends the War of the Sicilian Vespers.<br />
1303 Treaty of Paris Restores Gascony to England from France during the Hundred Years' War.<br />
1304 Treaty of Torrellas Brought peace to Castile and Aragon and divided up the Kingdom of Murcia between them.<br />
1305 Treaty of Athis-sur- France acquires the cities of Lille, Douai, and Béthune and Flanders retains its independence.<br />
Orge<br />
Treaty of Elche<br />
Modifies the Treaty of Torrellas and grants Cartagena to Castile.<br />
1309 Treaty of Soldin (1309) The Teutonic Order purchases from Margrave Waldemar of Brandenburg-Stendal the rights to<br />
Pomerelia and Danzig (Gdańsk).<br />
1317 Treaty of Templin Ascanians surrender the territories of Schlawe-Stolp to the Pomeranians.<br />
1323 Treaty of Nöteborg Sets the boundary between Sweden and Novgorod Republic.<br />
Treaty of Paris<br />
Count Louis of Flanders relinquishes Flemish claims over Zeeland.<br />
1326 Treaty of Corbeil Renews the Auld Alliance between France and Scotland.<br />
Treaty of Novgorod End decades of border skirmishes at the border of Norway and Novgorod Republic.<br />
1328 Treaty of Edinburgh– Between Edward III of England and the Scots.<br />
Northampton<br />
1329 Treaty of Pavia (1329) Between Louis IV, Holy Roman Emperor and his nephews.<br />
1338 Declaration of Rhense German princes elect German kings without the consent of the Papacy.<br />
1340 Truce of Espléchin Between the English and French crowns during the Hundred Years' War.<br />
Page 139 of 198
1343 Treaty of Kalisz (1343) Between King Casimir III the Great of Poland and the Teutonic Knights.<br />
1354 Treaty of Stralsund Settles border disputes between the duchies of Mecklenburg and Pomerania.<br />
(1354)<br />
Treaty of Mantes First peace between Charles II of Navarre and John II of France.<br />
1355 Treaty of Valognes Second peace between Charles II of Navarre and John II of France.<br />
Treaty of Paris (1355) Recognizes the annexation of the Barony of Gex by the county of Savoy.<br />
1358 Treaty of Zadar The Republic of Venice loses influence over territories in Dalmatia.<br />
1359 Treaty of London Cedes western France to England; repudiated by the Estates-General in Paris.<br />
(1359)<br />
1360 Treaty of Brétigny Ends the first phase of the Hundred Years' War.<br />
1370 Treaty of Stralsund Ends the war between the Hanseatic League and Denmark.<br />
(1370)<br />
1371 Treaty of Vincennes- Renewal of the Auld Alliance between the Kingdoms of France and Scotland.<br />
Edinburgh<br />
1373 Anglo-Portuguese<br />
Treaty of 1373<br />
Treaty of alliance between King Edward III of England and King Ferdinand I and Queen Eleanor<br />
of Portugal; it is the oldest treaty still in force.<br />
1379 Treaty of Neuberg Divides Habsburg lands between Dukes Albert III and Leopold III.<br />
1380 Treaty of Dovydiškės Jogaila signs a secret peace treaty with the Teutonic Knights against Kęstutis.<br />
1382 Treaty of Dubysa Jogaila promises to convert the Grand Duchy of Lithuania to Christianity, cede Samogitia, and<br />
establish a four-year alliance with the Teutonic Knights; never comes into effect.<br />
1384 Treaty of Königsberg<br />
(1384)<br />
Vytautas agreed to cede Samogitia to the Teutonic Knights in exchange for their support in the<br />
war against Jogaila, but the treaty was later broken<br />
1385 Union of Krewo Establishes a dynastic union between Poland and Lithuania.<br />
1386 Treaty of Windsor Renews the Anglo-Portuguese Alliance.<br />
(1386)<br />
1390 Treaty of Königsberg Establishes alliance between Vytautas the Great and the Teutonic Order.<br />
(1390)<br />
1390 Treaty of Lyck Vytautas agreed to cede Samogitia to the Teutonic Knights in exchange for their support in the<br />
war against Jogaila, but the treaty was again broken<br />
1392 Ostrów Agreement Vytautas and Jogaila made peace, but attacks from the Teutonic Knights continued as a result of<br />
the Samogitian dispute<br />
1397 Treaty of Kalmar Establishes the Kalmar Union; becomes null and void in 1523.<br />
1398 Treaty of Salynas Vytautas the Great cedes Samogitia to the Teutonic Knights.<br />
1400–1499<br />
Year Name Summary<br />
1401 Pact of Vilnius and Reaffirms the Union of Krewo and grants autonomy to the Grand Duchy of Lithuania.<br />
Radom<br />
1411 First Peace of Thorn Ends the Polish–Lithuanian–Teutonic War.<br />
1412 Treaty of Lubowla Between Władysław II of Poland and Sigismund of Luxemburg, king of Hungary.<br />
Compromise of Caspe Between the crowns of Aragon and Castile, ensuring the access of the royal House of<br />
Trastámara to the Aragonese crown, thus eventually uniting Spain.<br />
Peace of Baden<br />
Signed by the Swiss Confederation and Frederick IV, Duke of Austria, (broken after 2 years by<br />
the Swiss)<br />
1413 Union of Horodło Reaffirms the Union of Krewo and the Pact of Vilnius and Radom; permits Lithuania to have a<br />
separate Grand Duke and parliament.<br />
1416 Ottoman–Venetian Maritime trade rights to Republic of Venice<br />
maritime treaty (1416)<br />
1420 Treaty of Troyes Attempt to pass the French throne to England.<br />
1422 Treaty of Melno The Teutonic Knights relinquish Nieszawa to Poland and all claims to Samogitia and northern<br />
Lithuania to the Grand Duchy of Lithuania; Poland renounces claims to Pomerelia, Culmerland,<br />
and the Michelauer Land east of Culmerland.<br />
1424 Edict of Wieluń Outlaws Hussitism in the Kingdom of Poland.<br />
1428 Treaty of Delft Ends hostilities between England and Flanders.<br />
1431 Treaty of Medina del Peace between Portugal and Castile; ratified in Almeirim in 1432.<br />
Campo (1431)<br />
1432 Union of Grodno (1432) Reinforces the Polish–Lithuanian union.<br />
1433 Truce of Łęczyca Mitigates hostilities in the Polish–Teutonic War (1431–35) between the Kingdom of Poland and<br />
the Teutonic Order in Łęczyca.<br />
1435 Treaty of Arras (1435) Reconciles a longstanding feud between King Charles VII of France and Philip, Duke of<br />
Burgundy.<br />
Peace of Brześć Ends the Polish–Teutonic War (1431–35).<br />
Kujawski<br />
1441 Treaty of Copenhagen<br />
(1441)<br />
Christopher of Bavaria crushed a great peasant rebellion in Northern Jutland; Baltic Sea is<br />
opened to Dutch traders.<br />
Page 140 of 198
1443 Treaty of Gyehae Between the Joseon dynasty and Sō Clan (lord of Tsushima Island); controls Japanese piracy<br />
and legitimizes trade between Tsushima Island and a Korean port.<br />
1444 Peace of Szeged Between the Kingdom of Hungary and the Ottoman Empire.<br />
1454 Treaty of Lodi Peace between Milan, Florence and Venice.<br />
Treaty of Cölln<br />
State of the Teutonic Order pawns Neumark to Electorate of Brandenburg<br />
Treaty of Constantinople between the Ottoman Empire and the Republic of Venice<br />
1455 Treaty of Mewe State of the Teutonic Order sells Neumark to Electorate of Brandenburg<br />
1456 Treaty of Yazhelbitsy Establishes peace between Vasili II and the people of Novgorod.<br />
1460 Treaty of Ribe Defines status of Schleswig and Holstein.<br />
1462 Treaty of Westminster Divides Scotland between King Edward IV of England and the Earl of Douglas.<br />
(1462)<br />
1464 Treaty of York (1464) Aligns James III of Scotland with Yorkist England<br />
1465 Treaty of Conflans Officially ends the Guerre folle (Mad War).<br />
1466 Second Peace of Thorn Ends the Thirteen Years' War between Poland and the Teutonic Knights.<br />
(1466)<br />
Treaty of Soldin (1466) Duchy of Pomerania becomes a nominal fief of the Electorate of Brandenburg. Implementation<br />
failed, war ensued.<br />
1468 Treaty of Péronne Between Duke Charles I of Burgundy and King Louis XI of France.<br />
(1468)<br />
1472 Treaty of Prenzlau Declares Albert III, Elector of Brandenburg, ruler of Pomerania–Stettin.<br />
1474 Treaty of Utrecht (1474) Ends the Anglo-Hanseatic War between England and the Hanseatic League led by Lübeck and<br />
Danzig.<br />
Treaty of London (1474) Charles the Bold of Burgundy agrees to support Edward IV's planned invasion of France.<br />
1475 Treaty of Picquigny Louis XI pays Edward IV to stay in England and not pursue his claim to the French throne.<br />
1478 Treaty of Brno (1478) Divides Bohemian territories between Ladislaus II of Bohemia and Hungary and Matthias<br />
Corvinus.<br />
1479 Peace of Olomouc Ratifies the Treaty of Brno (1478).<br />
Treaty of Alcáçovas Between the Kingdom of Castile and Portugal; ends the Castilian Civil War begun in 1474.<br />
Treaty of Constantinople Officially ends the fifteen-year war between Venice and the Ottoman Empire.<br />
(1479)<br />
1482 Treaty of Fotheringhay Edward IV of England undertook to place the Duke of Albany on his brother's throne of<br />
Scotland.<br />
Treaty of Arras (1482) Between King Louis XI of France and the governments of the Low Countries.<br />
Treaty of Münsingen Count Eberhard V reunites the divided county of Württemberg and declares it indivisible.<br />
1484 Treaty of Bagnolo Ends the War of Ferrara (1482–1484) between Ercole d'Este I and Pope Sixtus IV along with his<br />
Venetian allies.<br />
1485 Treaty of Leipzig Divides Saxony between Ernest, Elector of Saxony and Albert, Duke of Saxony.<br />
1488 Treaty of Sablé Duke Francis I of Brittany becomes a vassal of King Charles VIII of France.<br />
1489 Treaty of Medina del Primarily a marriage contract between Arthur Tudor and Catherine of Aragon.<br />
Campo (1489)<br />
Treaty of Frankfurt Between Maximilian of Austria and the envoys of King Charles VIII of France.<br />
(1489)<br />
Treaty of Dordrecht Establishes an alliance between Holy Roman Emperor Maximilian I and King Henry VII of<br />
(1489)<br />
England.<br />
Treaty of Redon<br />
1490 Treaty of Woking<br />
(Okyng)<br />
Henry VII of England grants Lord Daubeney of Brittany 6000 English troops.<br />
Between King Henry VII of England, and Queen Isabella I of Castile and King Ferdinand II of<br />
Aragon, by Ambassador in London, Dr Rodrigo Gonzalez de la Puebla; for the marriage of<br />
Catherine of Aragon to Arthur, Prince of Wales<br />
1491 Peace of Pressburg Defines the future succession of the Austrian and Hungarian kingdoms.<br />
(1491)<br />
Treaty of Granada Relinquishes the sovereignty of the Moorish Kingdom of Granada to Spain.<br />
(1491)<br />
1492 Treaty of Bourges (fr) some provinces were to be given to Henry IV of England<br />
Peace of Etaples Ends war between England and France.<br />
1493 Treaty of Barcelona France cedes Roussillon and Cerdagne to Spain in return for Spanish neutrality during its war<br />
with Italy.<br />
Treaty of Senlis<br />
France cedes the Duchy of Burgundy, the County of Artois, Picardy and the Low Countries to<br />
the House of Habsburg.<br />
Treaty of Pyritz<br />
preliminary end to the Brandenburg-Pomeranian conflict<br />
1494 Treaty of Tordesillas Divides the world between Spain and Portugal.<br />
1496 Intercursus Magnus Resolves some trade wars between England and the Netherlands.<br />
1497 Treaty of Ayton Seven year peace between England and Scotland under the arbitration of Ferdinand and<br />
Isabella of Spain.<br />
1499 Treaty of Basel (1499) Concludes the Swabian War fought between the Swabian League and the Old Swiss<br />
Confederacy.<br />
Page 141 of 198
1500–1599<br />
Year Name Summary<br />
1500 Treaty of Granada King Ferdinand II of Aragon agrees to support French claims over the Kingdom of<br />
Naples.<br />
1501 Treaty of Trente Austria recognises all French conquests in northern Italy.<br />
1502 Treaty of Perpetual Peace Ends hostilities between England and Scotland; void in 1513.<br />
1504 Treaty of Blois Temporarily halts the Italian Wars.<br />
Treaty of Lyons<br />
Louis XII of France cedes Naples to Ferdinand II of Aragon.<br />
1511 Treaty of Westminster Treaty of alliance between Henry VIII of England and Ferdinand II of Aragon against<br />
France.<br />
1516 Peace of Noyon Divides Italy between France and Spain.<br />
1517 Treaty of Rouen Attempts to renew the Auld Alliance.<br />
1518 Treaty of London Establishes a non-aggression pact between France, England, Holy Roman Empire, the<br />
Papacy, Spain, Burgundy and the Netherlands.<br />
1521 Treaty of Bruges Treaty between England and the Holy Roman Empire during the Italian War of 1521–<br />
1526<br />
1522 Treaty of Windsor Between Charles V, Holy Roman Emperor, and Henry VIII of England; its main clause<br />
was the invasion of France.<br />
1524 Treaty of Malmö Ends the Swedish War of Liberation.<br />
1526 Treaty of Hampton Court Establishes peace between France and England.<br />
Treaty of Madrid<br />
France relinquishes the Duchy of Burgundy and the Charolais; temporarily ends French<br />
interests in Italy.<br />
Alliance treaty between Ending effective Savoy dynasty rule over Geneva. Geneva became part of the Swiss<br />
Geneva, Berne and Fribourg confederation The treaty was concluded on February 20 and ratified on March 12, 1526<br />
Treaty of Berwick<br />
Three year peace agreement between Scotland and England.<br />
1527 Treaty of Westminster Treaty of alliance between King Henry VIII of England and King Francis I of France<br />
against King Charles V of Spain.<br />
1528 Treaty of Gorinchem Between Charles V, Holy Roman Emperor, and Duke Charles of Guelders.<br />
1529 Treaty of Barcelona Francis I, returns the Franche-Comté and promises to return the Duchy of Burgundy.<br />
Treaty of Cambrai<br />
Also known as the Paix des Dames (Ladies' Peace).<br />
Treaty of Saragossa<br />
Specifies the anti-meridian line of demarcation between Spanish and Portuguese<br />
Treaty of Grimnitz<br />
imperial territories.<br />
House of Hohenzollern and House of Pomerania agree on legal status and succession<br />
in the Duchy of Pomerania<br />
1533 Treaty of Constantinople Ends hostilities between the Ottoman Empire and the Archduchy of Austria.<br />
1534 Treaty of Bassein Sultan Bahadur of Gujarat cedes the Mumbai Islands and other territories to the<br />
Portuguese Empire.<br />
1537 Treaty of Novgorod Russo-Swedish truce<br />
1538 Treaty of Nagyvárad Recognizes John Zápolya as the king of Hungary while Ferdinand I, Holy Roman<br />
Emperor retains the western parts of the Hungarian Kingdom.<br />
1541 First Treaty of Brömsebro Between Denmark–Norway and Sweden.<br />
1543 Treaty of Greenwich Contains two agreements that attempts to unite the Kingdom of England with the<br />
Kingdom of Scotland.<br />
Treaty of Venlo<br />
Duke Wilhelm of Jülich-Cleves-Berg cedes the territory of Guelders and the county of<br />
Zutphen to Holy Roman Emperor Charles V.<br />
1544 Treaty of Speyer Establishes peace between Denmark-Norway and the Holy Roman Empire.<br />
Treaty of Crépy<br />
Holy Roman Emperor Charles V relinquishes his claim to the Duchy of Burgundy and<br />
Francis I of France surrenders his claim to the Kingdom of Naples.<br />
1551 Treaty of Weissenburg Declares Archduke Ferdinand of Austria king of Hungary and Transylvania.<br />
1552 Peace of Passau Holy Roman Emperor Charles V guarantees Lutheran religious freedoms to Protestants.<br />
Treaty of Chambord<br />
Maurice of Saxony cedes Toul, Verdun, and Metz to Henry II of France.<br />
1555 Peace of Augsburg Between Charles V, Holy Roman Emperor, and the forces of the Schmalkaldic League.<br />
Treaty of Amasya<br />
Ends the war between Ottoman Turkey and Safavid Persia.<br />
1556 Treaty of Vaucelles King Henry II of France cedes Franche-Comté to King Philip II of Spain.<br />
1557 Treaty of Novgorod Russia and Sweden, ended the Russo-Swedish War (1554–1557)<br />
Treaty of Pozvol<br />
Livonia and Poland-Lithuania, triggered the Livonian War<br />
1559 Peace of Cateau Cambrésis Ends the Italian Wars.<br />
Treaty of Vilna<br />
Livonian War: Livonian–Polish–Lithuanian alliance<br />
1560 Treaty of Edinburgh England, Scotland, France: concludes Siege of Leith, attempts to end Auld Alliance.<br />
1561 Treaty of Vilna Livonian War: Livonian Order subordinated to Poland-Lithuania<br />
1562 Edict of Saint-Germain Recognizes the existence of French Protestants and guarantees them freedom of<br />
conscience and private worship.<br />
Treaty of Hampton Court<br />
Treaty of Mozhaysk<br />
Establishes military and economic ties between Queen Elizabeth I of England and<br />
Huguenot leader Louis I de Bourbon.<br />
Livonian War, Russo-Danish mutual assurance of their claims in Livonia<br />
Page 142 of 198
1563 Edict of Amboise Ends the first phase of the French Wars of Religion.<br />
1564 Treaty of Dorpat Livonian War, Russo-Swedish mutual assurance of their claims in Livonia<br />
1568 Peace of Longjumeau Ends the second phase of the French Wars of Religion; confirms the Edict of Amboise;<br />
expires in August 1568.<br />
Treaty of Roskilde (1568)<br />
peace between Lübeck, Denmark–Norway and Sweden during the Northern Seven<br />
Years' War, not ratified<br />
1569 Union of Lublin Unites the Kingdom of Poland and the Grand Duchy of Lithuania into a single state, the<br />
Polish–Lithuanian Commonwealth.<br />
1570 Treaty of Stettin Ends the Northern Seven Years' War.<br />
Peace of Saint-Germain-en- Ends the third phase of the French Wars of Religion.<br />
Laye<br />
1572 Treaty of Blois Queen Elizabeth I of England and Catherine de' Medici of France establish an alliance<br />
against Spain.<br />
1573 Edict of Boulogne Ends the fourth phase of the French Wars of Religion; gives Huguenots the right to<br />
worship in La Rochelle, Montauban, and Nîmes.<br />
1576 Edict of Beaulieu Ends the fifth phase of the French Wars of Religion; Henry III of France gives the<br />
Huguenots the right of public worship.<br />
Pacification of Ghent<br />
Alliance of the provinces of the Netherlands against the Spanish.<br />
1577 Treaty of Bergerac Ends the sixth phase of the French Wars of Religion; Huguenots can practice their faith<br />
only in the suburbs of one town in each judicial district.<br />
Edict of 1577<br />
Provides for the removal of Spanish troops from the Netherlands; upholds Pacification of<br />
Ghent.<br />
1579 Union of Atrecht The southern states of the Spanish Netherlands express loyalty to the King of Spain.<br />
Union of Utrecht<br />
Unifies the northern states of the Netherlands.<br />
1580 Treaty of Fleix Ends the seventh phase of the French Wars of Religion; recognizes previous treaties<br />
granting religious privileges to the Huguenots.<br />
Treaty of Plessis-les-Tours François, Duke of Anjou becomes sovereign of the Dutch Republic.<br />
1582 Peace of Jam Zapolski Ends the Livonian War between Poland and Muscovy.<br />
1583 Treaty of Plussa A truce between Russia and Sweden; ends the Livonian War (1558–1583).<br />
1584 Treaty of Joinville Forms a Catholic alliance between the French Catholic League and Habsburg Spain<br />
against Protestant forces such as Elizabeth I of England.<br />
1585 Treaty of Nemours Revokes previous concessions made to the Huguenots; instigates the War of the Three<br />
Henries.<br />
Treaty of Nonsuch<br />
England assists Dutch in the Eighty Years' War.<br />
1586 Treaty of Berwick Agreement of amity between Queen Elizabeth I of England and King James VI of<br />
Scotland.<br />
1590 Treaty of Ferhat Paşa Ends the war between Ottoman Turkey and Safavid Persia. Turkish control on<br />
Caucasus region.<br />
1595 Treaty of Teusina Ends the Russo–Swedish War (1590–1595).<br />
1598 Peace of Vervins The Spanish withdraw from French territory.<br />
Edict of Nantes<br />
Henry IV of France grants French Protestants (or Huguenots) substantial rights in a<br />
nation still considered essentially Catholic.<br />
1600–1699<br />
Year Name Summary<br />
1600 Treaty of Paris (1600) Between Henry IV of France and Charles Emmanuel I, Duke of Savoy.<br />
1601 Treaty of Lyon (1601) Henry IV of France acquires Bugey, Valromey, Gex, and Bresse.<br />
1604 Treaty of London, 1604 Ends hostilities between England and Spain.<br />
1606 Peace of Žitava Ends the Long War between the Ottoman Turkey and the Habsburg Monarchy.<br />
Treaty of Vienna (1606)<br />
Restores all constitutional and religious rights/privileges to the Hungarians in both<br />
Transylvania and Royal Hungary.<br />
1608 Treaty of Lieben Holy Roman Emperor Rudolf II surrenders Hungary, Austrian territories near the Danube<br />
River, and Moravia to his brother Matthias.<br />
1609 Treaty of Antwerp (1609) Spain and the Netherlands agree to a 12-year truce.<br />
1610 Treaty of Brussol Establishes a military alliance between Charles Emmanuel I and Henry IV of France against<br />
the Spanish in Italy.<br />
1612 Treaty of Nasuh Pasha Treaty between Ottoman Turkey and Safavid Persia Revision of 1590 treaty. Persia<br />
regained some of its loses in 1590.<br />
1613 Treaty of Knäred Ends the Kalmar War between Denmark and Sweden.<br />
Two Row Wampum Treaty Treaty between the Iroquois and representatives of the Dutch government.<br />
1614 Treaty of Xanten Ends the War of the Jülich Succession.<br />
1615 Peace of Asti Duke Charles Emmanuel I of Savoy relinquishes claims on Monferrato.<br />
Peace of Tyrnau<br />
Recognizes Gábor Bethlen as the Prince of Transylvania.<br />
Treaty of Serav<br />
Ratifies the treaty of 1612 between Ottoman Turkey and Safavid Persia<br />
1616 Treaty of Loudun Ends hostilities between Queen Marie de' Medici and rebellious French princes led by Henry<br />
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II, the third Prince of Condé.<br />
1617 Treaty of Pavia Savoy cedes Monferrato to Mantua.<br />
Treaty of Stolbovo<br />
Ends the Ingrian War between Sweden and Muscovy.<br />
Peace of Busza<br />
Peace between Ottoman Turkey and Polish-Lithuanian Commonwealth<br />
1618 Truce of Deulino Ends the Polish–Muscovite War (1605–18); expires in 1632.<br />
1619 Treaty of Angoulême Ends civil war in France between supporters of Queen Marie de' Medici and her son, King<br />
Louis XIII of France.<br />
Treaty of Munich (1619) Duke Maximilian of Bavaria allows Holy Roman Emperor Ferdinand II to use his forces in<br />
exchange for territories in the Electorate of the Palatinate.<br />
1620 Treaty of Ulm (1620) The Protestant Union ceases its support of Frederick V of Bohemia.<br />
1621 Peace of Nikolsburg Ends the war between Prince Gabriel Bethlen of Transylvania and Emperor Ferdinand II of<br />
the Holy Roman Empire.<br />
Treaty of Madrid (1621) Restores Valtelline to the Grisons and grants Protestants in the region religious freedoms.<br />
Treaty of Khotyn<br />
Between Ottoman Turkey and Polish–Lithuanian Commonwealth.<br />
Treaty of the Hague (1621) A failed treaty of alliance between Denmark and the Dutch Republic<br />
Treaty of Bremen<br />
A failed treaty of commerce between Denmark and the Dutch Republic<br />
1622 Treaty of Montpellier Between King Louis XIII of France and Duke Henry II of Rohan; confirms the Edict of<br />
Nantes.<br />
1623 Treaty of Paris (1623) France, Savoy, and Venice agree to have Spanish forces leave Valtelline.<br />
1625 Treaty of The Hague (1625) England and the Netherlands agree to economically support Christian IV of Denmark during<br />
the Thirty Years' War.<br />
1626 Peace of Pressburg (1626) Ends the revolt against the Habsburgs.<br />
Treaty of Monzón<br />
France and Spain share equal rights in their control of Valtelline.<br />
1627 Capitulation of Franzburg Duchy of Pomerania occupied by Albrecht von Wallenstein's imperial army<br />
1628 Treaty of Munich Recognizes Duke Maximilian of Bavaria as a prince-elector; grants Maximilian control of the<br />
Upper Palatinate and the right bank of the Rhine River for thirty years.<br />
1629 Edict of Restitution Holy Roman Emperor Ferdinand II attempts to reinforce the territorial and religious<br />
settlements made after the Peace of Augsburg.<br />
Treaty of Lübeck<br />
Denmark withdraws from the Thirty Years' War.<br />
Truce of Altmark<br />
Ends hostilities between Sweden and the Polish–Lithuanian Commonwealth.<br />
Peace of Alais<br />
Between the Huguenots and King Louis XIII of France; confirms the basic principles of the<br />
Edict of Nantes with additional clauses.<br />
Treaty of Suza<br />
2 treaties between France, Savoy, England and Scotland<br />
1630 Peace of Regensburg Temporarily halts the War of the Mantuan Succession.<br />
Treaty of Stettin (1630) The Duchy of Pomerania allies with and is occupied by the Swedish Empire<br />
Treaty of Madrid (1630) Ends English involvement in the Dutch Revolt.<br />
1631 Treaty of Bärwalde France and Sweden establish an alliance against the Holy Roman Empire.<br />
Treaty of Cherasco<br />
Ends the War of the Mantuan Succession.<br />
Treaty of Munich (1631) France and Bavaria establish a secret "Catholic" alliance.<br />
1632 Treaty of Saint-Germain-en- England returns New France (Quebec) to France.<br />
Laye (1632)<br />
Treaty of Ahmet Pasha<br />
Short lived peace treaty, ends hostalities between the Ottoman Turkey and the Safavid<br />
Persia<br />
1634 Treaty of Polyanovka Ends the Smolensk War between Poland and Muscovy.<br />
1635 Peace of Prague (1635) Between the Holy Roman Emperor, Ferdinand II, and most of the Protestant states of the<br />
Holy Roman Empire.<br />
Treaty of Sztumska Wieś The Swedish Empire concedes territories to the Polish–Lithuanian Commonwealth.<br />
1636 Treaty of Wismar Establishes alliance between Sweden and France against the Habsburgs.<br />
1638 Treaty of Hamburg (1638) Confirms Treaty of Wismar; France pays Sweden 1,000,000 livres.<br />
Treaty of Hartford (1638) Cedes Pequot Indian lands to Connecticut River towns and outlaws Pequot settlement and<br />
the use of the Pequot language.<br />
1639 Treaty of Berwick (1639) Ends the First Bishops' War between Charles I of England and the Scots.<br />
Treaty of Zuhab<br />
Ends the war between Safavid Persia and the Ottoman Turkey. The borderline drawn by the<br />
treaty is still effective today.<br />
Treaty of Asurar Ali<br />
Establishes the boundary between the Mughals and the Ahom kingdom.<br />
1640 Treaty of Ripon Between Charles I of England and the Scots in the aftermath of the Second Bishops' War.<br />
1642 Treaty of Axim (1642) Regulates the jurisdiction of the Netherlands and the Dutch West India Company in the town<br />
and polity of Axim.<br />
1643 Solemn League and Between the Scottish Covenanters and the leaders of the English Parliamentarians.<br />
Covenant<br />
1645 Second Treaty of Ends the Torstenson War between Sweden and Denmark–Norway.<br />
Brömsebro (1645)<br />
1647 Truce of Ulm (1647) Forces Duke Maximilian of Bavaria to renounce his alliance with Holy Roman Emperor<br />
Ferdinand II.<br />
1648 Peace of Westphalia Ends the Thirty Years' War and the Eighty Years' War, and establishes the principle of the<br />
sovereignty of nations in use today.<br />
Treaty of Concordia<br />
Divides the island of Saint Martin between France and the Netherlands.<br />
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1649 Peace of Rueil Ends the opening episodes of the Fronde, France's civil war.<br />
Treaty of Zboriv<br />
Places three provinces of Ukraine under the control of the Cossacks.<br />
1650 Treaty of Breda (1650) Between Charles II of England and the Scottish Covenanters during the Wars of the Three<br />
Kingdoms.<br />
Treaty of Hartford (1650) Establishes boundary lines between New Amsterdam and English settlers in Connecticut.<br />
1651 Treaty of Bila Tserkva Establishes peace between the Polish–Lithuanian Commonwealth and the Ukrainian<br />
Cossacks after the Battle of Berestechko.<br />
1653 Treaty of Stettin (1653) The Swedish Empire and Brandenburg partition Pomerania.<br />
1654 Treaty of Pereyaslav Between Muscovy and Cossack Hetmanate.<br />
Treaty of Westminster Ends the First Anglo-Dutch War.<br />
(1654)<br />
1655 Treaty of Kėdainiai Second Northern War – Grand Duchy of Lithuania becomes Swedish protectorate<br />
Union of Kėdainiai<br />
Second Northern War – Lithuanian–Swedish union<br />
Treaty of Rinsk<br />
Second Northern War – anti-Swedish alliance of Brandenburg-Prussia and Royal Prussian<br />
estates<br />
1656 Treaty of Königsberg (1656) Second Northern War – Duchy of Prussia and Ermland become Swedish fiefs.<br />
Treaty of Marienburg Second Northern War – alliance between Brandenburg-Prussia and Sweden<br />
Treaty of Elbing<br />
Second Northern War – Dutch-Swedish settlement of conflicts over Danzig (Gdańsk)<br />
Treaty of Labiau<br />
Second Northern War – Hohenzollerns become full souvereigns in Prussia and Ermland.<br />
Truce of Vilna<br />
Second Northern War / Russo-Polish War – Russo-Polish truce and alliance against<br />
Sweden<br />
Treaty of Vienna (1656) Second Northern War: 1st Habsburg–Polish alliance against Sweden<br />
Treaty of Radnot<br />
It envisaged a partition of the Polish–Lithuanian Commonwealth; Transylvania enters the<br />
Second Northern War on the Swedish side<br />
Treaty of Butre (1656) Between the Gold Coast (West Africa) state of Ahanta and the States General and the<br />
Dutch West India Company, establishing a Dutch protectorate over Butre and Upper<br />
Ahanta.<br />
1657 Treaty of Vienna (1657) Second Northern War: 2nd Habsburg–Polish alliance against Sweden<br />
Treaty of Wehlau<br />
Second Northern War: Poland accepts Hohenzollerns as full souvereigns in Prussia, anti-<br />
Swedish alliance.<br />
Treaty of Bromberg Second Northern War – Wehlau confirmed and amended<br />
(Bydgoszcz)<br />
Treaty of Paris (1657) Establishes military alliance between England and France against Spain.<br />
Treaty of Raalte<br />
Willem II no longer is viceroy of Overijssel.<br />
1658 Treaty of Hadiach Between Poland and Cossack Hetmanate.<br />
Treaty of Taastrup<br />
An accord that preceded the Treaty of Roskilde between Charles X Gustav of Sweden and<br />
King Frederick III of Denmark.<br />
Treaty of Roskilde<br />
Second Northern War: Denmark–Norway cedes territory ("Skåneland") to Sweden.<br />
Treaty of Valiesar<br />
Second Northern War: Sweden temporarily cedes territory to Russia, cession of hostilities.<br />
1659 Treaty of the Pyrenees Ends war between France and Spain.<br />
Concert of The Hague Second Northern War – Anglo-Franco-Dutch agreement regarding peace between Denmark<br />
(1659)<br />
and Swede<br />
1660 Treaty of Copenhagen Second Northern War – peace between Denmark and Sweden, restores Trondheim to<br />
(1660)<br />
Norway and Bornholm to Denmark.<br />
Treaty of Oliva<br />
Second Northern War – peace between Sweden, Brandenburg-Prussia and Poland.<br />
1661 Treaty of Cardis Second Northern War – peace between Sweden and Russia.<br />
Treaty of Den Haag<br />
The Dutch Empire recognizes Portuguese imperial sovereignty over Recife in Brazil.<br />
1662 Treaty of Montmartre Duke Charles IV gives to Louis XIV the throne to the Duchy of Lorraine.<br />
1663 Treaty of Ghilajharighat Between the Ahoms and the Mughal forces.<br />
1664 Peace of Vasvár Between the Austrian Habsburg Monarchy and the Ottoman Turkey after the Battle of Saint<br />
Gotthard; lasted until 1683.<br />
1665 Treaty of Purandar (1665) Between Rajput Jai Singh and Shivaji Maharaj.<br />
1666 Treaty of Habenhausen Peace negotiations after the Second Swedish war on Bermen between Sweden and the city<br />
of Bremen.<br />
1667 Treaty of Breda (1667) Ends the Second Anglo-Dutch War.<br />
Treaty of Andrusovo<br />
Ends the war between Muscovy and Poland-Lithuania.<br />
Treaty of Bongaja<br />
Sultan Hasanuddin of Makassar recognizes the influence of the Dutch East India Company<br />
(VOC) in Indonesian territories.<br />
1668 First Triple Alliance Alliance between England, the United Provinces and Sweden.<br />
Treaty of Aix-la-Chapelle Ends the War of Devolution between Louis XIV of France and Habsburg Spain.<br />
(1668)<br />
Treaty of Lisbon (1668) Spain recognizes Portuguese sovereignty after the Portuguese Restoration War; Portugal<br />
cedes Ceuta to Spain.<br />
1670 Secret Treaty of Dover France helps England to rejoin the Roman Catholic Church and England assists France<br />
militarily against the Dutch Republic.<br />
Treaty of Madrid (1670) Between England and Spain.<br />
Treaty of Copenhagen An alliance and commercial treaty between Britain and Denmark-Norway, establishing terms<br />
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(1670) of contraband and permitting Danish settlement of the Virgin Islands<br />
1672 Treaty of Buczacz Between the Polish–Lithuanian Commonwealth and Ottoman Turkey. Podolia under Turkish<br />
control.<br />
1674 Treaty of Westminster Ends the Third Anglo-Dutch War.<br />
(1674)<br />
1675 Strasbourg Agreement First international agreement banning the use of chemical weapons (i.e. poisoned bullets);<br />
(1675)<br />
signed between France and the Holy Roman Empire.<br />
1676 Treaty of Żurawno Between Ottoman Turkey and Polish–Lithuanian Commonwealth Ratifies 1672 treaty.<br />
1677 Treaty of 1677 Native American tribes in Virginia swear fealty to the British Empire.<br />
1678 Treaties of Nijmegen Ends the Franco-Dutch War.<br />
Treaty of Casco (1678) Ends war between the eastern Native Americans and the English settlers of Massachusetts<br />
Bay Colony.<br />
1679 Treaty of Saint-Germain-en- Swedish Pomerania and Bremen-Verden restored to Sweden after the Scanian War<br />
Laye (1679)<br />
1681 Treaty of Bakhchisarai Concludes the Russo-Turkish War (1676–1681); establishes a 20-year truce whereby the<br />
Dnieper River would separate the Ottoman Empire from Russian territories.<br />
1684 Truce of Ratisbon Ends War of Reunions between France and Spain<br />
1686 Eternal Peace Treaty of Ends war between Muscovy and Poland.<br />
1686<br />
1689 Treaty of Nerchinsk Ends war between the Russian Empire and the Qing Dynasty of China.<br />
1691 Treaty of Limerick Ends the Williamite War in Ireland.<br />
1697 Treaty of Ryswick Ends the War of the Grand Alliance.<br />
1698 Treaty of Den Haag (1698) Attempts to resolve the issue of who would inherit the Spanish throne.<br />
1699 Treaty of Karlowitz Ends the war between the alliance consisting of Austria, Venice and Polish–Lithuanian<br />
Commonwealth on one side and the Ottoman Turkey on the other side.<br />
Treaty of Preobrazhenskoye Denmark, Russia, Saxony, and the Polish–Lithuanian Commonwealth divide Swedish<br />
territories.<br />
1700–1799<br />
Year Name Summary<br />
1700 Treaty of London An attempt to restore the Pragmatic Sanction following the death of Joseph<br />
Ferdinand, Electoral Prince of Bavaria.<br />
Treaty of Constantinople<br />
Establishes peace between Russia and the Ottoman Empire.<br />
Peace of Travendal<br />
Temporary peace between the Swedish Empire and Denmark–Norway during<br />
the Great Northern War.<br />
1701 Great Peace of Montreal Establishes peace between New France and the 39 First Nations of North<br />
America.<br />
Treaty of The Hague (1701)<br />
England, Austria, the United Provinces, and the Holy Roman Empire establish<br />
a defensive alliance against France.<br />
1703 Methuen Treaty Between Portugal and the Kingdom of England.<br />
1704 Treaty of Ilbersheim Removes Bavaria from the War of the Spanish Succession.<br />
Treaty of Narva<br />
Great Northern War: Saxon–Polish–Lithuanian–Russian alliance.<br />
1705 Treaty of Warsaw Great Northern War: Polish–Lithuanian–Swedish alliance.<br />
Treaty of Genova<br />
War of the Spanish Succession: English–Catalan alliance.<br />
1706 Treaty of Altranstädt Great Northern War – peace between Augustus the Strong, king of Poland and<br />
elector of Saxony, and Charles XII of Sweden. Augustus resigns as king.<br />
1707 Treaty of Union Unites the Kingdoms of England and Scotland to create the Kingdom of Great<br />
Britain.<br />
Treaty of Altranstädt (1707)<br />
Emperor Joseph I guarantees to Charles XII religious tolerance and liberty of<br />
conscience for Silesian Protestants.<br />
1709 Treaty of Thorn Great Northern War: Saxon–Polish–Lithuanian-Russian alliance.<br />
Treaty of Copenhagen<br />
Great Northern War: Russo-Danish alliance<br />
1710 Capitulation of Estonia and Livonia Great Northern War: Estonian and Livonian estates and towns surrender to<br />
Russia.<br />
Treaty of Hanover<br />
Great Northern War: Hanoveranian–Russian alliance.<br />
1711 Treaty of Szatmár [73] Ends the Kuruc Rebellion led by Francis II Rákóczi.<br />
Treaty of Pruth<br />
Between Ottoman Turkey and Russia Russia loses some territories and grants<br />
a free passage for Charles XII of Sweden.<br />
1713 Treaty of Utrecht Ends the War of the Spanish Succession.<br />
Treaty of Portsmouth<br />
Ends Queen Anne's War hostilities between the Abenakis and the Province of<br />
Massachusetts Bay.<br />
Treaty of Schwedt<br />
Great Northern War: Russo-Prussian alliance<br />
1714 Treaty of Baden Ends hostilities between France and the Holy Roman Empire and also ends the<br />
War of the Spanish Succession.<br />
Treaty of Rastatt<br />
Ends the War of the Spanish Succession; hostilities between Louis XIV of<br />
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France and Holy Roman Emperor Charles VI cease.<br />
1715 Treaty of Stettin Great Northern War: Hanoveranian–British–Prussian alliance<br />
Treaty of Berlin<br />
Great Northern War: Hanoveranian–British–Danish–Norwegian alliance<br />
Treaty of Greifswald<br />
Great Northern War: Hanoveranian–British–Russian alliance<br />
1717 Second Triple Alliance Alliance between Kingdom of Great Britain, the United Provinces and France.<br />
1718 Treaty of Passarowitz Ends the war between Austria and the Ottoman Empire.<br />
Treaty of Baden<br />
Ends the Toggenburg War among the Swiss cantons<br />
1720 Treaty of Den Haag Spain abandons her claims in Italy after the War of the Quadruple Alliance.<br />
Treaty of Frederiksborg<br />
Ends Great Northern War between Sweden and Denmark–Norway.<br />
Treaty of Stockholm<br />
Ends the Great Northern War between Sweden, Hanover and Brandenburg-<br />
Prussia<br />
1721 Treaty of Nystad Ends the Great Northern War between Sweden and Russia.<br />
1725 Treaty of Hanover Establishes a military alliance between Great Britain, France, Prussia, Sweden,<br />
Treaty of Vienna<br />
the Netherlands and Denmark against Spain.<br />
Ends Austrian claims to the Spanish throne; Austria helps Spain to reacquire<br />
Gibraltar from the British.<br />
1727 Treaty of Kyakhta Redefines boundaries between Russia and China.<br />
1729 Treaty of Seville (1729) Britain maintains control over Port Mahon and Gibraltar.<br />
1731 Treaty of Vienna (1731) Verifies the Quadruple Alliance between the Holy Roman Empire, Britain, the<br />
Dutch Empire, and Spain.<br />
1732 Löwenwolde's Treaty Establishes a joint policy between Austria, the Russian Empire, and Prussia<br />
pertaining to the succession of the Polish throne.<br />
Treaty of Rasht<br />
Ends Russian claims over Persian territories.<br />
1733 Treaty of Turin (1733) Secret treaty between France and the Duke of Savoy for military alliance prior<br />
to War of the Polish Succession.<br />
Treaty of the Escorial<br />
First of the Bourbon Family Compacts between France and Spain, agreeing to<br />
mutual defense and military alliance in the conquest of Italian territories held by<br />
the Habsburgs.<br />
1736 Treaty of Constantinople (1736) Ends hostilities between the Ottoman Empire and Safavid Persia<br />
1738 Treaty of Vienna (1738) Ends the War of the Polish Succession.<br />
1739 Treaty of El Pardo (1739) Spain and the United Kingdom settle their respective claims to American<br />
navigation and trade.<br />
Treaty of Niš (1739)<br />
Ends the war between Russia and the Ottoman Empire.<br />
Treaty of Belgrade<br />
Ends the war between Austria and the Ottoman Empire.<br />
1740 Treaty of Friendship and Alliance Between the Miskito nation and Kingdom of Great Britain.<br />
1742 Treaty of Berlin (1742) Ends First Silesian War.<br />
Treaty of Breslau<br />
Ends First Silesian War.<br />
Convention of Turin<br />
Ends Austria and Sardinia promise to assist each other against Spain.<br />
1743 Treaty of Åbo Ends the Hats' Russian War.<br />
Treaty of Worms (1743)<br />
Establishes political alliance between the Kingdom of Great Britain, Austria and<br />
Sardinia.<br />
1745 Treaty of Dresden Austria confirms the loss of Silesia to Prussia after the Second Silesian War.<br />
Treaty of Fontainebleau (1745)<br />
Establishes a military alliance between Louis XV of France and Charles Edward<br />
Stuart against George II of Great Britain.<br />
Treaty of Füssen<br />
Ends Bavaria's support of the French in the War of the Austrian Succession.<br />
1746 Treaty of Kerden Ends hostalities between Ottoman Turkey and Afsharid Iran<br />
1748 Treaty of Aix-la-Chapelle (1748) Ends the War of the Austrian Succession.<br />
1750 Treaty of Madrid (13 January 1750) Defines the boundaries of the Spanish and the Portuguese colonies in South<br />
America, replacing the Treaty of Tordesillas.<br />
1752 Treaty of Aranjuez (1752) Recognizes Spanish and Austrian interests in Italy.<br />
1755 Treaty of Giyanti Divides the Sultanate of Mataram between Prince Mangkubumi and<br />
Pakubuwono III.<br />
1756 Treaty of Westminster (1756) Treaty of neutrality between Prussia and the British Empire.<br />
1757 Treaty of Alinagar Between the British East India Company and the Nawab of Bengal.<br />
1758 Treaty of Easton Native Americans agree not to fight the British during the French and Indian<br />
War.<br />
1761 Treaty of El Pardo (1761) Nullifies the Treaty of Madrid (13 January 1750).<br />
1762 Treaty of Fontainebleau (1762) A secret agreement whereby France cedes Louisiana to Spain.<br />
Treaty of Saint Petersburg (1762) Ends the Seven Years' War between Russia and Prussia.<br />
Treaty of Hamburg (1762)<br />
Between Prussia and Sweden after Russia breaks its alliance with Prussia.<br />
1763 Treaty of Hubertusburg Ends the Seven Years' War.<br />
First Treaty of Paris<br />
1765 Treaty of Allahabad Mughal Emperor Shah Alam II grants Diwani rights to the British East India<br />
Company.<br />
1766 Treaty of Batticaloa King Keerthisiri Rajasinghe of Kandy recognizes Dutch imperial possessions in<br />
Sri Lanka.<br />
1768 Treaty of Fort Stanwix In North America, the boundary established by the Proclamation of 1763 is<br />
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moved west.<br />
Treaty of Masulipatam<br />
Confirms the conquest of the state of Hyderabad by the British.<br />
1770 Treaty of Lochaber The Cherokee relinquish territories to the British Empire.<br />
1774 Treaty of Küçük Kaynarca Ends Russo-Turkish War (1768–74).<br />
1776 Treaty of Watertown Alliance between the State of Massachusetts Bay and the Mi'kmaq of Nova<br />
Scotia.<br />
Treaty of Purandar (1776)<br />
Between the peshwa of the Maratha people and the British East India<br />
Company.<br />
1777 First Treaty of San Ildefonso Ends disputes between Portugal and Spain over the territories of The Seven<br />
Missions and of Colonia del Sacramento.<br />
Treaty of Aranjuez (1777)<br />
Defines Spanish and French colonies on Santo Domingo.<br />
1778 Treaty of Amity and Commerce (United Establishes a commercial alliance between the United States and France<br />
States–France)<br />
Treaty of Alliance (1778)<br />
Establishes a military alliance between the United States and France.<br />
Treaty of El Pardo (1778)<br />
Queen Maria I of Portugal cedes Annobón, Bioko, and territories on the Guinea<br />
coast to King Charles III of Spain.<br />
Treaty of Fort Pitt (1778)<br />
Gives the United States permission to travel through Delaware territory, as well<br />
as to call upon the Delaware Indians to help American troops fight against the<br />
British.<br />
1779 Treaty of Aranjuez (1779) Spain joins the American Revolutionary War against the Kingdom of Great<br />
Britain.<br />
Treaty of Teschen<br />
Ends the War of the Bavarian Succession between Austria and Prussia.<br />
Treaty of Aynalıkavak<br />
Ratifies the terms of the Treaty of Küçük Kaynarca<br />
1780 Treaty of Aranjuez (1780) Spain cedes territories to Morocco.<br />
1782 1782 Edict of Tolerance Holy Roman Emperor Joseph II promotes religious tolerance towards Jews.<br />
Treaty of Salbai<br />
Between the Maratha Empire and the British East India Company.<br />
1783 Treaty of Amity and Commerce (United<br />
States–Sweden)<br />
Sweden becomes the first neutral nation to officially recognize the young<br />
American republic.<br />
Second Treaty of Paris<br />
Ends the American Revolutionary War.<br />
Treaty of Georgievsk<br />
Establishes the east Georgian Kingdom of Kartli-Kakheti as a protectorate<br />
under suzerainty of the Russian Empire.<br />
1784 Treaty of Fort Stanwix The Iroquois Confederacy cedes all lands west of the Niagara River to the<br />
United States.<br />
Treaty of Mangalore<br />
Ends the Second Anglo-Mysore War.<br />
1785 Treaty of Fontainebleau Reinforces the Treaty of Münster whereby the Scheldt Estuary is under the<br />
sovereignty of the United Provinces.<br />
Treaty of Amity and Commerce Between the Kingdom of Prussia and the United States promoting free trade<br />
(Prussia–United States)<br />
and demanding the unconditionally humane custody for war prisoner, a novelty<br />
at the time.<br />
Treaty of Hopewell<br />
Treaty of Fort McIntosh<br />
Between the United States and the Cherokee Indians.<br />
Native American tribes cede to the United States all claims to land in the Ohio<br />
Country east of the Cuyahoga and Muskingum rivers; tribes also cede the<br />
areas surrounding Fort Detroit and Fort Michilimackinac.<br />
1786 Eden Agreement Between the Kingdom of Great Britain and France.<br />
Moroccan–American Treaty of The oldest non-broken friendship treaty between Morocco and the United<br />
Friendship<br />
States.<br />
Treaty of Hartford (1786)<br />
Resolves territorial and border disputes between the states of New York and<br />
Massachusetts.<br />
Treaty of Hopewell<br />
Between the United States, the Choctaw Indians, and the Chickasaw Indians.<br />
Jay–Gardoqui Treaty<br />
Trade treaty between United States and Spain. Not ratified by U.S. government<br />
Convention of London (1786)<br />
Great Britain agrees to evacuate Mosquito Coast in exchange for Spanish<br />
concessions in present-day Belize.<br />
1787 Treaty of Beaufort Officially sets the all-river boundary between the U.S. states of Georgia and<br />
South Carolina.<br />
1788 Third Triple Alliance Alliance between Kingdom of Great Britain, the United Provinces and Kingdom<br />
of Prussia.<br />
First Treaty of Buffalo Creek<br />
Between the Seneca tribe of Western New York and certain purchasers of<br />
rights to the Indians' land.<br />
1789 Treaty of Fort Harmar Between the United States government and several Native American tribes with<br />
claims to the Ohio Country.<br />
1790 Treaty of Reichenbach (1790) Between Frederick William II of Prussia and Holy Roman Emperor Leopold II of<br />
Austria.<br />
Treaty of Värälä Ends Russo-Swedish War (1788–90).<br />
Treaty of New York (1790)<br />
Between the United States government and the Creek people.<br />
1791 Treaty of Holston Settles disputes between the United States and the Cherokee over the<br />
territories south of the Ohio River; proclaimed and amended in 1792.<br />
Treaty of Sistova Ends the war between Ottoman Turkey and Austria (1787–1791)<br />
1792 Treaty of Jassy Ends the Russo-Turkish War (1787–1792).<br />
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Treaty of Seringapatam<br />
Ends the Third Anglo-Mysore War.<br />
1794 Jay Treaty [85] Attempts to settle post-Revolution disputes between the United States and the<br />
Kingdom of Great Britain.<br />
Treaty of Canandaigua<br />
Establishes peace and friendship between the United States and the Six<br />
Nations of the Iroquois (Haudenosaunee).<br />
1795 Pinckney's Treaty Defines boundaries of the United States and Spanish colonies.<br />
Treaty of The Hague (1795)<br />
The Batavian Republic cedes Venlo, Flanders, and Maastricht to France.<br />
Treaty of Greenville<br />
Ends the war between the United States and a coalition of Native Americans.<br />
Treaty of Basel<br />
Three agreements whereby France made peace with Prussia, Spain and<br />
Hessen-Kassel; concludes the early stage of the French Revolutionary Wars<br />
against the First Coalition (1792–1795).<br />
1796 Treaty with Tripoli (1796) Ends the war between the United States and Tripoli.<br />
Treaty of New York (1796)<br />
Between the Seven Nations of Canada and New York State.<br />
Treaty of Colerain<br />
Affirms the binding of the Treaty of New York (1790) and establishes the<br />
boundary line between the Creek Nation and the United States.<br />
Second Treaty of San Ildefonso<br />
Treaty of alliance between Spain and France against Britain.<br />
1797 Treaty of Leoben Preliminary accord to the Treaty of Campo Formio; Austria loses Belgium and<br />
Lombardy in exchange for Istria and Dalmatia.<br />
Treaty of Campo Formio<br />
Austria recognizes hegemony of French Republic over northern Italy and<br />
Belgium. Effective end of the War of the First Coalition (1792–1797).<br />
Treaty of Tolentino<br />
Between France and the Papal States.<br />
Treaty with Tunis (1797)<br />
Peace treaty between the United States and the 'Barbary State' of Tunis,<br />
nominally part of the Ottoman Empire.<br />
1800–1899<br />
Year Name Summary<br />
1800 Third Treaty of San Ildefonso Spain cedes the Louisiana Territory to France.<br />
Treaty of Mortefontaine Ends the Quasi-War between the United States and France.<br />
1801 Carnatic Treaty The Nawab of Arcot cedes territories in India to Great Britain for two hundred<br />
rupees.<br />
Treaty of Aranjuez (1801) Confirms the Third Treaty of San Ildefonso between Spain and France.<br />
Treaty of Badajoz (1801) Portugal cedes Olivenza to Spain and agrees to close its harbors to Great<br />
Britain.<br />
Treaty of Madrid (1801) Confirms the Treaty of Badajoz (1801) between Portugal and France; Portugal<br />
also agrees to pay 20 million francs and cedes half of Guiana.<br />
Treaty of Florence<br />
The Kingdom of Naples cedes some central Italian possessions, the island of<br />
Elba, and the Athena of Velletri to France.<br />
Treaty of Lunéville<br />
Ends the War of the Second Coalition against France.<br />
1802 Treaty of Amiens Ends the war between France and Great Britain.<br />
Treaty of Bassein<br />
The Maratha Peshwa of Pune cedes territories in western India to Great Britain.<br />
Treaty of Al Arish<br />
Napoleon agrees to return Egypt to the Ottoman Empire<br />
1803 Louisiana Purchase United States buys the Louisiana Territory from France.<br />
Treaty of Surji-Anjangaon Between Great Britain and Daulat Rao Sindhia, chief of the Maratha Empire;<br />
treaty was revised twice.<br />
Treaty of Fort Wayne<br />
Between the United States and the Delaware, Shawnee, Potowatomi, Miami, and<br />
Kickapoo Indians, defining the boundaries of the Vincennes Tract in southwest<br />
Indiana.<br />
1804 Treaty of St. Louis (1804) The Sac and Fox Indians cede Illinois to the United States.<br />
1805 Treaty of Fort Industry The Ottawa, Chippewa, Wyandot, Potawatomi, Delaware, and Shawnee Indians<br />
cede eastern Ohio to the United States.<br />
Treaty of Pressburg (1805) Between France and Austria, ending Austria's participation in the War of the<br />
"Treaty of Peace and Amity"<br />
Fourth Coalition.<br />
Between the United States and the Pasha of Tripoli, ending the First Barbary<br />
War.<br />
1806 Treaty of Poznań Ends the war between France and Saxony after the latter's defeat during the War<br />
of the Fourth Coalition.<br />
1807 Treaty of Detroit The Ottawa, Chippewa, Wyandot, and Potawatomi Indians cede parts of<br />
Michigan and Ohio to the United States.<br />
Treaties of Tilsit<br />
France, Russia, and Prussia create the Duchy of Warsaw.<br />
Treaty of Finckenstein<br />
Between France and Persia.<br />
Treaty of Fontainebleau (1807) Between Spain and France, proposing the partition of Portugal.<br />
1808 Treaty of Fort Clark The Osage Nation cedes large portions of the Missouri Territory to the United<br />
States.<br />
1809 Treaty of Amritsar, 1809 Between Ranjit Singh and the British East India Company, restricting the Sikh<br />
Empire to north of the Sutlej River.<br />
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Treaty of the Dardanelles<br />
Treaty of Hamina<br />
Treaty of Schönbrunn<br />
Treaty of Fort Wayne (1809)<br />
Between the Ottoman Empire and Great Britain.<br />
Ends the Finnish War between Sweden and Russia.<br />
Ends the War of the Fifth Coalition against Napoleon.<br />
The Delaware, Eel River, Miami, Potawatomi, Kickapoo, and Wea Indians cede<br />
part of Indiana to the United States.<br />
1810 Treaty of Paris (1810) Ends the war between France and Sweden.<br />
1812 Treaty of Bucharest (1812) Ends the Russo-Turkish War (1806–12).<br />
1813 Treaty of Gulistan Between Russia and Qajarid Persia.<br />
Treaty of Fulda<br />
Württemberg agrees with Austria to leave the Confederation of the Rhine.<br />
Treaty of Kalisz (1813)<br />
Russia and Prussia establish the Kalisz Union against Napoleon.<br />
Treaties of Reichenbach Great Britain, Russia, Prussia, and Austria establish the Sixth Coalition against<br />
Napoleon.<br />
Treaty of Töplitz<br />
Great Britain, Russia, Prussia, and Austria augment the Sixth Coalition against<br />
Napoleon.<br />
Treaty of Peterswaldau Great Britain agrees to pay for 10,000 German troops in Russian service.<br />
Treaty of Ried<br />
Bavaria pledges to Austria to leave the Confederation of the Rhine and join the<br />
Sixth Coalition against Napoleon.<br />
1814 Anglo-Dutch Treaty of 1814 Between the Great Britain and the United Provinces (Netherlands).<br />
Treaty of Paris<br />
Ends the War of the Sixth Coalition against France.<br />
Treaty of Ghent<br />
Ends the War of 1812 between Great Britain and the United States.<br />
Treaty of Kiel<br />
The king of Denmark–Norway cedes Norway to Sweden in exchange for<br />
territories in Pomerania.<br />
Convention of Moss<br />
Armistice agreement and de facto peace treaty between Norway and Sweden.<br />
Treaty of Fontainebleau (1814) Russia, Prussia, and Austria accept Napoleon's abdication as Emperor of<br />
France, and allow him to remain Emperor of Elba.<br />
Treaty of Fort Jackson<br />
The Creek Indians cede territories to the United States.<br />
Eight Articles of London Amalgamates the Netherlands and Belgium.<br />
1815 Treaty of Paris (1815) Follows the defeat of Napoleon at the Battle of Waterloo.<br />
Final Act of the Congress of Ends the Napoleonic Wars.<br />
Vienna<br />
Sugauli Treaty<br />
Ends the Anglo-Nepalese War between Great Britain and Nepal.<br />
Treaty of Springwells<br />
The United States restored relations witrh the Wyandot, Delaware, Seneca,<br />
Shawnee, Miami, Chippewa, Ottawa, and Potawatomi Indians, absolving them<br />
for supporting Great Britain in the War of 1812.<br />
Quadruple Alliance (1815) Between the UK, Austria, Prussia and Russia.<br />
Treaty of Nicolls' Outpost Between the UK and Red Stick and allied Native Americans (unratified)<br />
1816 Treaty of St. Louis (1816) The Council of Three Fires cedes a 20-mile (32 km) strip of land, which<br />
connected Chicago and Lake Michigan with the Illinois River.<br />
1817 Rush–Bagot Treaty Settles boundary disputes between the United States and Great Britain.<br />
Treaty of Fort Meigs<br />
Between the United States and the Wyandot, Seneca, Delaware, Shawnee,<br />
Potawatomi, Ottawa and Ojibwa tribes.<br />
Treaty of Titalia<br />
The British East India Company restores land taken by Nepal to the chogyal<br />
(monarch) of Sikkim, who acknowledges the Company as overlord.<br />
1818 Treaty of 1818 Resolves boundary disputes between the United States and the Great Britain;<br />
leaves the Oregon Country open to both countries.<br />
Treaty of St. Mary's<br />
Between the United States and the Miami people.<br />
Treaty of the Creek Agency Between the United States and the Creek people.<br />
(1818)<br />
Treaty of St. Louis (1818) The Osage Nation cedes all territories to the United States beginning at the<br />
Arkansas River and ending at the Verdigris River.<br />
Quintuple Alliance<br />
France joigned the quadruple alliance<br />
1819 Adams–Onís Treaty Settles a border dispute between the United States and Spain.<br />
Treaty of Saginaw<br />
Native Americans cede land to the United States.<br />
1820 Treaty of Doak's Stand The Choctaw agree to surrender one-third of their land to the United States.<br />
1821 Treaty of Córdoba Mexico becomes independent from Spain.<br />
Treaty of Chicago<br />
The Ottawa, Ojibwe, and Potawatomi tribes cede to the United States all lands in<br />
the Michigan Territory south of the Grand River.<br />
Treaty of Indian Springs (1821) Creek Indians cede land to the state of Georgia in return for cash payments<br />
totaling $200,000 over a period of 14 years.<br />
1822 Capitulation of Quito. Set forth conditions for the withdrawal of the Spanish royalist forces from the<br />
territories of the Real Audiencia de Quito after the Battle of Pichincha.<br />
1823 Treaty of Moultrie Creek Between the United States and the Creek people.<br />
1824 Second Anglo-Dutch Treaty Settles disputes between the United Kingdom and the Netherlands, dividing the<br />
Malay World.<br />
Russo-American Treaty of<br />
1824<br />
Anderson–Gual Treaty<br />
The United States and Russia fix the southern limit of Russian America at 54°40'<br />
N.<br />
First bilateral U.S. treaty with another country of the Americas.<br />
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1825 Treaty of Rio de Janeiro The Kingdom of Portugal recognized the independence of the Empire of Brazil.<br />
(1825)<br />
Osage Treaty (1825)<br />
The Osage Nation cedes territories to the United States within and west of<br />
Missouri and the Arkansas Territory.<br />
Treaty of St. Louis (1825) The Shawnee Indians cede the area of Cape Girardeau in Missouri to the United<br />
States.<br />
Treaty of Hanover (1825) Ends the War of German Dissolution.<br />
Treaty of Indian Springs (1825) Relocates the Creek Indians in Georgia (except the Tokaubatchee) to a parcel of<br />
land along the Arkansas River.<br />
First Treaty of Prairie du Chien Between the United States and representatives of the Sioux, Sac and Fox,<br />
Menominee, Ioway, Winnebago and Anishinaabeg tribes.<br />
Treaty of Saint Petersburg<br />
(1825)<br />
Also known as the Anglo-Russian Treaty of 1825. Great Britain and Russia fix<br />
the southern limit of Russian America at 54°40' N, and roughly outline the land<br />
boundary between the two Powers northwards from there.<br />
United States–Central America Between the United States and the Federal Republic of Central America.<br />
Treaty<br />
1826 Akkerman Convention Forces the Ottomans to retreat from Moldavia and Wallachia; grants autonomy to<br />
the Principality of Serbia.<br />
Treaty of Mississinwas<br />
Between the United States and the Miami tribe.<br />
Treaty of Yandaboo<br />
Ends the First Burmese War.<br />
Burney Treaty<br />
British acknowledge Siamese claim over the four northern Malay states of<br />
Kedah, Kelantan, Perlis and Terengganu.<br />
1827 Treaty of London (1827) Alliance between the United Kingdom, France and Russia to end Turkish action<br />
in Greece.<br />
1828 Treaty of Turkmenchay Persia cedes northern territories to Russia, ending the Russo-Persian War,<br />
1826–1828.<br />
Treaty of Montevideo (1828) Brazil and Argentina recognize the independence of Uruguay.<br />
Treaty of Limits (Mexico– Between Mexico and the United States, confirming their shared border as agreed<br />
United States)<br />
to by Spain and the U.S. in the Adams–Onís Treaty.<br />
1829 London Protocol (1829) Formulates the boundaries of modern Greece.<br />
Treaty of Edirne<br />
The Ottoman Empire cedes to Russia the right to protect Greece and control the<br />
mouth of the Danube River.<br />
Second Treaty of Prairie du Between the United States and representatives of the Council of Three Fires.<br />
Chien<br />
Third Treaty of Prairie du Between the United States and the Winnebago.<br />
Chien<br />
1830 London Protocol (1830) Confirms sovereignty of Greece.<br />
Treaty of Dancing Rabbit The United States grants rights to the Choctaw Indians.<br />
Creek<br />
Fourth Treaty of Prairie du<br />
Chien<br />
Between the United States and the Sac and Fox, the Mdewakanton, Wahpekute,<br />
Wahpeton and Sisiton Sioux, Omaha, Ioway, Otoe and Missouria tribes.<br />
1831 Treaty of the Eighteen Articles An attempt to establish Belgium's borders.<br />
Pacto Federal<br />
Establishes a military alliance between the Argentine provinces of Buenos Aires,<br />
Entre Ríos, and Santa Fe.<br />
1832 Treaty of Cusseta Between the United States and the Creek Indians.<br />
Treaty of Pontotoc Creek Between the United States and the Chickasaws leading to their removal to<br />
present-day Oklahoma.<br />
Treaty of Constantinople Officially ends the Greek War of Independence and establishes the borders of<br />
(1832)<br />
modern Greece.<br />
London Reiterates and ratifies the<br />
Protocol terms of the Treaty of<br />
(1832) Constantinople (1832).<br />
1833 Treaty of Hünkâr İskelesi The Ottoman Empire grants Russia free passage through the Bosporus.<br />
Convention of Kütahya<br />
Between the Ottoman Empire and its vassal Muhammad Ali of Egypt, granting<br />
Muhammad Ali extra privileges.<br />
Treaty of Chicago<br />
Native American tribes cede lands west of Lake Michigan to the United States in<br />
exchange for a reservation of equal size further to the west on the Missouri River;<br />
proclaimed in 1835.<br />
Treaty of Zonhoven<br />
Establishes special regulations over the use of the Meuse River by the<br />
Netherlands and Belgium.<br />
1834 Treaty of Desmichels France acknowledges Abd-el-Kader as Bey of Mascara and independent<br />
sovereign ruler of Oran in Algeria.<br />
1835 Treaty of New Echota Between a faction of the Cherokee Indians and the United States, ceding all<br />
Cherokee lands in Georgia and for all Georgia Cherokees to relocate to the<br />
Indian Territory.<br />
Batman's Treaty<br />
Between John Batman and a group of Wurundjeri elders for the sale of land<br />
around Port Phillip, Australia.<br />
1836 Treaties of Velasco Between Mexico and the Republic of Texas, establishing the independence of<br />
Page 151 of 198
Texas.<br />
Treaty of Washington (1836) The Ottawa and Chippewa Indians cede parts of northern Michigan to the United<br />
States.<br />
1837 Munich Coin Treaty Unification of currency by six south German states.<br />
Treaty of Tafna<br />
Ends conflict between French and Algerian forces; France cedes territories to<br />
Abd-el-Kader.<br />
1838 Treaty of Balta Liman Commercial treaty between the Ottoman Empire and the Great Britain.<br />
Second Treaty of Buffalo Between the Seneca tribe of Western New York and certain purchasers of rights<br />
Creek<br />
to the Indians' land.<br />
Dresden Coinage Convention Currency treaty between the states of the Zollverein.<br />
1839 Edict of Toleration (Hawaii) King Kamehameha III establishes the Roman Catholic Diocese of Honolulu.<br />
Treaty of London (1839) Guarantees the neutrality of Belgium.<br />
1840 Treaty of Waitangi Between Great Britain and the Maori of New Zealand, which becomes a British<br />
colony.<br />
1842 Treaty of Nanjing Ends the First Opium War between Great Britain and China; China cedes Hong<br />
Kong Island to Britain.<br />
Webster–Ashburton Treaty Settles boundary disputes between the United States and Canada.<br />
Third Treaty of Buffalo Creek Between the US and Seneca Indians.<br />
1843 Treaty of Maastricht (1843) Establishes borders between Belgium and the Netherlands.<br />
1844 Treaty of Tangiers Ends First Franco-Moroccan War.<br />
Treaty of Tehuacana Creek Establishes peace between the Republic of Texas and various Native American<br />
tribes.<br />
Treaty of Wanghia<br />
First diplomatic agreement between China and the United States in history.<br />
Treaty of Whampoa<br />
China grants privileges to France.<br />
1846 Oregon Treaty Establishes the border between the British and American sections of the Oregon<br />
Country.<br />
Treaty of Lahore<br />
Ends the First Sikh War between Great Britain and the Sikh Empire.<br />
Treaty of Amritsar<br />
The British East India Company recognizes Gulab Singh Dogra as ruler of<br />
Kashmir.<br />
Mallarino–Bidlack Treaty New Granada (today Colombia) and the United States establish diplomatic and<br />
commercial relations.<br />
1847 Treaty of Cahuenga First treaty to end the Mexican–American War.<br />
1848 Treaty of Guadalupe Hidalgo Second treaty ending the Mexican–American War.<br />
1850 Arana–Southern Treaty Great Britain ends the blockade of Argentina.<br />
Clayton–Bulwer Treaty<br />
The United States and the Great Britain agree not to colonize Central America.<br />
Punctation of Olmütz<br />
Between Prussia and Austria.<br />
1851 Treaty of Mendota Between the United States and the Sioux tribes of Minnesota (Mdewakanton and<br />
Wahpekute).<br />
Treaty of Fort Laramie (1851) United States negotiates safe passage for Oregon Trail settlers with Native<br />
Americans.<br />
Treaty of Kulja<br />
China and Russia establish commercial relations.<br />
Treaty of Traverse des Sioux Between the United States and the Sioux Indians of Minnesota.<br />
1852 London Protocol (1852) Signed after the First War of Schleswig.<br />
Sand River Convention<br />
Regulated the relationship between British government of the Cape Colony and<br />
the Boers north of the Orange River in South Africa.<br />
1854 Convention of Kanagawa Japan is opened to American trade.<br />
Anglo-Japanese Friendship Japan is opened to British trade.<br />
Treaty<br />
Treaty with the Umpqua and<br />
Kalapuya<br />
Between the United States and the tribes of Umpqua and Kalapuya in the<br />
Oregon Territory.<br />
Treaty of Medicine Creek The Nisqually, Puyallup, and Squaxin Island tribes, along with six other smaller<br />
Native American tribes cede territories to the United States.<br />
1855 Bowring Treaty Between Great Britain and Siam, opening Bangkok to foreign free trade, and<br />
Treaty of Hellgate<br />
Treaty of Shimoda<br />
Treaty of Neah Bay<br />
Treaty with the Kalapuya, etc.<br />
Canadian–American<br />
Reciprocity Treaty<br />
Point Elliott Treaty<br />
Point No Point Treaty<br />
guaranteeing Siam's independence.<br />
The Bitterroot Salish, Pend d'Oreille, and Kootenai tribes cede territories to the<br />
United States.<br />
Defines the border between Japan and Russia and opens three Japanese ports<br />
to foreign trade.<br />
Between the United States and the Makah people.<br />
Between the United States and the tribes of Kalapuya, Molala, Clackamas and<br />
others in the Oregon Territory.<br />
Trade treaty between the colonies of British North America and the United<br />
States.<br />
United States government and various Native American tribes of the Puget<br />
Sound region in the newly formed Washington Territory.<br />
Original inhabitants of the Kitsap Peninsula cede ownership of their land in<br />
exchange for small reservations in Hood Canal and a payment of 60,000 dollars<br />
Page 152 of 198
from the U.S. federal government.<br />
Quinault Treaty<br />
The Quinault and Quileute (including the Hoh) tribes cede territories to the United<br />
States government.<br />
Treaty with the Nez Perce Conducted at Walla Walla, Washington, wherein the United States recognizes<br />
the sovereignty and lands of the Nez Perce. Territory becomes part of United<br />
States. Ratified 1859.<br />
Treaty with the Confederated<br />
Umatilla, Cayuse, and Walla<br />
Walla Tribes<br />
Conducted at Walla Walla, Washington, wherein the United States recognizes<br />
the sovereignty and lands of the Cayuse, Umatilla, and Walla Walla. Territory<br />
becomes part of United States. Ratified 1859.<br />
Treaty with the Yakama Conducted at Walla Walla, Washington, wherein the United States recognizes<br />
Confederated Tribes and the sovereignty and lands of the many and varied bands and tribes making up<br />
Bands<br />
the Yakama Confederated Tribes and Bands. Territory becomes part of United<br />
States. Ratified 1859.<br />
"Buffalo" Treaty<br />
Conducted near Ft. Benton, Montana, at Blackfoot Council wherein several tribal<br />
nations east and west of continental divide agreed to peace terms and mutual<br />
use of territories while hunting buffalo.<br />
1856 Treaty of Paris (1856) Ends the Crimean War.<br />
1857 Vienna Monetary Treaty Monetary Treaty Between the German States<br />
Fourth Treaty of Buffalo Creek Between the US and Seneca Indians<br />
1858 Treaty of Tientsin Ends the first phase of the Second Opium War between Great Britain and China.<br />
Treaty of Aigun<br />
Specifies border between Russia and China.<br />
Treaty of Amity and Japanese treaty ports opened to commerce.<br />
Commerce (United States–<br />
Japan)<br />
1859 Treaty of Zurich Franco-Austrian armistice formalizing the Peace of Villafranca.<br />
1860 Cobden–Chevalier Treaty Establishes free trade between Great Britain and France.<br />
1860 Convention of Peking Ends the Second Opium War between Great Britain and China; China cedes<br />
Kowloon Peninsula to Great Britain.<br />
1861 Franco-Monegasque Treaty Grants sovereignty to Monaco.<br />
1862 Treaty of Commerce and Established official trade agreements between the United States and Ottoman<br />
Navigation<br />
Empire.<br />
Convention of Scutari<br />
Montenegro acknowledges Ottoman suzerainty.<br />
1862 First Treaty of Saigon Emperor Tự Đức cedes Saigon, the island of Poulo Condor, and three southern<br />
provinces (Biên Hòa, Gia Định, and Dinh Tuong) to the French Empire.<br />
1863 Treaty of Hué (1863) Confirms the First Treaty of Saigon.<br />
Treaty of Ruby Valley (1863) The Western Shoshone Indians give certain rights in Nevada Territory to the<br />
United States.<br />
1864 First Geneva Convention Establishes rules for the treatment of battlefield casualties.<br />
Treaty of London (1864) Great Britain cedes the Ionian Islands to Greece.<br />
Treaty of Vienna (1864) Ends the Second War of Schleswig between Denmark and Austria/Prussia.<br />
1865 Treaty of the Triple Alliance Military alliance between Brazil, Argentina and Uruguay against Paraguay.<br />
1866 Peace of Prague (1866) Ends Austro-Prussian War.<br />
1867 Alaska Purchase The United States buys Alaska from Russia.<br />
Medicine Lodge Treaty Negotiations between the United States and Native Americans.<br />
Treaty of London (1867) An international accord in the aftermath of the Austro-Prussian War and the<br />
Luxembourg Crisis.<br />
1868 Burlingame Treaty Establishes relations between the United States and China.<br />
Treaty of Fort Laramie (1868) Ends Red Cloud's War.<br />
Bancroft Treaties (Treaty on<br />
Naturalization)<br />
The North German Confederation recognizes the legal right of its subjects to<br />
become citizens of the United States; the first European government to do so.<br />
1871 Treaty of Frankfurt (1871) Ends the Franco-Prussian War.<br />
Treaty of Washington (1871) Settles grievances between the United States and Great Britain.<br />
Treaty 1 (Stone Fort Treaty) Ojibwe and Swampy Cree Indians of southeastern Manitoba accept the<br />
sovereignty of Canada.<br />
Treaty 2 (Manitoba Post Ojibwe Indians of southwestern Manitoba accept the sovereignty of Canada.<br />
Treaty)<br />
1873 Treaty 3 (Northwest Angle<br />
Treaty)<br />
Ojibwe Indians of eastern Manitoba and western Ontario accept the sovereignty<br />
of Canada.<br />
1874 Pangkor Treaty of 1874 Perak becomes the first Malay state to accept British Resident.<br />
Treaty of Berne<br />
Universal Postal Union becomes the second oldest international organization.<br />
Second Treaty of Saigon Reiterates the Treaty of Saigon (1862); the Red River (Song Hong) opens for<br />
trade, as well as the ports of Hanoi, Haiphong and Qui Nonh.<br />
Treaty 4 (Qu'appelle Treaty) Cree and Saulteaux Indians of southern Saskatchewan accept the sovereignty of<br />
Canada.<br />
1875 Treaty of Saint Petersburg In exchange for the Kuril Islands, Japan relinquishes claims on Sakhalin.<br />
(1875)<br />
Convention du Mètre<br />
An international treaty that establishes three organizations to oversee the<br />
keeping of metric standards.<br />
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Reciprocity Treaty of 1875 A free trade agreement between the United States and the Hawaiian Kingdom.<br />
Treaty 5<br />
Saulteaux and Swampy Cree Indians, and Michel Band métis of Manitoba accept<br />
the sovereignty of Canada.<br />
1876 Japan–Korea Treaty of 1876 First Unequal treaty of Korean Joseon dynasty.<br />
Treaty 6<br />
Plain and Wood Cree and Assiniboine Indians of central Alberta and<br />
Saskatchewan accept the sovereignty of Canada.<br />
1877 London Protocol (1877) Great Britain agrees to remain neutral in any conflict between the Ottoman<br />
Empire and Russia.<br />
Treaty 7<br />
Blackfoot, Nakota, and Sarcee Indians of Alberta accept the sovereignty of<br />
Canada.<br />
1878 Cyprus Convention The Ottoman Empire cedes Cyprus to Great Britain in return for military support<br />
against Russia<br />
Pact of Zanjón<br />
Ends the Cuban Ten Years' War.<br />
Treaty of San Stefano<br />
Ends the Russo-Turkish War (1877–78) between Russia and the Ottoman<br />
Empire.<br />
Treaty of Berlin (1878)<br />
Amends the Treaty of San Stefano.<br />
1879 Treaty of Gandamak Ends the first phase of the Second Anglo-Afghan War.<br />
1881 Boundary treaty of 1881 Chile and Argentina define their boundary.<br />
between Chile and Argentina<br />
Treaty of Akhal<br />
Persia officially recognizes the annexation of Khwarazm by Russia.<br />
Treaty of Bardo<br />
Tunisia becomes a protectorate of France.<br />
1882 Triple Alliance (1882) Alliance between Germany, Austria-Hungary and Italy.<br />
Kilmainham Treaty<br />
Between the British government under William Ewart Gladstone and the Irish<br />
nationalist leader Charles Stewart Parnell.<br />
1883 Paris Convention for the Intellectual property systems (including patents) of any contracting state become<br />
Protection of Industrial accessible to the nationals of other states party to the Convention.<br />
Property<br />
Treaty of Ancón<br />
Treaty of Hué (1883)<br />
Settles territorial disputes between Peru and Chile.<br />
Annam cedes protectorate over Annam and Tonkin to France; not confirmed as<br />
too harsh.<br />
1884 Treaty of Hué (1884) Between Annam and France, replacing the Treaty of Hué (1883).<br />
1885 Treaty of Simulambuco Between Portugal and the Ngoyo Kingdom in the Cabinda enclave north of<br />
Angola.<br />
1886 Berne Convention <strong>International</strong> agreement about copyright.<br />
Treaty of Bucharest<br />
Ends war between Serbia and Bulgaria.<br />
1887 Reinsurance Treaty Between Germany and Russia.<br />
1889 Treaty of Berlin (1889) The United States, Great Britain, and Germany establish a condominium and<br />
recognize the independence of Samoa.<br />
Treaty of Wuchale<br />
Peace treaty between Ethiopia and Italy, subsequently disputed.<br />
Puna de Atacama dispute Secret treaty between Argentina and Bolivia (see also 1891)<br />
1890 Heligoland–Zanzibar Treaty Agreement between the Great Britain and Germany concerning mainly territorial<br />
interests in Africa.<br />
1891 Treaty of Madrid (1891) Gives France legal protection of the word champagne.<br />
Puna de Atacama dispute Secret treaty between Chili and Bolivia (see also 1889)<br />
1895 Treaty of The Hague (1895) Establishes boundaries of British New Guinea.<br />
Treaty of Shimonoseki<br />
Ends the First Sino-Japanese War between China and Japan.<br />
Treaty of Friendship, Establishes diplomatic and commercial relations between Brazil and Japan.<br />
Commerce and Navigation<br />
between Brazil and Japan<br />
1896 Treaty of Addis Ababa Abrogates the Treaty of Wuchale, formally ends the First Italo–Ethiopian War,<br />
and recognizes Ethiopia as an independent state.<br />
1897 Treaty of Constantinople Ends hostilities between the Ottoman Empire and Greece. Greece pays<br />
(1897)<br />
reparations. Crete autonomous under Ottoman suzerainty (Cretan State).<br />
Franco-Ethiopian treaty (1897) France and Ethiopia the boundary between Ethiopia and French Somaliland.<br />
1898 Treaty of Paris (1898) Ends the Spanish–American War.<br />
Convention for the Extension China cedes the New Territories to Great Britain.<br />
of Hong Kong Territory<br />
1899 Hague Conventions of 1899 Attempts to formalize laws of war.<br />
and 1907<br />
Tripartite Convention (1899) Divides Samoa between the United States and Germany.<br />
Treaty 8<br />
Cree and Chipewyan Indians cede northern British Columbia, Alberta, and<br />
Saskatchewan to Canada and<br />
accept Canadian sovereignty.<br />
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1900–1999<br />
Year Name Summary<br />
1900 Treaty of Paris Ends all conflicting claims over Río Muni (Equatorial Guinea).<br />
Treaty of Washington<br />
Seeks to remove any ground of misunderstanding growing out of the<br />
interpretation of Article III of the Treaty of Paris (1898) by clarifying<br />
specifics of territories relinquished to the United States by Spain.<br />
Convention for the Preservation of Wild First international agreement on wildlife conservation.<br />
Animals, Birds and Fish in Africa<br />
1901 Hay–Pauncefote Treaty Replaces the Clayton–Bulwer Treaty.<br />
Boxer Protocol<br />
Peace agreement between the Eight-Nation Alliance and China.<br />
1902 Anglo-Japanese Alliance Treaty of alliance between England and Japan; signed by Lord Lansdowne<br />
and Hayashi Tadasu.<br />
Treaty of Vereeniging<br />
Ends the Second Boer War.<br />
1903 Cuban–American Treaty of Relations (1903) The Republic of Cuba grants the United States the right to lease land in the<br />
Guantánamo Bay area.<br />
Hay–Herrán Treaty<br />
The United States attempts to acquire a lease on Panama.<br />
Hay–Herbert Treaty<br />
Between the United Kingdom and the United States on the location of the<br />
border between Alaska and Canada.<br />
Hay–Bunau-Varilla Treaty<br />
Establishes the Panama Canal Zone.<br />
Treaty of Petrópolis<br />
Ends tensions between Bolivia and Brazil over the territory of Acre.<br />
Southern African Customs Union Agreement Creates customs union between British colonies and protectorates in<br />
Southern Africa.<br />
1904 Treaty of Peace and Friendship (1904) Fixes borders between Chile and Bolivia.<br />
Treaty of Lhasa<br />
Between Great Britain and Tibet.<br />
1905 Treaty of Portsmouth Ends the Russo-Japanese War.<br />
Treaty of Björkö<br />
A secret mutual defense accord between the German Empire and Russia.<br />
October Manifesto<br />
Response to Russian Revolution of 1905. Created the Duma but Tsar<br />
Nicholas II of Russia disregarded it after the country was stable again and<br />
continued his absolute rule.<br />
Taft–Katsura Agreement<br />
Japan and the United States agree on spheres of influence in Asia.<br />
Convention of Karlstad<br />
This treaty dissolves of the union between Norway and Sweden<br />
established by the Convention of Moss and Treaty of Kiel in 1814.<br />
Japan–Korea Treaty of 1905<br />
This treaty deprived Korean Empire of its diplomatic sovereignty, in effect<br />
making Korea a protectorate of Empire of Japan; void in 1965.<br />
Treaty 9 (James Bay Treaty)<br />
Conducted at Osnaburgh House trade post, on Lake St. Joseph (Albany<br />
River), Ontario, Canada, negotiating an agreement between the Canadian<br />
monarch, King Edward VII, and First Nations. There were later adhesions<br />
to the treaty.<br />
1906 Second Geneva Convention Specifies the treatment of wounded, sick and shipwrecked members of<br />
armed forces at sea.<br />
Treaty 10<br />
Conducted at Île-à-la-Crosse and Lac du Brochet, Saskatchewan, Canada,<br />
negotiating an agreement between the Canadian monarch, King Edward<br />
VII, and First Nations. There were later adhesions to the treaty in 1907.<br />
Treaty of Limits (Brazil–Netherlands)<br />
Defined international boundary between Brazil and Dutch colony of<br />
Surinam<br />
1909 Anglo-Siamese Treaty of 1909 Formally divides northern Malay states between Siam and the British<br />
Empire.<br />
1910 Japan–Korea Treaty of 1910 Begins the period of Korea under Japanese rule; declared null and void in<br />
1965.<br />
Brussels Collision Convention<br />
Governs apportionment of legal liability in maritime collision cases.<br />
1911 North Pacific Fur Seal Convention of 1911 First international treaty seeking the management and conservation of<br />
wildlife.<br />
1912 <strong>International</strong> Opium Convention The first international drug control treaty.<br />
1913 Treaty of London (1913) Ends the First Balkan War.<br />
Treaty of Bucharest (1913)<br />
Ends the Second Balkan War.<br />
Treaty of friendship and alliance between the Alliance between Mongolia and Tibet.<br />
Government of Mongolia and Tibet<br />
Treaty of Athens<br />
Peace treaty between Ottoman Empire and Greece. Ottoman Empire<br />
acknowledges union of Crete with Greece.<br />
Treaty of Constantinople (1913) Peace treaty between Ottoman Empire and Bulgaria. Bulgaria<br />
acknowledges Ottoman control on Eastern Thrace.<br />
1914 Bryan–Chamorro Treaty The United States acquires the rights to any canal built in Nicaragua, to<br />
build a naval base in the Gulf of Fonseca, and to lease the Great and Little<br />
Corn Islands in the Caribbean; ratified in 1916.<br />
1915 Treaty of London (1915) (London Pact) Italy enters World War I.<br />
Treaty of Kyakhta (1915)<br />
Status of Mongolia<br />
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1916 Sykes–Picot Agreement France and the United Kingdom define spheres of influence in the Middle<br />
East.<br />
Treaty of Bucharest (1916)<br />
Alliance between Romania and the Entente.<br />
1917 Lansing–Ishii Agreement Trade treaty between the United States and Japan.<br />
Corfu Declaration<br />
Statement of intention to form a Kingdom of Yugoslavia.<br />
1918 Treaty of Brest-Litovsk (Ukraine–Central Between the Ukrainian People's Republic and the Central Powers.<br />
Powers)<br />
Treaty of Brest-Litovsk Between Russia and the Central Powers; Russia pulls out of World War I.<br />
Treaty of Bucharest (1918)<br />
Between Romania and the Central Powers; never ratified.<br />
Treaty of Batum<br />
Between the Democratic Republic of Armenia and the Ottoman Empire.<br />
Armistice of Mudros<br />
Ends the Middle-Eastern part of World War I and forces the Ottomans to<br />
renounce most of their imperial holdings.<br />
Armistice of Villa Giusti<br />
Between the Kingdom of Italy and Austria-Hungary, ending warfare on<br />
Italian Front during World War I.<br />
Armistice with Germany<br />
Between France, Britain, and Germany, ending World War I<br />
Treaty of Rongbatsa<br />
Agreement upon borders between India, Nepal, Tibet and China.<br />
1919 Treaty of Saint-Germain-en-Laye (1919) Dissolution of the Austro-Hungarian Empire.<br />
Treaty of Versailles Formally ends World War I.<br />
Treaty of Neuilly-sur-Seine<br />
Between Allied Powers and Bulgaria.<br />
Faisal–Weizmann Agreement<br />
Agreement for Arab–Jewish cooperation in the Middle East.<br />
Anglo-Afghan Treaty of 1919 (Treaty of<br />
Rawalpindi)<br />
Between the United Kingdom and Afghanistan during the Third Anglo-<br />
Afghan War; United Kingdom recognizes Afghanistan's independence;<br />
amended in 1921.<br />
1920 Seventh Treaty of Paris Union of Bessarabia and Romania.<br />
Treaty of Warsaw (1920)<br />
Between the Second Polish Republic and the Ukrainian People's Republic.<br />
Treaty of Brno (1920)<br />
Naturalizes all populaces within the respective language groups of Austria<br />
and Czechoslovakia.<br />
Treaty of Rapallo (1920)<br />
Between Italy and the Kingdom of Serbs, Croats and Slovenes<br />
(subsequently the Kingdom of Yugoslavia).<br />
Treaty of Moscow (1920)<br />
Mutual recognition of the Russian SFSR and the Democratic Republic of<br />
Georgia<br />
Treaty of Tartu (Russian–Finnish)<br />
Establishes border between Russia and Finland.<br />
Treaty of Tartu (Russian–Estonian)<br />
Establishes border between Russia and Estonia.<br />
Treaty of Trianon<br />
Regulates the newly independent Hungary.<br />
Treaty of Sèvres<br />
Peace between the Allies of World War I and the Ottoman Empire.<br />
Latvian–Soviet Peace Treaty<br />
Brings peace between the Republic of Latvia and Russian SFSR.<br />
Treaty of Alexandropol<br />
Ends the war between Turkish nationalists and the Armenian Republic.<br />
Svalbard Treaty<br />
The Arctic archipelago of Svalbard becomes part of the Kingdom of<br />
Norway.<br />
1921 Franco-Polish alliance (1921) Military alliance between Poland and France that was active between 1921<br />
and 1940.<br />
Anglo-Irish Treaty<br />
Ends the Irish War of Independence and created the Irish Free State.<br />
Peace of Riga<br />
Ends the Polish–Soviet War.<br />
Thomson–Urrutia Treaty<br />
Colombia recognizes Panama's independence in return for 25 million<br />
dollars.<br />
Treaty of Berlin (1921)<br />
Separate post-World War I peace agreement between the United States<br />
and Germany.<br />
Treaty of Kars<br />
Friendship treaty between Turkey and the Soviet governments of the<br />
Transcaucasian Republics.<br />
Treaty of Ankara (1921)<br />
France agrees to evacuate Cilicia in return for economic concessions from<br />
Turkey; Turkey acknowledges French imperial sovereignty over Syria.<br />
Russo-Persian Treaty of Friendship (1921) Grants both Iran and the Soviet Union full and equal shipping rights in the<br />
Caspian Sea.<br />
Treaty of Moscow (1921)<br />
A friendship treaty between the Grand National Assembly of Turkey<br />
(TBMM) and the Bolshevik government of the Russian Soviet Federative<br />
Socialist Republic.<br />
Anglo–Afghan Treaty of 1921 Amendments to and expansion of the Anglo-Afghan Treaty of 1919<br />
between the United Kingdom and Afghanistan<br />
Treaty 11<br />
Conducted at Northwest Territories, Canada, negotiating an agreement<br />
between the Canadian monarch, King George V, and First Nations. There<br />
were further signings in 1921.<br />
1922 Washington Naval Treaty Attempts to limit naval expansion.<br />
Treaty of Rapallo (1922)<br />
Treaty on the Creation of the USSR<br />
Between the Weimar Republic and Bolshevist Russia.<br />
Legalized the creation of a union of several Republics of the Soviet Union<br />
in the form of the Union of Soviet Socialist Republics.<br />
1923 Treaty of Lausanne Sets the boundaries of modern Turkey.<br />
Halibut Treaty<br />
Canadian-American agreement concerning fishing rights in the northern<br />
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Pacific Ocean.<br />
Convention and Statute on the <strong>International</strong><br />
Régime of Maritime Ports<br />
Mandated equal treatment of all ships in maritime ports, regardless of<br />
nationality.<br />
1924 Brussels Agreement (1924) Multilateral treaty providing for medical treatment of seamen with venereal<br />
diseases.<br />
Treaty of Rome (1924)<br />
Revokes parts of the Treaty of Rapallo (1920) that created the independent<br />
Free State of Fiume; Fiume would be annexed to Italy while the town of<br />
Sušak would be assigned to Yugoslavia.<br />
1925 Treaty of Nettuno Defines border and immigration policy between the Kingdom of Italy and<br />
the Kingdom of Yugoslavia.<br />
Locarno Treaties<br />
Seven treaties between the World War I Western European Allied powers<br />
and the new states of central and Eastern Europe.<br />
1926 Treaty of Berlin (1926) Germany and the Soviet Union pledge neutrality.<br />
1927 Treaty of Jeddah (1927) Establishes the independence of present-day Saudi Arabia from the United<br />
Kingdom.<br />
1928 Kellogg–Briand Pact Calls "for the renunciation of war as an instrument of national policy".<br />
Italo-Ethiopian Treaty of 1928<br />
20 year treaty of peace between the Kingdom of Italy and the Empire of<br />
Ethiopia.<br />
1929 Lateran Treaty The Kingdom of Italy and the Vatican City formally recognize each other.<br />
Geneva Convention (1929)<br />
Establishes rules for the treatment of prisoners of war; predecessor of the<br />
1949 Third Geneva Convention.<br />
<strong>International</strong> Convention for the Suppression Criminalises the counterfeiting of currency.<br />
of Counterfeiting Currency<br />
1930 London Naval Treaty Regulates submarine warfare and shipbuilding.<br />
Convention Between the United States and<br />
Great Britain (1930)<br />
Definitely delimits the boundary between North Borneo (then a British<br />
protectorate) and the Philippine archipelago (then a U.S. Territory).<br />
1931 Treaty of Westminster (1931) Creates the British Commonwealth.<br />
1932 Soviet–Polish Non-Aggression Pact <strong>International</strong> treaty of non-aggression signed by representatives of Poland<br />
and the USSR.<br />
1934 German–Polish Non-Aggression Pact <strong>International</strong> treaty between Nazi Germany and the Second Polish<br />
Republic; both countries pledged to settle disputes through bilateral<br />
negotiations.<br />
Balkan Pact<br />
Between Greece, Turkey, Romania, and Yugoslavia; signatories agree to<br />
suspend all disputed territorial claims against each other.<br />
1935 Franco-Soviet Treaty of Mutual Assistance Bilateral pact between France and the USSR with the aim of containing<br />
German aggression.<br />
Treaty of Establishment, Commerce and Reinforces the Russo-Persian Treaty of Friendship.<br />
Navigation<br />
1936 Anglo-Egyptian Treaty of 1936 The United Kingdom withdraws its troops from Egypt except those<br />
necessary to protect the Suez Canal and its surroundings.<br />
Franco-Syrian Treaty of Independence France provides independence to Syria.<br />
(1936)<br />
Montreux Convention Regarding the Regime Approve Turkish control on Bosphorus and Dardanelles Straits<br />
of the Straits<br />
1937 <strong>International</strong> Convention for the Regulation of<br />
Whaling<br />
Establishes limitations on whaling practices; protocols signed in 1938 and<br />
again in 1945.<br />
Treaty of Saadabad<br />
A non-aggression pact signed by Turkey, Iran, Iraq and Afghanistan.<br />
1938 Munich Agreement Surrenders the Sudetenland to Germany.<br />
1939 Molotov–Ribbentrop Pact Soviet-German non-aggression pact.<br />
Pact of Steel<br />
Pact of Friendship and Alliance between Germany and Italy.<br />
1940 Moscow Peace Treaty Ends the Winter War.<br />
Treaty of Commerce and Navigation<br />
Reinforces the Treaty of Establishment, Commerce and Navigation<br />
between Iran and the Soviet Union.<br />
Treaty of Craiova<br />
Romania cedes territories to Bulgaria.<br />
1941 Tokyo Convention Ends the Franco-Thai War.<br />
1942 Anglo-Soviet Treaty of 1942 Twenty-year mutual assistance agreement between the United Kingdom<br />
and the USSR that establishes both a military and political alliance.<br />
1944 Bretton Woods Agreement Establishes rules for commercial and financial relations among the major<br />
industrial states.<br />
Tito–Šubašić Agreement<br />
Attempts to merge Yugoslavian governments.<br />
Chicago Convention on <strong>International</strong> Civil Establishes the <strong>International</strong> Civil Aviation Organization; ratified in 1947.<br />
Aviation<br />
London Protocol (1944)<br />
Prepares for the division of Germany into three occupation zones.<br />
1945 Treaty of Varkiza Attempts to officially end the Greek Civil War.<br />
United Nations Charter<br />
Establishes the United Nations.<br />
Wanfried Agreement<br />
Transfers three Hessian villages to the Soviet Union and two Eichsfeld<br />
villages to the United States.<br />
1946 Bermuda Agreement Bilateral agreement on civil aviation between the United States and United<br />
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Kingdom.<br />
Keflavik Agreement<br />
Between the USA and Iceland<br />
Gruber–De Gasperi Agreement<br />
South Tyrol and Trentino remain part of Italy, but ensures their autonomy<br />
as region of Trentino-Alto Adige/Südtirol.<br />
<strong>International</strong> Convention for the Regulation of<br />
Whaling<br />
Replaces the <strong>International</strong> Agreement for the Regulation of Whaling;<br />
governs the commercial, scientific, and aboriginal subsistence whaling<br />
practices of fifty-nine member nations.<br />
1946 Lake Success Protocol Shifts drug control functions previously assigned to the League of Nations<br />
to the United Nations.<br />
Treaty of Manila (1946)<br />
The United States recognizes the independence of the Republic of the<br />
Philippines.<br />
Treaty of London (1946)<br />
Great Britain recognizes the independence of Transjordan.<br />
1947 General Agreement on Tariffs and Trade Establishes international trade rules.<br />
Paris Peace Treaties, 1947<br />
Formally ends World War II in the European Theatre.<br />
Inter-American Treaty of Reciprocal A "hemispheric defense" doctrine signed by many nations in the Americas.<br />
Assistance<br />
1949 North Atlantic Treaty Establishes NATO, the North Atlantic Treaty Organization.<br />
Fourth Geneva Convention<br />
Establishes rules for the protection of civilians during wartime.<br />
Treaty of The Hague (1949)<br />
The Netherlands grants independence to Indonesia except for the South<br />
Molucca Islands and West Irian.<br />
Treaty of London (1949)<br />
Creates the Council of Europe.<br />
1950 Liaquat–Nehru Pact Between Pakistani Prime Minister Liaquat Ali Khan and Indian Prime<br />
Minister Jawaharlal Nehru.<br />
Treaty of Zgorzelec<br />
Establishes borders between the Republic of Poland and the German<br />
Democratic Republic.<br />
1951 Mutual Defense Treaty (U.S.–Philippines) A mutual defense accord between the Philippines and the United States.<br />
Genocide Convention<br />
Defines and outlaws genocide.<br />
Treaty of San Francisco<br />
Formally ends the war between the Allies of World War II and Japan.<br />
Security Treaty Between the United States<br />
and Japan<br />
A mutual defense agreement between the United States and Japan; goes<br />
into effect on April 28, 1952.<br />
U.S. and Japan Mutual Defense Assistance<br />
Agreement<br />
Permits U.S. armed forces to station troops in Japan while encouraging<br />
Japan to rearm for defensive purposes only; goes into effect on May 1,<br />
1954.<br />
1952 ANZUS Treaty Alliance between Australia, New Zealand and the United States.<br />
Treaty of Taipei<br />
Peace treaty between Japan and the Republic of China.<br />
General Treaty<br />
Treaty between the Federal Republic of Germany and the Western Allies<br />
(France, UK, USA) restoring (limited) German sovereignty.<br />
<strong>International</strong> Convention relating to Arrest of Standardises rules relating to arrest of ships in port.<br />
Sea-going Ships<br />
1953 Korean War Armistice Agreement Ended the fighting between the United Nations Command and the Korean<br />
People's Army & PRC People's Liberation Army.<br />
1954 Central Treaty Organization Alliance of Middle Eastern countries and the United Kingdom.<br />
Southeast Asia Collective Defense Treaty<br />
Established the Southeast Asia Treaty Organization, (SEATO), a defensive<br />
alliance between Australia, France, New Zealand, Pakistan, Philippines,<br />
South Korea, South Vietnam, Thailand, the United Kingdom and the United<br />
States.<br />
1955 Asian–African Conference Conference stated to promote Afro-Asian economic and cultural<br />
cooperation and to oppose colonialism or neocolonialism by the United<br />
States, the Soviet Union, or any other "imperialistic" nation.<br />
Austrian State Treaty<br />
Simonstown Agreement<br />
Re-establishes a free, sovereign and democratic Austria.<br />
The Royal Navy surrenders its naval base at Simonstown, South Africa and<br />
transfers command of the South African Navy to the government of South<br />
Africa.<br />
Warsaw Pact<br />
Alliance of Central and Eastern European communist states.<br />
1956 Soviet–Japanese Joint Declaration of 1956 Reestablishes diplomatic relations between the Soviet Union and Japan<br />
following World War II.<br />
1957 Anglo-Malayan Defence Agreement Provides a security umbrella for the independent Malaya.<br />
Treaty of Rome<br />
Establishes the European Economic Community.<br />
<strong>International</strong> Atomic Energy Treaty<br />
Establishes the <strong>International</strong> Atomic Energy Agency.<br />
1958 1958 US–UK Mutual Defence Agreement Bilateral treaty between the United States and the United Kingdom on<br />
nuclear weapons cooperation.<br />
Convention on the Territorial Sea and the<br />
Contiguous Zone<br />
Provides new universal legal controls for the management of marine<br />
natural resources and the control of pollution.<br />
1959 Antarctic Treaty System Sets aside Antarctica as a scientific preserve, establishes freedom of<br />
scientific investigation and bans military activity on the continent; comes<br />
into force in 1961.<br />
1960 Treaty of Mutual Cooperation and Security<br />
between the United States and Japan<br />
Strengthens Japan's ties to the "West" during the Cold War era.<br />
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The Indus Waters Treaty 1960<br />
Water sharing treaty between India and Pakistan.<br />
1960 Treaty of Montevideo Establishes the Latin American Free Trade Association.<br />
London and Zurich Agreements<br />
Between United Kingdom, Turkey and Greece about the independence and<br />
Guarantee of Cyprus.<br />
1961 Arms Control and Disarmament Agency Strengthens U.S. national security by implementing effective policies of<br />
arms control and disarmament.<br />
Hague Convention of 5 October 1961 <strong>International</strong> treaty drafted by the Hague Conference on Private<br />
<strong>International</strong> <strong>Law</strong>. It specifies the modalities through which a document<br />
issued in one of the signatory countries can be certified for legal purposes<br />
in all the other signatory states. Such a certification is called an apostille<br />
(French: certification). The apostille is an international certification.<br />
Columbia River Treaty<br />
<strong>International</strong> agreement between Canada and the United States on the<br />
development and operation of the upper Columbia River basin.<br />
Vienna<br />
Convention <strong>International</strong> treaty on diplomatic intercourse and the privileges and<br />
on Diplomatic Relations<br />
immunities of diplomatic missions; came into force in 1964.<br />
Alliance for Progress<br />
U.S. President Dwight D. Eisenhower attempts to establish economic<br />
cooperation between North America and South America.<br />
Single Convention on Narcotic Drugs<br />
<strong>International</strong> treaty against the illicit manufacture and trafficking of narcotic<br />
drugs.<br />
Convention on the Reduction of <strong>International</strong> treaty against statelessness; goes into effect on December 13,<br />
Statelessness<br />
1975.<br />
1962 Nassau Agreement The United States provides the United Kingdom with nuclear-armed Polaris<br />
missiles in return for a nuclear submarine base in the Holy Loch, near<br />
Glasgow.<br />
New York Agreement<br />
Agreement between the Republic of Indonesia and the Kingdom of the<br />
Netherlands Concerning West New Guinea (West Irian). Transferred<br />
responsibility for a territory to the United Nations and arranged for<br />
subsequent administration by Indonesia pending an act of selfdetermination<br />
defined in agreement.<br />
1963 Vienna Convention Multilateral treaty that codifies consular practices.<br />
on Consular Relations<br />
Vienna<br />
Convention Sets rules of liability for any and all forms of nuclear damage.<br />
on Civil Liability for Nuclear Damage<br />
Partial Nuclear Test Ban Treaty [183]<br />
Prohibiting all test detonations of nuclear weapons except underground.<br />
Élysée Treaty<br />
Franco-German agreement for joint cooperation in foreign policy, economic<br />
and military integration, and exchange of student education.<br />
Strasbourg Convention<br />
Harmonizes patent laws across European countries.<br />
1965 Merger Treaty Organizes the European Coal and Steel Community, the European<br />
Economic Community and Euratom; creates European Commission and<br />
the Council of the European Communities; comes into force on July 1,<br />
1967.<br />
Treaty on Basic Relations between Japan<br />
and the Republic of Korea<br />
Established basic relationship between Japan and the Republic of Korea<br />
(South Korea).<br />
1967 Treaty of Tlatelolco Keeps Latin American and the Caribbean regions free of nuclear weapons.<br />
ASEAN Declaration<br />
Founding document of the Association of Southeast Asian Nations.<br />
WIPO Convention<br />
Established the World Intellectual Property Organization.<br />
Outer Space Treaty<br />
Forbids the placing of nuclear weapons or any other weapons of mass<br />
destruction on celestial bodies and into outer space in general.<br />
1968 Treaty on the Non-Proliferation of Nuclear Limits the spread of nuclear weapons through non-proliferation,<br />
Weapons<br />
disarmament, and the right to utilize nuclear technology for peaceful<br />
purposes.<br />
1969 Convention on the Elimination of All Forms of<br />
Racial Discrimination<br />
Commits signatories to the elimination of racial discrimination and the<br />
promotion of understanding among all races.<br />
Vienna Convention on the <strong>Law</strong> of Treaties Codifies the pre-existing international customary law on treaties with some<br />
necessary gap-filling and clarifications.<br />
Arusha Agreement<br />
Establishes better economic relations between the European Community<br />
and the nations of Kenya, Uganda, and Tanzania; comes into force in<br />
1971.<br />
1970 Hague Hijacking Convention Criminalises the hijacking of civil aviation aircraft.<br />
Patent Cooperation Treaty<br />
Provides a unified procedure for filing patent applications to protect<br />
inventions internationally; comes into force in 1978; amended in 1979;<br />
modified in 1984 and 2001.<br />
Boundary Treaty of 1970<br />
Settles boundary disputes between the United States and Mexico.<br />
Treaty of Warsaw (1970)<br />
West Germany and the People's Republic of Poland pledge themselves to<br />
nonviolence and accept the Oder–Neisse line; ratified in 1972.<br />
1971 Convention on Psychotropic Substances Attempts to control psychoactive drugs such as amphetamines,<br />
Five Power Defence Arrangements<br />
barbiturates, and LSD.<br />
Security agreement between Australia, Malaysia, New Zealand, Singapore<br />
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and the United Kingdom.<br />
Ramsar Convention<br />
Focuses on the conservation and sustainable utilization of wetlands; goes<br />
into effect in 1975.<br />
IPC Agreement<br />
Establishes a common classification for patents for invention, inventors'<br />
certificates, utility models and utility certificates; goes into effect in 1975;<br />
amended in 1979.<br />
Seabed Arms Control Treaty Bans the placement of nuclear weapons on the ocean floor beyond a 12-<br />
mile (19 km) coastal zone; comes into force in 1972.<br />
Convention for the Suppression of Unlawful Criminalises sabotage of civil aircraft and dangerous acts on board aircraft<br />
Acts against the Safety of Civil Aviation<br />
Indo-Soviet Treaty of Friendship and Specifies strategic cooperation between India and the Soviet Union.<br />
Cooperation<br />
1972 Addis Ababa Agreement (1972) A series of accords between the government of Sudan and insurgents in<br />
Southern Sudan, which ended the First Sudanese Civil War<br />
Anti-Ballistic Missile Treaty<br />
Limits the use of anti-ballistic missile (ABM) systems in defending areas<br />
against missile-delivered nuclear weapons (US PL 92-448).<br />
Basic Treaty (1972)<br />
Establishes relations between the Federal Republic of Germany and the<br />
German Democratic Republic; comes into effect in 1973.<br />
Biological Weapons Convention<br />
First multilateral disarmament treaty banning the production of an entire<br />
category of biological weapons (with exceptions for medical and defensive<br />
purposes in small quantities).<br />
Convention for the Conservation of Antarctic Provides protection for Antarctic seals; comes into effect in 1978.<br />
Seals<br />
London Convention on the Prevention of<br />
Marine Pollution by Dumping of Wastes and<br />
Attempts to control pollution of the sea via deliberate dumping by vessels,<br />
aircraft, and platforms.<br />
Other Matter<br />
Sino-Japanese Joint Communiqué<br />
Japan recognizes PRC as the sole legal Government of China; and China<br />
renounces its demand for war reparation from Japan<br />
Simla Agreement<br />
Normalised relations between India and Pakistan following the Bangladesh<br />
Liberation War.<br />
1973 European Patent Convention Multilateral treaty instituting the European Patent Organisation.<br />
Agreement on the Transfer of Corpses Establishes rules and standards for the transfer of human corpses across<br />
CITES- The Convention on <strong>International</strong><br />
Trade in Endangered Species of Wild Fauna<br />
and Flora<br />
Paris Peace Accords<br />
Vientiane Treaty<br />
Agreement on the Transfer of Corpses<br />
Sunningdale Agreement<br />
international borders<br />
Also known as the Washington Convention; Regulates international trade<br />
of endangered species of animals and plants (live specimens, as well as<br />
their parts and derivatives)<br />
Formalized American withdrawal from Vietnam.<br />
A cease-fire agreement between the monarchial government of Laos and<br />
the communist Pathet Lao.<br />
Establishes rules and standards for the transport of human corpses across<br />
international borders. Intended to replace a similar 1937 treaty.<br />
Established a power-sharingNorthern Ireland Executive under Brian<br />
Faulkner of the UUP and Gerry Fitt of the SDLP.<br />
1974 Japan–Australia Migratory Bird Agreement Treaty between Australia and Japan to minimise harm to the major areas<br />
used by birds that migrate between the two countries; comes into force in<br />
1981.<br />
Threshold Test Ban Treaty<br />
Establishes a nuclear "threshold" by prohibiting nuclear tests of devices<br />
having a yield exceeding 150 kilotons.<br />
1975 Treaty of Osimo Divides the Free Territory of Trieste between Italy and Yugoslavia.<br />
Treaty of Lagos<br />
Establishes the Economic Community of West African States.<br />
1976 Environmental Modification Convention Prohibits the military or other hostile use of environmental modification<br />
techniques; comes into force in 1978.<br />
Treaty of Amity and Cooperation in Treaty signed among the founding members of ASEAN and acceded to by<br />
Southeast Asia<br />
all ASEAN members and 15 non-members.<br />
Convention on Limitation of Liability for Admiralty law treaty regarding liability for maritime claims.<br />
Maritime Claims<br />
1977 Torrijos–Carter Treaties Abrogates the Hay–Bunau-Varilla Treaty and guarantees Panama its<br />
eventual control of the Panama Canal after 1999.<br />
1978 Camp David Accords Agreement between Egypt and Israel.<br />
Treaty of Peace and Friendship between Peace agreement between Japan and the People's Republic of China.<br />
Japan and the People's Republic of China<br />
1979 Egypt–Israel Peace Treaty Israel and Egypt agree to mutually recognize each other; Israel agrees to<br />
withdraw its troops from the Sinai Peninsula in return for Israeli ships to<br />
gain free passage through the Suez Canal.<br />
Moon Treaty<br />
Treaty of Accession 1979<br />
Treaty of Montevideo<br />
Turns jurisdiction of all heavenly bodies to the international community;<br />
goes into effect in 1984.<br />
New members for the European union<br />
Both Argentina and Chile pledge to a peaceful solution to their border<br />
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disputes at the Beagle Channel.<br />
1983 Australia New Zealand Closer Economic<br />
Relations Trade Agreement<br />
A free trade agreement between the governments of New Zealand and<br />
Australia.<br />
1984 Sino-British Joint Declaration The United Kingdom relinquishes Hong Kong to the People's Republic of<br />
China.<br />
Nkomati Accord<br />
Nonagression treaty between Mozambique and the Republic of South<br />
Africa.<br />
Oujda Treaty<br />
Morocco and Libya establish the Arabic–African Union.<br />
Treaty of Peace and Friendship of 1984<br />
between Chile and Argentina<br />
Resolves disputes between Argentina and Chile over the possession of the<br />
Picton, Lennox and Nueva islands.<br />
1985 Plaza Accord The Group of Five agree to devalue the US dollar in relation to the<br />
Japanese yen and German Deutsche Mark by intervening in currency<br />
markets.<br />
Schengen Agreement<br />
Establishes for the European Community a border system and a common<br />
policy on the temporary entry of persons.<br />
1985 Helsinki Protocol on the Reduction of<br />
Sulphur Emissions<br />
Provides for a 30% reduction in sulphur emissions and their transboundary<br />
fluxes by 1993; comes into effect in 1987.<br />
Treaty of Rarotonga<br />
Formalizes a nuclear-weapon-free zone in the South Pacific.<br />
1986 China–Australia Migratory Bird Agreement Treaty between Australia and China to minimise harm to major areas used<br />
by birds that migrate between the two countries; comes into force in 1988.<br />
Convention on Early Notification of a Nuclear<br />
Accident<br />
In the wake of the Chernobyl disaster, states agree to promptly notify each<br />
other and the IAEA of nuclear accidents that occur.<br />
1987 Intermediate-Range Nuclear Forces Treaty Eliminates nuclear and conventional ground-launched ballistic and cruise<br />
missiles with ranges of 500 to 5,500 kilometers (300 to 3,400 miles); ratified<br />
and comes into force in 1988.<br />
Joint Declaration on the Question of Macau Portugal relinquishes Macau to the People's Republic of China.<br />
1988 Nitrogen Oxide Protocol Provides for the control or reduction of nitrogen oxides and their<br />
transboundary fluxes; comes into effect in 1991.<br />
United Nations Convention Against Illicit<br />
Traffic in Narcotic Drugs and Psychotropic<br />
Enforcing the 1961 Single Convention on Narcotic Drugs and the 1971<br />
Convention on Psychotropic Substances.<br />
Substances<br />
Convention for the Suppression of Unlawful Criminalizes hijacking and other dangerous acts on ships.<br />
Acts against the Safety of Maritime<br />
Navigation<br />
Convention for the Suppression of Unlawful Criminalizes dangerous or violent acts in airports<br />
Acts against the Safety of Civil Aviation<br />
1989 Montreal Protocol Attempts to protect the ozone layer by phasing out the production of a<br />
number of substances believed to be responsible for ozone depletion.<br />
Treaty on Conventional Armed Forces in<br />
Europe<br />
Establishes limits on key categories of conventional military equipment in<br />
Europe and mandates the destruction of excess weaponry.<br />
Timor Gap Treaty Between the governments of Australia and Indonesia; rewritten in 2001.<br />
Wellington Convention<br />
Prohibits the use of fishing driftnets in the South Pacific that are longer than<br />
2.5 metres.<br />
1990 Malaysia–Singapore Points of Agreement of<br />
1990<br />
Treaty regarding the future of railway land owned by the Malaysian<br />
government through Malayan Railways in Singapore.<br />
1990 Chemical Weapons Accord On June 1, 1990 Presidents George H. W. Bush and Mikhail Gorbachev<br />
sign the bilateral U.S.-Soviet Chemical Weapons Accord.<br />
Treaty on the Final Settlement with Respect<br />
to Germany<br />
The Four Powers renounce all rights they formerly held in Germany and<br />
Germany renounces all claims to territories east of the Oder–Neisse line.<br />
1991 Brioni Agreement Ends ten-day war in Slovenia.<br />
Abuja Treaty<br />
<strong>International</strong> agreement that creates the African Economic Community.<br />
Treaty of Asunción<br />
<strong>International</strong> treaty signed between Argentina, Brazil, Uruguay and<br />
Paraguay, served as the basis for the establishment of the Mercosur<br />
trading block.<br />
Extradition treaty<br />
Treaty on Extradition between Australia and the Republic of the Philippines.<br />
Signed in Manila on 7 March 1988, entered into force on 18 January 1991.<br />
Belavezha Accords<br />
Agreement which declared the Soviet Union effectively dissolved and<br />
established the Commonwealth of Independent States in its place.<br />
1992 Maastricht Treaty Establishes the European Union.<br />
United Nations Framework Convention on<br />
Climate Change<br />
Attempts to reduce emissions of greenhouse gas in order to combat global<br />
warming.<br />
Treaty on Open Skies<br />
Establishes an international program of unarmed aerial surveillance flights<br />
over all participants' territories.<br />
CIS Collective Security Treaty<br />
Armenia, Kazakhstan, Kyrgyzstan, Russia, Tajikistan and Uzbekistan<br />
establish framework for the Commonwealth of Independent States.<br />
Sochi agreement<br />
Georgian and South Ossetian forces signed a ceasefire to halt the<br />
contemperaneously recognized "civil war."<br />
1993 Oslo I Accord Between the Israeli government and the Palestine Liberation Organization.<br />
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Chemical Weapons Convention<br />
Outlaws the production, stockpiling and use of chemical weapons.<br />
1994 Israel–Jordan Treaty of Peace Normalizes relations between Israel and Jordan and resolves territorial<br />
disputes between them.<br />
North American Free Trade Agreement Free trade agreement between Canada, the United States of America, and<br />
Mexico.<br />
Kremlin accords<br />
Stops the preprogrammed aiming of nuclear missiles at targets in any<br />
nation and provides for the dismantling of Russian nuclear weapons in<br />
Ukraine.<br />
Bishkek Protocol<br />
Provisional ceasefire agreement between Armenia and Azerbaijan.<br />
United Nations Convention on the <strong>Law</strong> of the<br />
Sea<br />
Provides universal legal controls for the management of marine natural<br />
resources and the control of pollution.<br />
United Nations Convention to Combat Agreement to combat desertification and to mitigate the effects of drought;<br />
Desertification<br />
comes into force in 1996.<br />
Extradition treaty<br />
Extradition treaty between the government of the republic of the Philippines<br />
and the government of the United States of America. Signed at Manila on<br />
13 November 1994.<br />
Convention on Nuclear Safety<br />
States agree to general safety rules regarding civilian nuclear power plants<br />
and programmes.<br />
1995 Dayton Agreement Ends Bosnian War.<br />
General Agreement on Trade in Services Extends the multilateral trading system to provide services (i.e. tertiary<br />
sector of industry).<br />
1996 Comprehensive Nuclear-Test-Ban Treaty Forbids all nuclear explosions in all environments for military or civilian<br />
purposes.<br />
Khasavyurt Accord<br />
Ceasefire agreement that ends the First Chechen War.<br />
WIPO Copyright Treaty<br />
Provides additional protections for copyright deemed necessary due to<br />
advances in information technology.<br />
WIPO Performances and Phonograms Establishes rights and privileges for performers and producers of audiovisual<br />
Treaty<br />
works.<br />
1997 Amsterdam Treaty Substantially revises the Maastricht Treaty; comes into effect on May 1,<br />
1999.<br />
Ottawa Treaty<br />
Bans all anti-personnel landmines (AP-mines).<br />
Chemical Weapons Convention<br />
Outlaws the production, stockpiling and use of chemical weapons.<br />
Kyoto Protocol Mandates the reduction of greenhouse gas emissions; negotiated in 1997,<br />
ratified in 2004, and went into effect in 2005.<br />
Russian - Ukrainian Friendship Treaty Fixes the principle of strategic partnership, the recognition of the<br />
inviolability of existing borders, respect for territorial integrity and mutual<br />
commitment not to use its territory to harm the security of each other.<br />
Ratified in 1998 by Ukraine and in 1999 by Russia. Still in force.<br />
1998 Good Friday Agreement Major political development in the Northern Ireland peace process.<br />
POP Air Pollution Protocol<br />
Agreement to provide for the control and reduction of emissions of<br />
persistent organic pollutants; has not yet come into effect.<br />
Rome Statute of the <strong>International</strong><br />
Criminal Court<br />
Establishes the <strong>International</strong> Criminal Court.<br />
1999 Adapted Conventional Armed Forces in Replaces ceilings given to NATO and the Warsaw Pact with territorial ones.<br />
Europe Treaty<br />
East African Community Treaty<br />
Establishes the East African Community between Uganda, Kenya and the<br />
Republic of Tanzania; goes into effect on July 7, 2000.<br />
Kumanovo Agreement Concluded the Kosovo War; went into effect on June 9, 1999.<br />
Narrative Protocol on Eastern and Western<br />
Sections of the China-Russia Boundary<br />
between the Government of the People’s<br />
Republic of China and the Government of the<br />
Russian Federation<br />
China’s Jiang Zemin and Russia’s president, Boris Yeltsin, signed in Beijing<br />
on Dec 9th, 1999. The treaty formally recognized 1.6 million square<br />
kilometers of land occupied by Russia belongs to Russia, and gave Russia<br />
the exit point of the Tumen River, cutting off northeast China from the Sea<br />
of Japan<br />
2000–Current<br />
Year Name Summary<br />
2000 Cotonou Agreement Attempts to reduce poverty and integrate the ACP countries into the world economy;<br />
came into force in 2002.<br />
Patent <strong>Law</strong> Treaty<br />
Harmonizes formal procedures such as the requirements to obtain a filing date for a<br />
patent application, the form and content of a patent application, and representation.<br />
Treaty of Jeddah (2000)<br />
Resolves a border dispute between Saudi Arabia and Yemen that dates backs to Saudi<br />
boundary claims made in 1934.<br />
2001 Agreement on the Conservation<br />
of Albatrosses and Petrels<br />
Attempts to prevent the decline of seabird populations in the southern hemisphere,<br />
particularly albatrosses and procellariidae.<br />
Treaty of Nice<br />
Amends two founding treaties of the European Union.<br />
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Ohrid Agreement<br />
2001 Sino-Russian Treaty of<br />
Friendship<br />
Convention on Cybercrime<br />
2002 ASEAN Agreement on<br />
Transboundary Haze Pollution<br />
Gbadolite Agreement<br />
Pretoria Accord<br />
Ends the armed conflict between the Albanian National Liberation Army and<br />
Macedonia.<br />
Twenty-year strategic treaty between Russia and the People's Republic of China.<br />
Prohibits the use of computers or networks as tools for criminal activity.<br />
Between ASEAN nations to bring haze pollution under control in Southeast Asia.<br />
Attempts to cease hostilities between the warring factions in the Second Congo War;<br />
treaty has limited effect.<br />
Rwandan troops withdraw from the Democratic Republic of the Congo in exchange for<br />
international commitment towards the disarmament of the interahamwe and the ex-FAR<br />
fighters.<br />
Limits the nuclear arsenals of Russia and the United States.<br />
Strategic Offensive Reductions<br />
Treaty<br />
2003 ASEAN Free Trade Area Agreement by the Association of Southeast Asian Nations, of local manufacturing in all<br />
ASEAN countries.<br />
Treaty of Accession 2003 Integrates ten nations into the European Union; came into force on May 1, 2004.<br />
Accra Comprehensive Peace<br />
Agreement<br />
WHO Framework Convention on<br />
Tobacco Control<br />
2004 <strong>International</strong> Treaty on Plant<br />
Genetic Resources for Food and<br />
Agriculture<br />
2005 Comprehensive Peace<br />
Agreement<br />
Energy Community Treaty<br />
Treaty of Accession 2005<br />
Ended the Second Liberian Civil War on August 18, 2003.<br />
2006 Tripoli Agreement Ends Chadian-Sudanese conflict.<br />
Waziristan Accord<br />
Ends Waziristan War.<br />
St Andrews Agreement<br />
First public health treaty of the world; came into force on February 27, 2005. Its<br />
purpose is to "protect present and future generations from the devastating health,<br />
social, environmental and economic consequences of tobacco consumption and<br />
exposure to tobacco smoke."<br />
Assures farmers' facilitated access to seeds of the world's food security crops; came<br />
into force on June 29, 2004.<br />
Ended the Second Sudanese Civil War between the Government of Sudan and the<br />
Sudan People's Liberation Army; creates the Government of National Unity. Signed on<br />
January 9, 2005 and scheduled for full implementation by July 9, 2011.<br />
Establishes the Energy Community.<br />
Integrates two nations (Bulgaria and Romania) into the European Union; came into<br />
force on January 1, 2007.<br />
Resolves outstanding grievances in the Northern Ireland peace process, enabling<br />
devolved power-sharing government to resume.<br />
2007 Treaty of Lisbon Reforming the European Union.<br />
ASEAN Charter<br />
New constitution making the Association of Southeast Asian Nations a legal entity.<br />
2008 UNASUR Constitutive Treaty Treaty establishing the Union of South American Nations.<br />
2009 Extradition treaty Extradition Treaty between the Government of the United Kingdom of Great Britain and<br />
Northern Ireland and the Government of the Republic of the Philippines. Bilateral treaty<br />
signed in London on 18 September 2009.<br />
2010 Barents Sea border treaty Treaty signed 15 September in Murmansk between the Government of the Russian<br />
Federation and the Government of the Kingdom of Norway. This treaty ends decades<br />
of negotiations over the maritime border in the Barents Sea.<br />
Global Plan of Action to Combat<br />
Trafficking in Persons<br />
2011 Arctic Search and Rescue<br />
Agreement<br />
A human trafficking action plan adopted by the United Nations<br />
Treaty among the 8 member states of the Arctic Council signed 12 May 2011. It<br />
coordinates international search and rescue (SAR) coverage and response in the<br />
Arctic.<br />
Treaty of Accession 2011 Integrates Croatia into the European Union; came into force on July 1, 2013.<br />
2012 Framework Agreement on the<br />
Bangsamoro<br />
2013 Intergovernmental Agreement on<br />
Dry Ports<br />
Treaty between the Philippine government and the Islamic militant group, Moro Islamic<br />
Liberation Front. The treaty seeks to create a new autonomous political entity named<br />
Bangsamoro to replace the Autonomous Region in Muslim Mindanao.<br />
Treaty among the members of the member states of the United Nations Economic and<br />
Social Commission for Asia and the Pacific to facilitate cooperation in the development<br />
of a network of dry ports in Asia.<br />
2014 Convention on the Manipulation Council of Europe treaty to combat match fixing in sports<br />
of Sports Competitions<br />
Treaty on the Accession of Treaty signed between self-declared independent Republic of Crimea and Russia<br />
Crimea to Russia<br />
which is only recognised by a small number of countries<br />
Minsk Protocol<br />
Agreement between Ukraine, the Russian Federation, the Donetsk People's Republic<br />
(DPR), and the Lugansk People's Republic (LPR) to halt the war in the Donbass region<br />
of Ukraine<br />
2015 Minsk II Between Ukraine, Russia, France, and Germany.<br />
Paris Agreement<br />
Agreement dealing with greenhouse gas emissions mitigation<br />
2017 Treaty on the Prohibition of<br />
Nuclear Weapons<br />
The first legally binding international agreement to comprehensively prohibit nuclear<br />
weapons, with the goal of leading towards their total elimination.<br />
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Pending<br />
<br />
<br />
<br />
<br />
<br />
Central American Free Trade Agreement<br />
Free Trade Area of the Americas<br />
Substantive Patent <strong>Law</strong> Treaty (SPLT)<br />
WIPO Protection of Broadcasting Organizations<br />
Anti-Counterfeiting Trade Agreement<br />
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X. References<br />
1. https://en.wikipedia.org/wiki/<strong>International</strong>_law<br />
2. https://en.wikipedia.org/wiki/Comparative_law<br />
3. https://en.wikipedia.org/wiki/Comparative_criminal_justice<br />
4. https://en.wikipedia.org/wiki/World_<strong>Justice</strong>_Project#WJP_Rule_of_<strong>Law</strong>_Index_2015<br />
5. https://en.wikipedia.org/wiki/Category:<strong>International</strong>_nongovernmental_organizations<br />
6. https://en.wikipedia.org/wiki/<strong>International</strong>_criminal_law<br />
7. https://en.wikipedia.org/wiki/United_Nations<br />
8. https://en.wikipedia.org/wiki/<strong>International</strong>_Court_of_<strong>Justice</strong><br />
9. https://en.wikipedia.org/wiki/List_of_<strong>International</strong>_Court_of_<strong>Justice</strong>_cases<br />
10. https://en.wikipedia.org/wiki/Index_of_international_public_law_articles<br />
11. https://en.wikipedia.org/wiki/<strong>International</strong>_human_rights_law<br />
12. https://en.wikipedia.org/wiki/List_of_national_legal_systems<br />
13. https://en.wikipedia.org/wiki/List_of_treaties<br />
14. https://www.amun.org/uploads/Handbooks/RP_07_ch4.pdf<br />
15. https://www.ohchr.org/documents/publications/training9chapter1en.pdf<br />
16. http://unic-ir.org/Engaboutun.pdf<br />
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Notes<br />
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Page 168 of 198
Attachment A<br />
<strong>International</strong> Human Rights <strong>Law</strong><br />
and The Role of The Legal Professions<br />
Page 169 of 198
.........Chapter 1<br />
INTERNATIONAL<br />
HUMAN RIGHTS LAW AND<br />
THE ROLE OF THE LEGAL<br />
PROFESSIONS: A GENERAL<br />
INTRODUCTION ...................<br />
Learning Objectives<br />
To ensure that participants acquire a basic working knowledge of the origin, purpose<br />
and scope of international human rights law;<br />
To familiarize participants with the application of international human rights law at<br />
the domestic level and to begin to make them aware of the important role played by the<br />
legal professions in this respect.<br />
Questions<br />
Why did you want to join the course?<br />
What is a human right?<br />
Why are human rights important in general?<br />
Why are human rights important in the country where you are professionally active?<br />
How do you, as judges, prosecutors and/or lawyers, see your role as promoters and<br />
protectors of human rights in the exercise of your professional duties?<br />
What specific problems, if any, do you face with regard to the protection of human<br />
rights in the country/countries where you work?<br />
Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers 1
Chapter 1 • <strong>International</strong> Human Rights <strong>Law</strong> and the Role of the Legal Professions: A General Introduction<br />
1. Introduction<br />
In recent decades, international human rights law has had an ever-growing<br />
impact on domestic legal systems throughout the world, and thereby also on the daily<br />
work of domestic judges, prosecutors and lawyers. This evolving legal situation, the<br />
true dimensions of which could hardly have been foreseen half a century ago, requires<br />
each State concerned, and also the relevant legal professions, carefully to consider ways<br />
in which effective implementation of the State’s legal human rights obligations can best<br />
be secured. This may in many instances constitute a challenge to legal practitioners,<br />
owing to the conflicting requirements of different laws, lack of access to information,<br />
and the need for further training.<br />
The objective of the present Manual is therefore to convey a basic knowledge<br />
of, and skills in, the implementation of international human rights law to judges,<br />
prosecutors and lawyers – legal professions without which there can be no truly<br />
efficient protection of the rights of the individual at the domestic level. To this end, the<br />
present chapter will provide a general introductory survey of the basic notions of<br />
international human rights law, whilst the remaining fifteen chapters will contain more<br />
detailed information and analyses of human rights standards that are of particular<br />
relevance to the administration of justice.<br />
2. Origin, Meaning and Scope of<br />
<strong>International</strong> Human Rights <strong>Law</strong><br />
2.1 The Charter of the United Nations and the<br />
Universal Declaration of Human Rights<br />
Humanity’s yearning for respect, tolerance and equality goes a long way back<br />
in history, but the curious thing to note is that, although our societies have in many<br />
respects made great strides in the technological, political, social and economic fields,<br />
contemporary grievances remain very much the same as they were hundreds, even<br />
thousands of years ago.<br />
As to the protection of the rights and freedoms of the individual at the<br />
international level, work began in the nineteenth century to outlaw slavery and to<br />
improve the situation of the sick and wounded in times of war. 1 At the end of the First<br />
World War, several treaties were concluded with the allied or newly created States for<br />
the purpose of providing special protection for minorities. 2 At about the same time, in<br />
1919, the <strong>International</strong> Labour Organization (ILO) was founded for the purpose of<br />
improving the conditions of workers. Although the initial motivation of the ILO was<br />
humanitarian, there were also, inter alia, political reasons for its creation, it being feared<br />
1 A.H. Robertson, Human Rights in the World (Manchester, Manchester University Press, 1972), pp. 15-20.<br />
2 Ibid., pp. 20-22. On the history of human rights, see resource list in Handout No. 1 to Chapter 2 of the Manual.<br />
2 Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers
Chapter 1 • <strong>International</strong> Human Rights <strong>Law</strong> and the Role of the Legal Professions: A General Introduction<br />
that, unless the conditions of the ever-increasing number of workers were improved,<br />
the workers would create social unrest, even revolution, thereby also imperilling the<br />
peace and harmony of the world. 3<br />
Following the atrocities committed during the Second World War, the acute<br />
need to maintain peace and justice for humankind precipitated a search for ways of<br />
strengthening international cooperation, including cooperation aimed both at<br />
protecting the human person against the arbitrary exercise of State power and at<br />
improving standards of living. The foundations of a new international legal order based<br />
on certain fundamental purposes and principles were thus laid in San Francisco on 26<br />
June 1945 with the adoption of the Charter of the United Nations. In the Preamble to<br />
the Charter, faith is first reaffirmed “in fundamental human rights, in the dignity and<br />
worth of the human person, in the equal rights of men and women and of nations large<br />
and small”. Secondly, the Preamble also, inter alia, expresses the determination “to<br />
promote social progress and better standards of life in larger freedom”. Thirdly, one of<br />
the four purposes of the United Nations is, according to Article 1(3) of the Charter,<br />
“2. To achieve international co-operation in solving international<br />
problems of an economic, social, cultural, or humanitarian character, and<br />
in promoting and encouraging respect for human rights and for<br />
fundamental freedoms for all without distinction as to race, sex, language,<br />
or religion”.<br />
Other Charter provisions containing references to human rights are: Articles<br />
13(1)(b), 55(c), 62(2), 68, and 76(c). It is of particular significance to point out that,<br />
according to Articles 56 and 55(c) read in conjunction, United Nations Member States<br />
have a legal obligation “to take joint and separate action in co-operation with the<br />
Organization for the achievement of” “universal respect for, and observance of, human<br />
rights and fundamental freedoms for all without distinction as to race, sex, language, or<br />
religion”. This important legal duty conditions Member States’ participation<br />
throughout the United Nations human rights programme.<br />
With the adoption by the United Nations General Assembly of the Universal<br />
Declaration of Human Rights on 10 December 1948, the rather terse references to<br />
“human rights and fundamental freedoms” in the Charter acquired an authoritative<br />
interpretation. The Universal Declaration recognizes civil, cultural, economic, political<br />
and social rights, and, although it is not a legally binding document per se, since it was<br />
adopted by a resolution of the General Assembly, the principles contained therein are<br />
now considered to be legally binding on States either as customary international law,<br />
general principles of law, or as fundamental principles of humanity. In its dictum in the<br />
case concerning the hostages in Tehran, the <strong>International</strong> Court of <strong>Justice</strong> clearly<br />
invoked “the fundamental principles enunciated in the ... Declaration” as being legally<br />
binding on Iran in particular with regard to the wrongful deprivation of liberty and the<br />
imposition of “physical constraint in conditions of hardship”. 4<br />
3 For the history of the ILO, see the ILO web site: www.ilo.org/public/english/about/history.htm.<br />
4 See United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran), Judgment, ICJ Reports 1980, p. 42, para. 91.<br />
Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers 3
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The devastating experiences of the First and Second World Wars<br />
underscored the imperative need both to protect the human person against<br />
the arbitrary exercise of State power and to promote social progress and<br />
better living standards in larger freedom.<br />
2.2 The ethical dimension of human rights<br />
The very specificity of the concept of “human rights” is that they belong to<br />
the individual in his or her quality as a human being, who cannot be deprived of their<br />
substance in any circumstances; these rights are thus intrinsic to the human condition.<br />
The Universal Declaration of Human Rights, the <strong>International</strong> Covenant on Civil and<br />
Political Rights and the <strong>International</strong> Covenant on Economic, Social and Cultural<br />
Rights all give expression to this fundamental ethical basis in their first preambular<br />
paragraphs by recognizing “the inherent dignity and ... the equal and inalienable rights<br />
of all members of the human family”. Here, then, is an expression of the principle of<br />
universality of rights, including the right to equal protection before the law and by the<br />
law, which, as will be seen in Chapter 13, is a fundamental principle conditioning the<br />
entire field of international human rights law.<br />
As to the regional level, the second preambular paragraph to the American<br />
Convention on Human Rights also expressly recognizes “that the essential rights of<br />
man are not derived from one’s being a national of a certain State, but are based upon<br />
attributes of the human personality”. As stated by the Inter-American Court of Human<br />
Rights in its Advisory Opinion on Habeas Corpus in Emergency Situations, the rights<br />
protected by the Convention cannot, per se, be suspended even in emergency<br />
situations, because they are “inherent to man”. 5 It follows, in the view of the Court,<br />
that “what may only be suspended or limited” under the Convention is the “full and<br />
effective exercise” of the rights contained therein. 6 Finally, the African Charter on<br />
Human and Peoples’ Rights, in its fifth preambular paragraph, also recognizes “that<br />
fundamental human rights stem from the attributes of human beings, which justifies<br />
their national and international protection”.<br />
Consequently, human rights are owed by States to all individuals within their<br />
jurisdiction and in some situations also to groups of individuals. The principle of<br />
universal and inalienable rights of all human beings is thus solidly anchored in international<br />
human rights law.<br />
Human rights are inherent in all members of the human family.<br />
Human rights are thus universal and inalienable rights of all<br />
human beings.<br />
5 See I-A Court HR, Habeas Corpus in Emergency Situations (arts. 27(2), 25(1) and 7(6), Advisory Opinion OC-8/87 of January 30, 1987,<br />
Series A, No. 8, para. 18 at p. 37.<br />
6 Ibid., loc. cit.<br />
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Human beings cannot be deprived of the substance of their rights<br />
(inalienability). Only the exercise of some of these rights can be<br />
limited in certain circumstances.<br />
The fact that human rights originate in the unique nature of the<br />
human being means that they should be subjected to effective legal<br />
protection at the national and international levels.<br />
2.3 Human rights and their impact on national and<br />
international peace, security and development<br />
As already explained, it was the tragedies of the two World Wars that<br />
compelled the international community to create a world organization with the purpose<br />
of furthering peace and justice, inter alia by encouraging the promotion and protection<br />
of human rights and fundamental freedoms. The all-too-evident lesson to be drawn<br />
from the Second World War was that, when a State pursues a deliberate policy of<br />
denying persons within its territory their fundamental rights, not only is the internal<br />
security of that State in jeopardy, but in serious situations there is a spillover effect that<br />
imperils the peace and security of other States as well. This hard-won lesson has been<br />
confirmed on numerous occasions since in every part of the world. Effective<br />
protection of human rights promotes peace and stability at the national level not only<br />
by allowing people to enjoy their basic rights and freedoms, but also by providing a<br />
basic democratic, cultural, economic, political and social framework within which<br />
conflicts can be peacefully resolved. Effective protection of human rights is<br />
consequently also an essential precondition for peace and justice at the international level,<br />
since it has inbuilt safeguards that offer the population ways of easing social tension at the<br />
domestic level before it reaches such proportions as to create a threat on a wider scale.<br />
As a reading of, in particular, Article 1 of the Charter of the United Nations<br />
and the first preambular paragraphs of the Universal Declaration and the two<br />
<strong>International</strong> Covenants makes clear, the drafters were well aware of the essential fact<br />
that effective human rights protection at the municipal level is the foundation of justice,<br />
peace and social and economic development throughout the world.<br />
More recently, the link between, inter alia, the rule of law, effective human<br />
rights protection and economic progress has been emphasized by the Secretary-<br />
General of the United Nations in his Millennium Report, where he emphasized that<br />
“84. It is now widely accepted that economic success depends in<br />
considerable measure on the quality of governance a country enjoys. Good<br />
governance comprises the rule of law, effective State institutions,<br />
transparency and accountability in the management of public affairs,<br />
respect for human rights, and the participation of all citizens in the<br />
decisions that affect their lives. While there may be debates about the most<br />
appropriate forms they should take, there can be no disputing the<br />
importance of these principles”. 7<br />
7 UN doc. A/54/2000, We the Peoples: the Role of the United Nations in the Twenty-First Century, Report of the Secretary-General, para. 84.<br />
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Effective protection of human rights and fundamental freedoms is<br />
conducive to both domestic and international peace and security.<br />
Effective protection of human rights provides a basic democratic culture<br />
enabling conflicts to be resolved peacefully.<br />
Economic progress depends to a large extent on good governance and<br />
effective protection of human rights.<br />
2.4 The sources of law<br />
The third preambular paragraph of the Universal Declaration of Human<br />
Rights states that<br />
“... it is essential, if man is not to be compelled to have recourse, as a last<br />
resort, to rebellion against tyranny and oppression, that human rights<br />
should be protected by the rule of law” (emphasis added).<br />
This means that, in order to enable the human person fully to enjoy his or her<br />
rights, these rights must be effectively protected by domestic legal systems. The<br />
principle of the rule of law can thus also be described as an overarching principle in the<br />
field of human rights protection because, where it does not exist, respect for human<br />
rights becomes illusory. It is interesting in this respect to note that, according to article 3<br />
of the Statute of the Council of Europe, “every Member State ... must accept the<br />
principle of the rule of law”. This fundamental principle is thus legally binding on the 43<br />
Member States of the organization, a fact that has also influenced the case-law of the<br />
European Court of Human Rights. 8<br />
Consequently, judges, prosecutors and lawyers have a crucial role to fulfil in<br />
ensuring that human rights are effectively implemented at the domestic level. This<br />
responsibility requires the members of these legal professions to familiarize themselves<br />
adequately with both national and international human rights law. Whilst their access to<br />
domestic legal sources should pose no major problem, the situation is more complex at<br />
the international level, where there are several legal sources and a case-law rich in many<br />
respects.<br />
With some modification, the next section will follow the hierarchy of legal<br />
sources as they appear in article 38 of the Statute of the <strong>International</strong> Court of <strong>Justice</strong>.<br />
Although one might disagree with the classification of sources in this provision, it<br />
serves as a useful starting point. According to article 38(1) of the Statute, the sources<br />
are:<br />
8 Eur. Court HR, Golder case, Judgment of 21 February 1975, Series A, No. 18, para. 34 at p. 17. The Court stated that one “reason<br />
why the signatory Governments decided to ‘take the first steps for the collective enforcement of certain of the Rights stated in the<br />
Universal Declaration’ was their profound belief in the rule of law”; it therefore seemed “both natural and in conformity with the<br />
principle of good faith ... to bear in mind this widely proclaimed consideration when interpreting the terms of” article 6(1) of the<br />
European Convention “according to their context and in the light of the object and purpose of the Convention”. Referring<br />
moreover to the references to the rule of law contained in the Statute of the Council of Europe, the Court concluded that “in civil<br />
matters one can scarcely conceive of the rule of law without there being a possibility of having access to the courts”. The Council<br />
of Europe had 43 Member States as of 22 April 2002.<br />
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“international conventions”;<br />
“international custom, as evidence of a general practice accepted as law”;<br />
“general principles of law recognized by” the community of nations; 9<br />
“judicial decisions and the teachings of the most highly qualified publicists ... as<br />
subsidiary means for the determination of rules of law”.<br />
Without seeking to be exhaustive, the next section will set forth the essential<br />
characteristics of the main sources of international human rights law. However, it<br />
should be noted at the outset that in international human rights law, judicial decisions,<br />
and also quasi-judicial decisions and general comments adopted by monitoring organs,<br />
take on special relevance in understanding the extent of the legal obligations of States.<br />
Human rights must be effectively protected by domestic legal systems.<br />
Judges, prosecutors and lawyers have a crucial role to fulfil in ensuring<br />
that human rights are effectively protected at the domestic level.<br />
The principal sources of international law are international<br />
conventions, international customary law, and general<br />
principles of law.<br />
2.4.1 <strong>International</strong> treaties<br />
In the human rights field, the most important tool for judges, prosecutors and<br />
lawyers to consult, apart from existing domestic law, is no doubt the treaty obligations<br />
incumbent on the State within whose jurisdiction they are working. A “treaty” is<br />
generally a legally binding, written agreement concluded between States, 10 but can also be an<br />
agreement between, for instance, the United Nations and a State for specific purposes.<br />
Treaties may go by different names, such as convention, covenant, protocol, orpact, but the<br />
legal effects thereof are the same. At the international level, a State establishes its<br />
consent to be bound by a treaty principally through ratification, acceptance, approval, or<br />
accession; 11 only exceptionally is the consent to be bound expressed by signature. 12<br />
However, the function of signature of a treaty is often that of authenticating the text,<br />
and it creates an obligation on the State concerned “to refrain from acts which would<br />
defeat the object and purpose” of the treaty, at least until the moment it has “made its<br />
intention clear not to become a party” thereto. 13<br />
Once a treaty has entered into force and is binding upon the States parties,<br />
these must perform the treaty obligations “in good faith” (pacta sunt servanda). 14 This<br />
implies, inter alia, that a State cannot avoid responsibility under international law by<br />
invoking the provisions of its internal laws to justify its failure to perform its<br />
international legal obligations. Moreover, in international human rights law, State<br />
9 Article 38(1)(c) archaically refers to “civilized nations”.<br />
10 Article 2(1)(a) of the Vienna Convention on the <strong>Law</strong> of Treaties.<br />
11 Ibid., article 2(1)(b).<br />
12 Ibid., article 12.<br />
13 Ibid., article 18(a).<br />
14 Ibid., article 26.<br />
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responsibility is strict in that States are responsible for violations of their treaty<br />
obligations even where they were not intentional.<br />
Human rights treaties are law-making treaties of an objective nature in that<br />
they create general norms that are the same for all States parties. These norms have to<br />
be applied by a State party irrespective of the state of implementation by other States<br />
parties. The traditional principle of reciprocity does not, in other words, apply to human<br />
rights treaties. 15<br />
The fact that human rights treaties have been concluded for the purpose of<br />
ensuring effective protection of the rights of the individual takes on particular<br />
importance in the course of the interpretative process. In explaining the meaning of the<br />
provisions of a human rights treaty, it is therefore essential for judges to adopt a<br />
teleological and holistic interpretative approach by searching for an interpretation<br />
that respects the rights and interests of the individual and is also logical in the context of<br />
the treaty as a whole.<br />
Examples of law-making treaties in the human rights field are the two<br />
<strong>International</strong> Covenants on Civil and Political and on Economic, Social and Cultural<br />
Rights, which will be considered in further detail below. Suffice it to mention in this<br />
regard that the Committees created under the terms of each treaty to monitor its<br />
implementation have by now adopted many views and comments which provide<br />
valuable interpretative guidance to both national and international lawyers.<br />
Obligations incurred by States under international treaties must be<br />
performed in good faith.<br />
In international human rights law State responsibility is strict in that<br />
States are responsible for violations of their treaty obligations even where<br />
they were not intentional.<br />
A human rights treaty must be interpreted on the basis of a teleological<br />
and holistic approach by searching for an interpretation that respects the<br />
rights and interests of the individual and is also logical in the context of<br />
the treaty as a whole.<br />
2.4.2 <strong>International</strong> customary law<br />
To follow the hierarchy of legal sources in article 38(1) of the Statute of the<br />
<strong>International</strong> Court of <strong>Justice</strong>, judges can in the second place apply “international<br />
custom, as evidence of a general practice accepted as law”. <strong>International</strong> customary<br />
legal obligations binding upon States are thus created when there is evidence of both<br />
acts amounting to a “settled practice” of States; and<br />
a “belief that this practice is rendered obligatory by the existence of a rule of law<br />
requiring it” (opinio juris). 16<br />
15 Eur. Comm. HR, Application No. 788/60, Austria v. Italy, decision of 11 January 1961 on the admissibility, 4 Yearbook of the European<br />
Convention on Human Rights, p. 140.<br />
16 North Sea Continental Shelf cases, Judgment, ICJ Reports 1969, p. 44, para. 77.<br />
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The judge will thus have to assess the existence of one objective element<br />
consisting of the general practice, and one subjective element, namely, that there is a<br />
belief among States as to the legally binding nature of this practice. 17<br />
With regard to the question of practice, it follows from the ruling of the<br />
<strong>International</strong> Court of <strong>Justice</strong> in the North Sea Continental Shelf cases that, at least with<br />
regard to “the formation of a new rule of customary international law on the basis of<br />
what was originally a purely conventional rule”, the passage of time can be relatively<br />
short, although<br />
“an indispensable requirement would be that within the period in question,<br />
short though it might be, State practice, including that of States whose<br />
interests are specially affected, should have been both extensive and<br />
virtually uniform in the sense of the provision invoked; – and should<br />
moreover have occurred in such a way as to show a general recognition<br />
that a rule of law or legal obligation is involved”. 18<br />
In the subsequent case of Nicaragua v. the United States of America, the<br />
<strong>International</strong> Court of <strong>Justice</strong> appears however to have somewhat softened this rather<br />
strict interpretation of the objective element of State practice, whilst at the same time<br />
placing a correspondingly greater emphasis on the opinio juris in the creation of custom.<br />
In its reasoning, which related to the use of force, the Court held, in particular:<br />
“186. It is not to be expected that in the practice of States the application of<br />
the rules in question should have been perfect, in the sense that States<br />
should have refrained, with complete consistency, from the use of force or<br />
from intervention in each other’s internal affairs. The Court does not<br />
consider that, for a rule to be established as customary, the corresponding<br />
practice must be in absolutely rigorous conformity with the rule. In order<br />
to deduce the existence of customary rules, the Court deems it sufficient<br />
that the conduct of States should, in general, be consistent with such rules,<br />
and that instances of State conduct inconsistent with a given rule should<br />
generally have been treated as breaches of that rule, not as indications of<br />
the recognition of a new rule. If a State acts in a way prima facie<br />
incompatible with a recognized rule, but defends its conduct by appealing<br />
to exceptions or justifications contained within the rule itself, then whether<br />
or not the State’s conduct is in fact justifiable on that basis, the significance<br />
of that attitude is to confirm rather than to weaken the rule”. 19<br />
The question now arises as to what legal principles for the protection of the<br />
human person might have been considered to form part of customary international law<br />
by the <strong>International</strong> Court of <strong>Justice</strong>.<br />
In its Advisory Opinion of 1951 on Reservations to the Convention on Genocide, the<br />
Court importantly held that “the principles underlying the Convention are principles<br />
which are recognized ... as binding on States, even without any conventional<br />
obligation”. 20 Furthermore, it followed from the Preamble to the Convention that it<br />
17 Ibid., loc. cit.<br />
18 Ibid., p. 43, para. 74.<br />
19 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, ICJ Reports 1986,<br />
p. 98, para. 186.<br />
20 Reservations to the Convention on Genocide, Advisory Opinion, ICJ Reports 1951, p.23.<br />
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was of “universal character” both with regard to “the condemnation of genocide and ...<br />
the co-operation required ‘in order to liberate mankind from such an odious<br />
scourge’”. 21 Finally, the Court noted that the Convention had been approved by a<br />
resolution which was unanimously adopted by the States. 22 It is thus beyond doubt that<br />
in 1951 the crime of genocide was already part of customary international law, applicable to<br />
all States.<br />
Later, in the Barcelona Traction case, the <strong>International</strong> Court of <strong>Justice</strong><br />
significantly made “an essential distinction” between “the obligations of a State<br />
towards the international community as a whole, and those arising vis-à-vis another<br />
State in the field of diplomatic protection”. 23 It added that by “their very nature the<br />
former are the concern of all States”, and, in “view of the importance of the rights<br />
involved, all States can be held to have a legal interest in their protection; they are<br />
obligations erga omnes”. 24 In the view of the Court, such “obligations derive, for<br />
example, in contemporary international law, from the outlawing of acts of aggression,<br />
and of genocide, as also from the principles and rules concerning the basic rights of the<br />
human person, including protection from slavery and racial discrimination”. 25 It added<br />
that whilst some “of the corresponding rights of protection have entered into the body<br />
of general international law ... ; others are conferred by international instruments of a<br />
universal or quasi-universal character”. 26<br />
Finally, and as already noted above, in its dictum in the hostages in Tehran case,<br />
the Court stated that:<br />
“Wrongfully to deprive human beings of their freedom and to subject<br />
them to physical constraint in conditions of hardship is in itself manifestly<br />
incompatible with the principles of the Charter of the United Nations, as<br />
well as with the fundamental principles enunciated in the Universal<br />
Declaration of Human Rights”. 27<br />
It is thus beyond doubt that basic human rights obligations form part of<br />
customary international law. Whilst the <strong>International</strong> Court of <strong>Justice</strong> has expressly<br />
mentioned the crimes of genocide and aggression, as well as the prohibition of racial<br />
discrimination, slavery, arbitrary detention and physical hardship as forming part of a<br />
universally binding corpus of law, it has not limited the scope of the law to these<br />
elements.<br />
General Assembly resolutions: It may not be an easy task to identify international<br />
custom, but resolutions adopted by the United Nations General Assembly can in<br />
certain circumstances be regarded as having legal value, albeit not legally binding per<br />
se. This is, for instance, the case with the Universal Declaration of Human Rights.<br />
Thus, although not a source of law in the strict sense, they can provide evidence of<br />
customary law. However, this will to a large extent depend on their contents, such as<br />
21 Ibid., loc. cit.<br />
22 Ibid.<br />
23 Barcelona Traction, Light and Power Company, Limited, Judgment, ICJ Reports 1970, p. 32, para. 33.<br />
24 Ibid., loc. cit.<br />
25 Ibid., p. 32, para. 34.<br />
26 Ibid., loc. cit.<br />
27 ICJ Reports 1980, p. 42, para. 91.<br />
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the degree of precision of the norms and undertakings defined therein, and the means foreseen for the<br />
control of their application; it will also depend on the number of countries having voted in favour<br />
thereof, and the circumstances of their adoption. 28 A particularly relevant question in this<br />
respect would be whether the resolution concerned has been adopted in isolation or whether it<br />
forms part of a series of resolutions on the same subject with a consistent and universal content.<br />
Peremptory norms (jus cogens): It should finally be noted that some legal norms,<br />
such as the prohibition of slavery, may be considered to be so fundamental that they<br />
are called peremptory norms of international law. According to article 53 of the Vienna<br />
Convention on the <strong>Law</strong> of Treaties, a treaty is simply “void if, at the time of its<br />
conclusion, it conflicts with a peremptory norm of international law”. According to<br />
the same article, such a norm is described as “a norm from which no derogation is<br />
permitted and which can be modified only by a subsequent norm of general<br />
international law having the same character”. However, whenever the notion of<br />
peremptory norm is being discussed, disputes arise as to its exact contents, and<br />
consequently it will not be further dealt with in this Manual.<br />
2.4.3 General principles of law recognized by the community<br />
of nations<br />
This third source of law cited by the Statute of the <strong>International</strong> Court of<br />
<strong>Justice</strong> helps ensure that, in cases where international treaties and customary law might<br />
provide an insufficient basis for the Court to take a decision, it will be able to draw on<br />
other resources.<br />
A general principle of law, as a source of international human rights law, is a<br />
legal proposition so fundamental that it can be found in all major legal systems<br />
throughout the world. If there is evidence that, in their domestic law, States adhere to a<br />
particular legal principle which provides for a human right or which is essential to the<br />
protection thereof, then this illustrates the existence of a legally binding principle under<br />
international human rights law. Judges and lawyers can thus look to other legal systems<br />
to determine whether a particular human rights principle is so often accepted that it can<br />
be considered to have become a general principle of international law. Domestic law<br />
analogies have thus, for instance, been used in the field of principles governing the<br />
judicial process, such as the question of evidence. 29<br />
2.4.4 Subsidiary means for the determination of rules of law<br />
As subsidiary means for the determination of rules of law, article 38 of the<br />
Statute mentions “judicial decisions and the teachings of the most highly qualified<br />
publicists”. As previously mentioned, in the human rights field, judicial decisions are<br />
particularly important for a full understanding of the law, and the wealth of<br />
international case-law that now exists in this field must be regarded as authoritative<br />
evidence of the state of the law. However, neither the <strong>International</strong> Court of <strong>Justice</strong> nor<br />
28 For some of these elements, see e.g. Les résolutions dans la formation du droit international du développement, Colloque des 20 et 21<br />
novembre 1970, L’Institut universitaire de hautes études internationales, Genève, 1971 (Études et travaux, No. 13), pp. 9, 30-31<br />
(intervention by Professor Virally).<br />
29 Ian Brownlie, Principles of Public <strong>International</strong> <strong>Law</strong> (Oxford, Clarendon Press, 1979), 3rd edn., 1979, p. 18.<br />
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the international monitoring organs in the human rights field are obliged to follow<br />
previous judicial decisions. 30 Although this is usually done, it is particularly important<br />
for the monitoring organs in the human rights field to retain the flexibility required to<br />
adjust earlier decisions to ever-changing social needs, which, at the international level,<br />
cannot easily be met through legislation. 31 Suffice it to add in this context that the<br />
reference to “judicial decisions” can also mean judicial decisions taken by domestic<br />
courts, and that the higher the court, the greater weight the decision will have.<br />
However, when international monitoring organs interpret human rights law, they are<br />
likely to do so independently of domestic laws.<br />
As to “the teachings of the most highly qualified publicists”, it must be<br />
remembered that article 38 was drafted at a time when international jurisprudence on<br />
human rights law was non-existent. Whilst the interpretation and application of this law<br />
must principally be based on the legal texts and relevant case-law, writings of “the most<br />
highly qualified publicists” can of course in some situations contribute to an improved<br />
understanding of the law and its practical implementation. Yet it is advisable to exercise<br />
considerable care before relying on legal articles and principles and comments adopted<br />
by private bodies outside the framework of the officially established treaty organs, since<br />
they may not in all respects correctly reflect the status of the law to be interpreted and<br />
applied.<br />
2.5 <strong>International</strong> human rights law and international<br />
humanitarian law: common concerns and basic<br />
differences<br />
Although this Manual is aimed at conveying knowledge and skills in human<br />
rights law, rather than in international humanitarian law, it is important to say a few<br />
words about the relationship between these two closely linked fields of law.<br />
Whilst both human rights law and international humanitarian law are aimed at<br />
protecting the individual, international human rights law provides non-discriminatory<br />
treatment to everybody at all times, whether in peacetime or in times of war or<br />
other upheaval. <strong>International</strong> humanitarian law, on the other hand, is aimed at<br />
ensuring a minimum of protection to victims of armed conflicts, such as the sick,<br />
injured, shipwrecked and prisoners of war, by outlawing excessive human suffering<br />
and material destruction in the light of military necessity. 32 Although the 1949<br />
Geneva Conventions and the two Protocols Additional thereto adopted in 1977<br />
guarantee certain fundamental rights to the individual in the specifically defined<br />
situations of international and internal armed conflicts, neither the personal, temporal<br />
nor material fields of applicability of international humanitarian law are as wide as<br />
30 As to the <strong>International</strong> Court of <strong>Justice</strong>, see article 59 of the Statute.<br />
31 See e.g. the case in which the European Commission of Human Rights reversed its own earlier decision according to which<br />
a legal person, such as a church, could not bring a case under article 9(1) of the European Convention on Human Rights claiming<br />
a violation of “the right to freedom of thought, conscience and religion”, Eur. Comm. HR, Application No. 7805/77, X. and Church<br />
of Scientology v. Sweden, decision of 5 May 1979 on the admissibility of the application, 16 DR, p.70.<br />
32 Seguridad del Estado, Derecho Humanitario y Derechos Humanos, Informe Final, San José, Costa Rica, Comité Internacional de la<br />
Cruz Roja/Instituto Interamericano de Derechos Humanos, 1984, p. 7.<br />
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those afforded by international human rights law. 33 In that sense, humanitarian law is<br />
also less egalitarian in nature, although the principle of non-discrimination is<br />
guaranteed with regard to the enjoyment of the rights afforded by this law. 34<br />
What it is of primordial importance to stress at this stage is that, in<br />
international and non-international armed conflicts, international human rights law and<br />
humanitarian law will apply simultaneously. As to the modifications to the<br />
implementation of human rights guarantees that might be authorized in what is<br />
generally called public emergencies threatening the life of the nation, these will be briefly referred<br />
to in section 2.8 below and in more detail in Chapter 16.<br />
<strong>International</strong> human rights law is applicable at all times, that is, both in<br />
times of peace and in times of turmoil, including armed conflicts, whether<br />
of an internal or international character.<br />
This means that there will be situations when international human rights<br />
law and international humanitarian law will be applicable<br />
simultaneously.<br />
2.6 Reservations and interpretative declarations to<br />
international human rights treaties<br />
In assessing the exact extent of a given State’s legal obligations under a human<br />
rights treaty, it is necessary to ascertain whether the State has made a reservation, or,<br />
possibly, an interpretative declaration at the time of ratification or accession. The major<br />
human rights treaties dealt with in this Manual allow for reservations to be made,<br />
although they have somewhat different ways of regulating the subject. In deciding<br />
whether a State party has actually made a true reservation, rather than a mere<br />
declaration as to its own understanding of the interpretation of a provision or a<br />
statement of policy, the Human Rights Committee set up to monitor the<br />
implementation of the <strong>International</strong> Covenant on Civil and Political Rights has stated,<br />
in its General Comment No. 24, that it will have regard “to the intention of the State,<br />
rather than the form of the instrument”. 35 Whilst this Covenant contains no specific<br />
article regulating the question of reservations, the Human Rights Committee has stated<br />
that the “absence of a prohibition on reservations does not mean that any reservation is<br />
permitted”, but that the matter “is governed by international law”. 36 Basing itself on<br />
article 19(3) of the Vienna Convention on the <strong>Law</strong> of Treaties, the Committee stated<br />
33 J. Patrnogic and B. Jakovljevic, <strong>International</strong> Humanitarian <strong>Law</strong> in the Contemporary World, Sanremo, Italy, <strong>International</strong> Institute<br />
of Humanitarian <strong>Law</strong> (Collection of Publications 10), 1991, p. 28.<br />
34 See e.g. article 3 common to the Four Geneva Conventions of 12 August 1949; article 75 of Protocol Additional to the<br />
Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of <strong>International</strong> Armed Conflicts (Protocol I);<br />
and article 2(1) of Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims<br />
of Non-<strong>International</strong> Armed Conflicts (Protocol II).<br />
35 See General Comment No. 24, in UN doc. HRI/GEN/1/Rev.5, Compilation of General Comments and General Recommendations<br />
Adopted by Human Rights Treaty Bodies (hereinafter referred to as United Nations Compilation of General Comments), p. 150, para. 3;<br />
emphasis added.<br />
36 Ibid., p. 151, para. 6.<br />
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that “the matter of interpretation and acceptability of reservations” is governed by the<br />
“object and purpose test”. 37 This means, for instance, that reservations “must be<br />
specific and transparent, so that the Committee, those under the jurisdiction of the<br />
reserving State and other States parties may be clear as to what obligations of human<br />
rights compliance have or have not been undertaken”; similarly a resolution must “not<br />
be general, but must refer to a particular provision of the Covenant and indicate in<br />
precise terms its scope in relation thereto”. 38<br />
The American Convention on Human Rights expressly stipulates in its article<br />
75, that it “shall be subject to reservations only in conformity with the provisions of the<br />
Vienna Convention on the <strong>Law</strong> of Treaties”. In its Advisory Opinion on The Effect of<br />
Reservations, the Inter-American Court of Human Rights stated that article 75 “makes<br />
sense” only if understood as enabling “States to make whatever reservations they deem<br />
appropriate”, provided that they “are not incompatible with the object and purpose of<br />
the treaty”. 39 In its Advisory Opinion on Restrictions to the Death Penalty it further noted<br />
with regard to the rights that cannot be suspended in any circumstances under article<br />
27(2) of the Convention that it “would follow therefrom that a reservation which was<br />
designed to enable a State to suspend any of the non-derogable fundamental rights<br />
must be deemed to be incompatible with the object and purpose of the Convention<br />
and, consequently, not permitted by it”. 40 The Court accepted, however, that the<br />
“situation would be different if the reservation sought merely to restrict certain aspects<br />
of a non-derogable right without depriving the right as a whole of its basic purpose”. 41<br />
Like the <strong>International</strong> Covenant on Civil and Political Rights, the African<br />
Charter on Human and Peoples’ Rights is silent on the question of reservations.<br />
However, article 64 of the European Convention on Human Rights expressly outlaws<br />
reservations of “a general character”, whilst permitting reservations “in respect of any<br />
particular provision of the Convention to the extent that any law” in force in the<br />
territory of the State at the time of signature or ratification “is not in conformity with<br />
the provision” concerned.<br />
In interpreting and applying international treaties, domestic judges,<br />
prosecutors and lawyers may thus also have to consider the relevant State’s legal<br />
obligations in the light of reservations or interpretative declarations.<br />
The scope of a State’s legal obligations under an international human<br />
rights treaty may have to be considered in the light of any existing<br />
reservations or interpretative declarations.<br />
37 Ibid., loc. cit.<br />
38 Ibid., p. 155, para. 19.<br />
39 I-A Court HR, The Effect of Reservations on the Entry Into Force of the American Convention on Human Rights (Arts. 74 and 75),<br />
Advisory Opinion OC-2/82 of September 24, 1982, Series A, No.2, p. 18, para. 35.<br />
40 I-A Court HR, Restrictions to the Death Penalty (Arts. 4(2) and 4(4) American Convention on Human Rights), Advisory Opinion<br />
OC-3/83 of September 8, 1983, Series A, No. 3, p. 83, para. 61.<br />
41 Ibid., at p. 84.<br />
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Under the <strong>International</strong> Covenant on Civil and Political Rights and<br />
the American Convention on Human Rights, reservations must be<br />
compatible with the object and purpose of the treaty.<br />
The European Convention on Human Rights forbids reservations of a<br />
general character. Reservations must relate to a specific provision of the<br />
Convention.<br />
2.7 Limitations on the exercise of rights<br />
The exercise – albeit not the substance per se – of certain rights, such as the<br />
right to freedom of expression, the right to freedom of association and assembly, the<br />
right to freedom of movement and the right to respect for one’s private and family life<br />
and correspondence, is generally accompanied by certain limitations that can be<br />
imposed, for instance, in order to protect the rights and freedoms of others, national<br />
security, and public health or morals. 42 These limitations are the result of carefully<br />
weighed interests. What they show is the balance struck between, on the one hand,<br />
individuals’ interest in maximizing the enjoyment of the right that belongs to them,<br />
and, on the other hand, the interest of society in general, that is, the general interest,in<br />
imposing certain restrictions on the exercise of this right, provided that they are taken<br />
in accordance with the law and are necessary in a democratic society for certain<br />
specific legitimate purposes. In interpreting and applying these limitations in any<br />
given case, it will therefore be necessary to make a careful examination of the<br />
proportionality of the restrictive measure or measures concerned both in general<br />
and as applied in the individual case. Chapter 12 of this Manual provides numerous<br />
examples of how these limitations have been applied in specific cases.<br />
Limitations on the exercise of human rights are the result of a careful<br />
balance between the individual’s interest and the general interest, and<br />
must, in order to be lawful:<br />
be defined by law;<br />
be imposed for one or more specific legitimate purposes;<br />
be necessary for one or more of these purposes in a democratic society<br />
(proportionality).<br />
In order to be necessary the limitation, both in general and as applied in<br />
the individual case, must respond to a clearly established social need. It is<br />
not sufficient that the limitation is desirable or simply does not harm the<br />
functioning of the democratic constitutional order.<br />
42 See e.g. articles 12(3), 13, 18(3), 19(3), 21, 22(2) of the <strong>International</strong> Covenant on Civil and Political Rights; articles 11 and<br />
12(2) of the African Charter on Human and Peoples’ Rights; articles 11(2), 12(3), 13(2), 15 and 16(2) of the American Convention<br />
on Human Rights; and articles 8(2)-11(2) of the European Convention on Human Rights.<br />
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2.8 Derogations from international legal obligations<br />
In interpreting and applying the terms of the three main general human rights<br />
treaties in particularly severe crisis situations when the life of the nation is imperilled, domestic<br />
judges, prosecutors and lawyers will also have to consider the possibility that the State<br />
concerned has modified the extent of its international legal obligations by resorting to<br />
temporary derogations. The question of the administration of criminal justice during<br />
states of exception will be dealt with in Chapter 16, and it will therefore suffice in this<br />
context to point out that the <strong>International</strong> Covenant on Civil and Political Rights (art.<br />
4), the American Convention on Human Rights (art. 27) and the European Convention<br />
on Human Rights (art. 15) all provide for the possibility for the States parties to resort<br />
to derogations in particularly serious emergency situations. However, the African<br />
Charter on Human and Peoples’ Rights has no corresponding emergency provision,<br />
and the absence thereof is seen by the African Commission on Human and Peoples’<br />
Rights “as an expression of the principle that the restriction of human rights is not a<br />
solution to national difficulties”, and that “the legitimate exercise of human rights does<br />
not pose dangers to a democratic State governed by the rule of law”. 43<br />
In the treaties where it exists, the right to derogate is subjected to strict<br />
formal and substantive requirements, and was never intended to provide<br />
Governments with unlimited powers to avoid their treaty obligations. In particular, a<br />
qualified principle of proportionality applies in that, according to all the<br />
aforementioned treaties, the limitations resorted to must be “strictly required by the<br />
exigencies of the situation”. It is noteworthy, furthermore, that some rights, such as the<br />
right to life and the right to freedom from torture, may not in any circumstances be<br />
derogated from, and that the list of non-derogable rights found in the second<br />
paragraphs of the aforesaid articles is not exhaustive. In other words, one cannot argue a<br />
contrario that, because a right is not expressly listed as non-derogable, the States parties<br />
can proceed to extraordinary limitations on its enjoyment.<br />
Since the derogation articles provide for extraordinary limitations on the<br />
exercise of human rights, judges, both national and international, have to be conscious<br />
of their obligation to interpret these articles by construing them strictly so that<br />
individuals’ rights are not sapped of their substance. By at all times maximizing the<br />
enjoyment of human rights, States are more likely than not to overcome their crisis<br />
situations in a positive, constructive and sustainable manner.<br />
Under the <strong>International</strong> Covenant on Civil and Political Rights and the<br />
American and European Conventions on Human Rights, States parties<br />
have the right in certain particularly difficult situations to derogate from<br />
some of their legal obligations.<br />
The right to derogate is subjected to strict formal and substantive legal<br />
requirements.<br />
43 See undated decision: ACHPR, Cases of Amnesty <strong>International</strong>, Comité Loosli Bachelard, <strong>Law</strong>yers Committee for Human Rights,<br />
Association of Members of the Episcopal Conference of East Africa v. Sudan, No. 48/90, 50/91, 52/91 and 89/93, para. 79; the text used is<br />
that found at the following web site: http://www1.umn.edu/humanrts/africa/comcases/48-90_50-91_52-91_89-93.html.<br />
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Some fundamental rights may never in any circumstances be derogated<br />
from.<br />
The right to derogate must be construed so as not to sap the individual<br />
rights of their substance.<br />
Derogations are not permitted under the African Charter on Human<br />
and Peoples’ Rights.<br />
2.9 <strong>International</strong> State responsibility for human rights<br />
violations<br />
Under international law, States will incur responsibility for not complying<br />
with their legal obligations to respect and ensure, that is, to guarantee, the effective<br />
enjoyment of the human rights recognized either in a treaty binding on the State<br />
concerned or in any other source of law. As explained by the Inter-American Court of<br />
Human Rights in the Velásquez case, an “impairment of those rights which can be<br />
attributed under the rules of international law to the action or omission of any public<br />
authority constitutes an act imputable to the State, which assumes responsibility in the<br />
terms provided by” the legal source concerned. 44 Whilst the Court was in this Judgment<br />
explaining the meaning of article 1(1) of the American Convention on Human Rights, it<br />
indeed merely stated a general rule of law applicable to international human rights law<br />
as a whole.<br />
Agents for whom a State is responsible include such groups and individuals as<br />
ministerial civil servants, judges, police officers, prison officials, customs officials,<br />
teachers, government-controlled business and other similar groups. This means that<br />
States are under an obligation to prevent, investigate, punish, and, whenever<br />
possible, restore rights that have been violated and/or to provide compensation. 45<br />
<strong>International</strong> human rights law also sometimes has an important third-party<br />
effect in that States may be responsible for not having taken reasonable action to<br />
prevent private individuals or groups from carrying out acts that violate human<br />
rights, or to provide adequate protection against such violations under domestic<br />
law. 46 As held by the European Court of Human Rights with regard to the right to<br />
respect for one’s private and family life in article 8 of the European Convention on<br />
Human Rights, for instance, this provision<br />
44 I-A Court HR, Velásquez Rodríguez case, Judgment of July 29, 1988, Series C, No. 4, p. 151, para. 164.<br />
45 See e.g. ibid., p. 152, para. 166. As to obligations to provide effective protection of the right to life under article 6 of the<br />
<strong>International</strong> Covenant on Civil and Political Rights, see e.g. General Comment No. 6, in United Nations Compilation of General<br />
Comments, pp. 114-116.<br />
46 See as to the American Convention on Human Rights, I-A Court HR, Velásquez Rodríguez Case, Judgment of July 29, 1988,<br />
Series C, No. 4, pp. 155-156, paras. 176-177; and as to the <strong>International</strong> Covenant on Civil and Political Rights, UN doc. GAOR,<br />
A/47/40, Report HRC, p. 201, para. 2. At the European level, see e.g. Eur. Court HR, Case of A. v. the United Kingdom,Judgment of<br />
23 September 1998, Reports 1998-VI, at p. 2692 et seq.<br />
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“is essentially that of protecting the individual against arbitrary interference<br />
by the public authorities, it does not merely compel the State to abstain<br />
from such interference: in addition to this primarily negative undertaking,<br />
there may be positive obligations inherent in an effective respect for<br />
private or family life (...). These obligations may involve the adoption of<br />
measures designed to secure respect for private life even in the sphere of<br />
the relations of individuals between themselves.” 47<br />
The States parties to the European Convention will thus have to provide<br />
“practical and effective protection” in their domestic law “where fundamental values<br />
and essential aspects of private life are at stake”, such as, for instance, in order to<br />
protect persons against sexual abuse, 48 or in cases of corporal punishment by family<br />
members that constitutes a violation of article 3 of the Convention. 49<br />
With regard to the duty to secure for everyone within its jurisdiction the right<br />
to life, the European Court has held that it “involves a primary duty” to put “in place<br />
effective criminal-law provisions to deter the commission of offences against the<br />
person backed up by law-enforcement machinery for the prevention, suppression and<br />
punishment of such provisions”, and, further, that this duty<br />
“also extends in appropriate circumstances to a positive obligation on the<br />
authorities to take preventive operational measures to protect an individual<br />
or individuals whose life is at risk from the criminal acts of another<br />
individual(...)”. 50<br />
These rulings are significant in that they extend the scope of States’<br />
international legal obligations beyond the strict public sphere into the field of private<br />
life, thereby allowing for a more adequate and effective protection against various<br />
forms of human rights violations, such as physical and mental abuse of children,<br />
women and the mentally handicapped.<br />
*****<br />
A State will however only incur international responsibility for a human rights<br />
violation if it has failed to provide the alleged victim with an adequate and effective<br />
remedy through the workings of its own courts or administrative authorities. The<br />
requirement at the international level that all effective domestic remedies must have been<br />
exhausted before an alleged victim’s complaints can be considered by an international<br />
monitoring body of a judicial or quasi-judicial character has been introduced precisely<br />
in order to allow the State itself to remedy the wrongs committed. This also means that<br />
the establishment of the various international machineries for the protection of the<br />
human person is in fact “subsidiary” to the available domestic systems for safeguarding<br />
the individual, since they “become involved only through contentious proceedings and<br />
once all domestic remedies have been exhausted”. 51<br />
47 Eur. Court HR, Case of X. and Y. v. the Netherlands, Judgment of 26 September 1985, Series A, No. 91, p. 11, para. 23.<br />
48 Ibid., p. 14, para. 30 and p. 13, para. 27.<br />
49 Eur. Court HR, Case of A. v. the United Kingdom, Judgment of 23 September 1998, Reports 1998-VI, concerning the responsibility<br />
of the United Kingdom for beating of child by stepfather.<br />
50 Eur. Court HR, Case of Mahmut Kaya v. Turkey, Judgment of 28 March 2000, para. 85. The text used is that found on the Court’s<br />
web site: http://hudoc.echr.coe.int/hudoc/<br />
51 Statement with regard to the European Convention on Human Rights, Eur. Court HR, Case of Handyside, Judgment of 7<br />
December 1976, Series A, Vol. 24, p. 22, para. 48.<br />
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States’ responsibility to provide protection and redress for victims of abuses<br />
of power will be dealt with in some detail in Chapter 15 of this Manual.<br />
Whenever bound by international human rights law, States have a<br />
strict legal obligation to guarantee the effective protection of human<br />
rights to all persons within their jurisdiction.<br />
States’ legal duty to protect human rights implies an obligation to<br />
prevent, investigate and punish human rights violations, as well<br />
as to restore rights whenever possible or provide compensation.<br />
States may also have a legal duty not only to provide protection against<br />
human rights violations committed by public authorities, but also to<br />
ensure the existence of adequate protection in their domestic law against<br />
human rights violations committed between private individuals.<br />
3. Business Corporations and<br />
Human Rights<br />
In recent years there has been wide discussion of the question whether, and to<br />
what extent, entities other than States, such as business corporations, could and should<br />
be held legally responsible for not complying with rules of international human rights<br />
law in the exercise of their various activities. Whilst it is clear from the preceding<br />
sub-section that States themselves may have a duty to ensure that their domestic law<br />
also offers adequate remedies against serious human rights violations that may be<br />
committed by private individuals, this reasoning would appear to be equally applicable<br />
to the activities of business corporations. However, this is not, of course, the same as<br />
saying that these corporations are themselves incurring international legal responsibility<br />
for any wrongful acts.<br />
The discussion at the international level on the legal responsibility of business<br />
corporations to guarantee human rights offers a wealth of ideas concerning, inter alia,<br />
standards to protect workers from abuses or the environment from unnecessary<br />
damage and destruction. However, the development of the law in this important area is<br />
still very much in its infancy, and the arguments put forward at this stage belong<br />
primarily to the field of lex ferenda.<br />
Since the aim of this Manual is to explain the legal duties of States themselves<br />
under international law, no further consideration will be devoted to the possible legal<br />
responsibilities of business corporations to protect human rights. However, judges,<br />
prosecutors and lawyers may well be confronted with these problems in the exercise of<br />
their professional duties at the domestic level. In addition to any duties business<br />
corporations may have to protect individual rights and the environment under<br />
domestic law, it might therefore be useful for members of the legal professions to be<br />
aware of the fact that discussions are taking place at the international level and that<br />
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there is, as a minimum, an ethical duty under international law for corporations to run<br />
their businesses in such a manner as to respect basic human rights. 52<br />
States may have an international legal obligation to ensure adequate<br />
protection in their domestic law against human rights violations<br />
committed by business corporations.<br />
Business corporations may themselves have legal obligations in the field of<br />
human rights derived from domestic law.<br />
At the international level business corporations are considered to have, as<br />
a minimum, an ethical responsibility to respect fundamental human<br />
rights.<br />
4. <strong>International</strong> Human Rights <strong>Law</strong><br />
at the Domestic Level<br />
4.1 Incorporating international law into domestic<br />
legal systems<br />
As previously noted, and as provided in article 27 of the Vienna Convention<br />
on the <strong>Law</strong> of Treaties, a State “may not invoke the provisions of its internal law as<br />
justification for its failure to perform a treaty”. On the other hand, States are free to<br />
choose their own modalities for effectively implementing their international legal<br />
obligations, and for bringing national law into compliance with these obligations. Since<br />
domestic legal systems differ considerably in this respect, albeit also having some<br />
similarities, it will be for each domestic judge, prosecutor and lawyer concerned to keep<br />
himself or herself informed as to the manner of incorporation of the State’s<br />
international legal obligations into national law. Below, a mere general account will be<br />
given of the various ways in which a State can modify its municipal law so as to bring it<br />
into conformity with its international legal obligations.<br />
First, according to the monist theory, of which there are in fact several divergent<br />
versions, 53 international law and domestic law can in general terms be described as<br />
forming one legal system. This means that once a State has ratified a treaty for the<br />
protection of the human person, for instance, the terms of that treaty automatically<br />
become binding rules of domestic law.<br />
52 Suggested reading on the question of business corporations and human rights: Michael Addo, Human Rights Standards and the<br />
Responsibility of Transnational Corporations (The Hague, Kluwer <strong>Law</strong> <strong>International</strong>, 1999); and Alan Dignam and David Allen,<br />
Company <strong>Law</strong> and the Human Rights Act 1998 (London, Butterworth, 2000).<br />
53 See Ian Brownlie, Principles of Public <strong>International</strong> <strong>Law</strong> (Oxford, Clarendon Press, 3 rd edn., 1979), p. 34.<br />
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Secondly, according to the dualist theory, municipal law and international law are<br />
different legal systems. Municipal law is supreme, and for municipal judges to be<br />
competent to apply international treaty rules, for instance, these have to be specifically<br />
adopted or transposed into domestic law. It follows that a human rights treaty ratified by<br />
the State concerned cannot in principle be invoked by local judges unless the treaty<br />
is incorporated into municipal law, a process which normally requires an Act of<br />
Parliament.<br />
However, these theories have been criticized for not reflecting the conduct of<br />
national and international organs, and they are gradually losing ground. For legal<br />
practitioners it is therefore more important to emphasize practice rather than theory. 54<br />
Changes in the role and in domestic perception and understanding of international law<br />
in general, and of international human rights law in particular, have led to an increased<br />
use of such law in domestic courts. One of the purposes of this Manual is therefore to<br />
prepare judges, prosecutors and lawyers to adapt and contribute to these fundamental<br />
changes. The following is a list of some of the principal means through which<br />
international human rights norms can be contained in municipal law or otherwise<br />
applied by domestic courts and other competent authorities:<br />
Constitutions: Many constitutions actually contain numerous human rights<br />
provisions, which may follow the text of, for instance, the Universal Declaration of<br />
Human Rights, the <strong>International</strong> Covenant on Civil and Political Rights or the<br />
regional human rights conventions. The use of such common language enables<br />
judges, prosecutors and lawyers to draw upon the jurisprudence of, in particular,<br />
international courts and other monitoring organs in interpreting the meaning of<br />
their own constitutional or other provisions;<br />
Other national legislation: Many States adopt specific legislation either to clarify<br />
or elaborate on their constitutional provisions, or in order to adapt their domestic<br />
laws to their international legal obligations. When transforming international law<br />
into municipal law, the same legal terms are often used, thus allowing the legal<br />
professions to draw inspiration from international jurisprudence or the<br />
jurisprudence of other States;<br />
Incorporation: It is also common for States to incorporate international human<br />
rights treaties into their domestic law by enacting a national law. This is for instance<br />
the case with the European Convention on Human Rights in the United Kingdom,<br />
where that Convention was incorporated into British law by virtue of the Human<br />
Rights Act 1998, which entered into force on 2 October 2000;<br />
Automatic applicability: In some States treaties take precedence over domestic<br />
law and are thus automatically applicable in domestic courts as soon as they have<br />
been ratified by the State concerned;<br />
Interpretation of common law: In interpreting common-law principles, judges<br />
may be governed by international human rights law and international jurisprudence<br />
interpreting that law;<br />
54 As to monism and dualism Higgins states that of “course, whichever view you take, there is still the problem of which<br />
system prevails when there is a clash between the two”; and that “in the real world the answer often depends upon the tribunal<br />
answering it (whether it is a tribunal of international or domestic law) and upon the question asked”; in her view different “courts<br />
do address that problem differently”, see Rosalyn Higgins, Problems and Process: <strong>International</strong> <strong>Law</strong> and How We Use It (Oxford,<br />
Clarendon Press, 1994), p. 205.<br />
Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers 21
Chapter 1 • <strong>International</strong> Human Rights <strong>Law</strong> and the Role of the Legal Professions: A General Introduction<br />
When there is a legal vacuum: In some countries there may be an absence of<br />
national legislation with regard, inter alia, to human rights; but, depending on the<br />
circumstances, judges and lawyers may be able to rely on international human rights<br />
law as well as relevant international case-law – or domestic case-law from other<br />
countries – in order to apply some basic legal principles for the protection of the<br />
human person.<br />
Numerous efforts have been made in recent years – both through the<br />
technical assistance programmes of the United Nations, and through various training<br />
programmes provided by regional organizations such as the Organization of American<br />
States, the Council of Europe and the Organization for Security and Cooperation in<br />
Europe – to help States adjust their laws to their international legal obligations, and also<br />
to train the legal professions so as to enable them to make human rights a living reality<br />
within their specific jurisdictions. Numerous independent human rights institutes and<br />
non-governmental organizations (NGOs) also have extensive training programmes for<br />
the various legal professions.<br />
States may not invoke their internal law to justify violations of<br />
international law, but are free to choose the modalities for implementing<br />
that law.<br />
4.2 The application of international human rights law<br />
in domestic courts: some practical examples<br />
A growing number of domestic courts in both common-law and civil-law<br />
countries now regularly interpret and apply international human rights standards. The<br />
following cases show how such standards can influence decisions taken by domestic<br />
courts.<br />
Germany: In a case involving an American pianist belonging to the Church of<br />
Scientology and the Government of Baden-Württemberg, the Administrative Court of<br />
Appeal of Baden-Württemberg considered the grounds of appeal of the plaintiff in the<br />
light not only of the German Basic <strong>Law</strong> but also of article 9 of the European<br />
Convention on Human Rights and articles 18 and 26 of the <strong>International</strong> Covenant on<br />
Civil and Political Rights.<br />
The complaint originated in negotiations between an agent acting on behalf of<br />
the Government and the pianist, regarding the latter’s participation in a concert to be<br />
held in connection with the presentation to the public of the framework programme for<br />
the World Athletics Championship. The negotiations were broken off when it became<br />
known that the pianist concerned was a member of the Church of Scientology. In a<br />
written reply to a question put by the Parliament of Baden-Württemberg, the Ministry<br />
of Culture and Sport, acting in concertation with the Ministry of the Family, Women,<br />
Education and Art, explained that the promotion by the State of cultural events must be<br />
questioned when the persons performing are active and self-avowed members of the<br />
Church of Scientology or other similar groups; for this reason they had declined to<br />
engage the pianist as originally envisaged. The pianist argued that his right to freedom<br />
22 Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers
Chapter 1 • <strong>International</strong> Human Rights <strong>Law</strong> and the Role of the Legal Professions: A General Introduction<br />
of religion had been violated by the written reply from the Ministries. However, the<br />
Administrative Court of Appeal concluded that the protection afforded by article 9 of<br />
the European Convention and article 18 of the <strong>International</strong> Covenant had not been<br />
infringed. As to the alleged violation of article 26 of the <strong>International</strong> Covenant, the<br />
Court likewise found that it had not been violated, since the ministerial reply did not<br />
result in discriminatory treatment of the pianist on the basis of his beliefs or religious<br />
convictions, the reply being limited to the announcement of a specific procedure to be<br />
followed in the future with regard to the allocation of grants made available for the<br />
organization of events by third persons/agents. For this reason, and considering that<br />
the plaintiff in this case was not himself a recipient of any grant, it was not necessary to<br />
clarify whether he could base himself inter alia on the protection afforded by article 26<br />
of the <strong>International</strong> Covenant, were an application for a grant to be rejected on the<br />
abovementioned ground. 55<br />
New Zealand: The 1994 Simpson v. Attorney General case, one of the most famous<br />
human rights cases in New Zealand, originated in an allegedly unreasonable search of<br />
the plaintiff’s home which, it was claimed, violated the New Zealand Bill of Rights Act<br />
1990. In its decision, the Court of Appeal emphasized that the purposes of the Bill of<br />
Rights were to<br />
“affirm, protect, and promote human rights and fundamental freedoms in<br />
New Zealand and to affirm New Zealand’s commitment to the<br />
<strong>International</strong> Covenant on Civil and Political Rights. From these purposes,<br />
it was implicit that effective remedies should be available to any person<br />
whose Bill of Rights guarantees were alleged to have been violated”. 56<br />
When there had “been an infringement of the rights of an innocent person”,<br />
“monetary compensation was”, in the view of the Court, “an appropriate and proper,<br />
indeed the only effective, remedy”. 57 As observed by the Court, that “was consistent<br />
with a rights-centred approach to the Bill of Rights and international jurisprudence on<br />
remedies for human rights violations”, and reference was in this respect, inter alia,<br />
made to the jurisprudence on remedies of both the Human Rights Committee and the<br />
Inter-American Court of Human Rights. 58<br />
United Kingdom: The most prominent case decided in recent years in which<br />
international human rights law played an important role is the case of Pinochet, which<br />
was decided by the House of Lords on 24 March 1999, and which originated in a<br />
request that the Chilean Senator – and former Head of the Chilean State – be extradited<br />
from the United Kingdom to Spain to be tried for crimes of torture and conspiracy to<br />
torture, hostage-taking and conspiracy to take hostages, as well as conspiracy to commit<br />
murder – acts committed whilst he was still in power. The obligations to which the 1984<br />
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or<br />
Punishment gave rise, were incorporated into United Kingdom law by Section 134 of<br />
the Criminal <strong>Justice</strong> Act 1988, which entered into force on 29 September 1988. The<br />
55 Urteil vom 15. Oktober 1996, Verwaltungsgerichtshof Baden-Württemberg, 10 S 1765/96, in particular, pp. 11-16: as to<br />
article 26 of the <strong>International</strong> Covenant, see p. 16.<br />
56 Simpson v. Attorney General (1994) 1 HRNZ at 42-43.<br />
57 Ibid., at 43.<br />
58 Ibid., loc. cit.<br />
Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers 23
Chapter 1 • <strong>International</strong> Human Rights <strong>Law</strong> and the Role of the Legal Professions: A General Introduction<br />
Convention against Torture as such was ratified on 8 December 1988. By virtue of<br />
these changes, torture, wherever it takes place in the world, became a triable criminal<br />
offence in the United Kingdom. The question before the House of Lords on second<br />
appeal turned on whether there were any extraditable offences and, in the affirmative,<br />
whether Senator Pinochet was immune from trial for committing those crimes. 59 The<br />
question of double criminality became an important issue, with a majority of the Lords<br />
being of the view that Senator Pinochet could be extradited only on charges concerning<br />
acts which were criminal in the United Kingdom when they took place. A majority of the<br />
law Lords concluded that State immunity in respect of torture had been excluded by the<br />
Convention against Torture, and that the offences of torture and conspiracy to torture<br />
committed after 8 December 1988 were extraditable, with a minority of the House of<br />
Lords holding that English courts had extraterritorial jurisdiction as from 29 September<br />
1988 when Section 134 of the Criminal <strong>Justice</strong> Act 1988 entered into force.<br />
This decision allowed the United Kingdom Home Secretary to go ahead with<br />
the proceedings relating to the relevant parts of the Spanish request for Senator<br />
Pinochet’s extradition. However, on 2 March 2000, after medical experts had<br />
concluded that the former Head of State of Chile was unfit to stand trial, the Home<br />
Secretary decided that he would not be extradited to Spain but was free to leave Britain.<br />
In spite of its final outcome, this case is a landmark in the international law of human<br />
rights in that it confirmed the erosion of the notion of State immunity for international<br />
crimes as a result of the entry into force of the Convention against Torture.<br />
South Africa: The example of South Africa is significant in that, after the<br />
collapse of the apartheid regime, it drafted a constitution which was heavily influenced<br />
by international human rights standards and which contains, in its Chapter 2, a detailed<br />
Bill of Rights, which includes a wide range of rights, such as the right to equality, the<br />
right to freedom and security of the person, the freedoms of expression, assembly and<br />
association, political rights, environmental rights, the right to property, the right of<br />
access to adequate housing, the right to health care services, sufficient food and water,<br />
social security, the rights of the child, the right to basic education, the right of access to<br />
courts and the rights of arrested, detained and accused persons.<br />
<strong>International</strong> human rights law has had a considerable impact on the<br />
development of law at the domestic level and is now frequently invoked<br />
and applied by domestic courts.<br />
59 See definition of question by Lord Brown Wilkinson, House of Lords, Judgment of 24 March 1999 – Regina v. Bartle and the<br />
Commissioner of Police for the Metropolis and Others Ex Parte Pinochet; Regina v. Evans and Another and the Commissioner of Police for the<br />
Metropolis and Others Ex Parte Pinochet (On Appeal from a Divisional Court of the Queen’s Bench Division); this Judgment is found on the<br />
following web site: http://www.publications.parliament.uk.<br />
24 Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers
Chapter 1 • <strong>International</strong> Human Rights <strong>Law</strong> and the Role of the Legal Professions: A General Introduction<br />
5. The Role of the Legal Professions<br />
in the Implementation of Human<br />
Rights<br />
As a consequence of legal developments over the last few decades, human<br />
rights have ceased to be a “fringe activity”, instead becoming “an area of law which is<br />
fundamental to everyone and which permeates all legal activity, economic and social, in<br />
public law and in private”. 60 In a particularly interesting recent development, the<br />
“pervasive importance of human rights law” to corporations and business lawyers has<br />
also been recognized. 61 Yet, whilst the influence of international human rights law on<br />
many dimensions of domestic law is thus steadily gaining ground, its true potential still<br />
remains to be explored. 62<br />
It is the professional role and duty of judges, prosecutors and lawyers<br />
throughout the world to explore this potential, and at all times to use their respective<br />
competences to ensure that a just rule of law prevails, including respect for the rights<br />
of the individual. Whilst this entire Manual focuses on providing knowledge and<br />
guidance to the legal professions in their daily work, Chapter 4 will focus on the specific<br />
rules and principles conditioning the work of judges, prosecutors and lawyers. These<br />
rules and principles have to be consistently and meticulously applied, since judges,<br />
prosecutors and lawyers perhaps have the single most important role to play in applying<br />
national and international human rights law. Their work constitutes the chief pillar of<br />
the effective legal protection of human rights, without which the noble principles<br />
aimed at protecting the individual against the abuse of power are likely to be sapped of<br />
much or even all of their significance.<br />
6. Concluding Remarks<br />
The present chapter has provided a synopsis of the modern development of<br />
the international protection of the human person, which originated in a devastated<br />
world’s yearning for peaceful, secure and just domestic and international legal orders.<br />
Further, it has explained some of the basic legal notions relevant to international human<br />
rights law and offered a description, however general, of the role to be played by the<br />
legal professions within their respective fields of competence in order to be able<br />
effectively to use the legal tools available to protect the human person against abuses of<br />
power. We shall now turn to a succinct examination of the terms and functioning of the<br />
major existing universal and regional human rights conventions.<br />
60 See editorial of Lord Goldsmith QC and Nicholas R. Cowdery QC, “The Role of the <strong>Law</strong>yer in Human Rights”, in HRI<br />
News (Newsletter of the IBA Human Rights Institute), vol. 4, No. 2, 1999, p. 1.<br />
61 Ibid., loc. cit. See also Nicholas R. Cowdery QC, “Human Rights in Commercial Practice – an IBA Perspective”, ibid., pp.<br />
16-18, and Stephen Bottomley, “Corporations and Human Rights”, ibid., pp. 19-22.<br />
62 See reference to speech of <strong>Justice</strong> Kirby, ibid., p. 10.<br />
Human Rights in the Administration of <strong>Justice</strong>: A Manual on Human Rights for Judges, Prosecutors and <strong>Law</strong>yers 25
Page 170 of 198
Attachment B<br />
The <strong>International</strong> Court<br />
of <strong>Justice</strong><br />
Page 171 of 198
Chapter Four<br />
<strong>International</strong> Court of <strong>Justice</strong> (ICJ)<br />
What is the <strong>International</strong> Court of <strong>Justice</strong>?<br />
The <strong>International</strong> Court of <strong>Justice</strong> (ICJ) was established under<br />
Chapter XIV of the United Nations Charter. It replaced the Permanent<br />
Court of <strong>Justice</strong>, which existed under the UN’s predecessor, the<br />
League of Nations.<br />
The ICJ is the only major UN body whose headquarters is not in New<br />
York City; the Court sits in The Hague, Netherlands. The Court is<br />
the principal judicial organ of the UN, and all members of the UN<br />
are ipso facto parties to the Statute of the ICJ. Fifteen independent<br />
justices, elected by the General Assembly and the Security Council,<br />
each serve on the Court for nine-year terms.<br />
The primary purpose of the ICJ is to render opinions on international<br />
legal disputes between States. These cases may only be submitted by<br />
States that have accepted the jurisdiction of the ICJ. Another purpose<br />
of the ICJ is to clarify significant international legal questions brought<br />
to it by the UN General Assembly and the Security Council. When<br />
a UN body brings an issue before the Court, they are requesting an<br />
Advisory Opinion. The ICJ does not have authority to decide disputes<br />
involving individuals, the public, or private organizations, although<br />
the Court may request that public organizations present information in<br />
a case.<br />
When states have a case before the Court, participants submit written<br />
memorials and present oral arguments. When the Court is asked to<br />
render an Advisory Opinion, interested or assigned parties also submit<br />
written memorials and present orally before the Court. In both types<br />
of cases, interested parties can seek to submit an Amicus Curiae<br />
memorial, Latin for “friend of the court.” Amicus Curiae memorials<br />
may be submitted by any AMUN delegation that seeks to assist the<br />
Court in defining the issue. These memorials may be submitted by<br />
states not specifically named in the case.<br />
Article 38 of the Statute of the ICJ establishes the sources of law<br />
to be applied by the Court in resolving disputes in accordance with<br />
international law:<br />
1. <strong>International</strong> Conventions (and treaties);<br />
2. <strong>International</strong> Custom, as evidence of a general practice<br />
accepted as law; and<br />
3. General Principles of <strong>Law</strong> recognized by civilized States.<br />
Since 1945, the Court has rendered a number of decisions and<br />
advisory opinions. Since the Court has no binding enforcement<br />
mechanism, not all of the disputing parties have complied with its<br />
decisions. Despite this condition, the Court’s rulings are typically<br />
considered as authoritative interpretations of law and have a strong<br />
moral and suasive effect on the international legal community.<br />
The Court’s most effective areas have been boundary disputes<br />
and providing legal basis for enforcing damage claims by states in<br />
disputes involving the use of force (e.g. in Islamic Republic of Iran v.<br />
United States, and in Libya v. Chad).<br />
Structure of AMUN’s ICJ<br />
The cases before the 2007 AMUN <strong>International</strong> Court of <strong>Justice</strong> (ICJ)<br />
include:<br />
• Spain v. Canada - Fisheries Jurisdiction Case (Historical);<br />
• Republic of the Congo v. France - Certain Criminal Proceedings<br />
in France;<br />
• Costa Rica v. Nicaragua - Proceedings Instituted by Costa Rica<br />
Against Nicaragua.<br />
Other cases may be determined and announced later. Representatives<br />
are strongly encouraged to contact AMUN if their delegation wishes<br />
to bring a case before the Court; these cases should be submitted<br />
before 1 October.<br />
Background papers on the cases listed above are provided in the<br />
Issues at AMUN Handbook. Explicit instructions on the procedures of<br />
the Court will be forthcoming to all registered delegations in an ICJ<br />
Addendum.<br />
AMUN’s ICJ is an all-student-run simulation, in that students serve<br />
both as <strong>Justice</strong>s and as Advocates. While <strong>Justice</strong>s adjudicate on the<br />
dispute, the Advocates present the arguments for the parties in the<br />
dispute. Advocates can also represent other interested groups who<br />
seek to submit an Amicus Curiae memorial.<br />
Amicus Curiae memorials may be submitted by a Representative from<br />
any State or organization with an interest in the case. Such memorials<br />
may advocate the position of either the Applicant or the Respondent,<br />
or they may advocate other arguments, based partially on each side’s<br />
position(s), or another position not advocated by either party.<br />
The ICJ <strong>Justice</strong>s and Advocates will be assisted by members of<br />
AMUN’s Secretariat: the Director and Registrars of the Court. Staff<br />
responsibilities include the approval of cases for inclusion on the<br />
Court’s docket, the review of memorials submitted to the Court,<br />
assisting in the preparation of the Court’s docket, and the provision of<br />
any other assistance needed by ICJ <strong>Justice</strong>s and Advocates.<br />
The cases pre-selected by the AMUN Secretariat will form the<br />
substance of the Court’s docket. Requests for additional cases may<br />
be submitted by any state registered as an AMUN delegation or by<br />
any ICJ Representative. Likewise, the UN General Assembly or the<br />
Security Council may submit a request to the ICJ for an advisory<br />
opinion on a topic of international law. The Director will review such<br />
requests. The AMUN Secretariat, with the advice of the Director, will<br />
decide whether such additional cases will be included on the Court’s<br />
docket.<br />
The Court will meet to hear arguments throughout the Conference.<br />
The <strong>Justice</strong>s, in consultation with the Director, will set the docket and<br />
review the procedures of the Court on the first day of the Conference.<br />
Page 14 • 2007 AMUN Rules & Procedures<br />
<strong>International</strong> Court of <strong>Justice</strong>
Representative Information<br />
Any college, graduate or law student may register as either a <strong>Justice</strong><br />
or an Advocate for the ICJ, regardless of whether the student’s school<br />
is registered for a delegation at AMUN.<br />
A delegation with a case before the ICJ will be expected to provide<br />
a Representative(s) to argue its case, unless other arrangements<br />
are made with the Secretary-General by 1 October.<br />
<strong>Justice</strong> positions are available on a first-come, first-served basis,<br />
until the fifteen seats on the Court are filled. Note that no school will<br />
be allowed more than one <strong>Justice</strong> on the Court, unless additional<br />
seats are open just prior to the Conference. It is not a requirement<br />
for <strong>Justice</strong>s to be a member of a delegation. States involved in a<br />
case before the Court are strongly encouraged to place a <strong>Justice</strong> on<br />
the Court for the duration of the Conference. States wishing to do<br />
this may do so in two ways: (1) they may register someone to be a<br />
permanent justice (up to the maximum listed above); or (2) they may<br />
appoint an ad hoc justice that would only sit for their case.<br />
Ad hoc justices only sit on the court for the case in which their<br />
country is involved and must be assigned to another simulations.<br />
All other justices are duration-of-conference assignments, and<br />
Representatives serving as justices shall not be assigned to another<br />
simulation. The justices should expect to spend the first day setting<br />
the docket, determining the final procedures of the Court, and hearing<br />
the first case. The rest of Conference will be spent hearing cases, in<br />
deliberations, and rendering opinions on those cases.<br />
Advocate positions are not duration-of-the-conference assignments.<br />
ICJ advocates should expect to spend three to four hours presenting<br />
their case and hearing the opinion during conference. ICJ Advocates<br />
should also serve as Representatives to another AMUN simulation. It<br />
is essential that, whenever possible, the ICJ advocate or ad hoc justice<br />
is teamed with another Representative in a Committee/Council,<br />
so that their state is represented while the advocate is presenting<br />
the case. Advocate positions would also be ideal for a Permanent<br />
Representative who is “floating” between Committees/Councils.<br />
There is no additional per delegate fee for a student assigned to a<br />
Committee/Council who also serves as an ICJ Advocate from a school<br />
with a registered delegation.<br />
Preparation<br />
General Preparation: Initially, ICJ Representatives should determine<br />
whether they have access to international legal sources. All ICJ<br />
Representatives need to acquire a basic working knowledge about<br />
the history of the ICJ and how it functions, which is available at<br />
www.icj-cij.org. They will also need to read the ICJ section in the<br />
Issues at AMUN handbook, and further research the factual and legal<br />
background about each of the disputes in which they are involved.<br />
<strong>Justice</strong>s: <strong>Justice</strong>s should review relevant treaties, applicable<br />
international common law, and prior ICJ decisions and<br />
scholarly articles analyzing those treaties, common laws and<br />
decisions. Most law school libraries, and many undergraduate<br />
libraries, have international law casebooks which contain ICJ<br />
opinions, as well as opinions written by justices sitting on other<br />
<strong>International</strong> Court of <strong>Justice</strong><br />
international tribunals; these are also available online at www.un.org/<br />
Depts/dhl/resguide/specil.htm. As you read these decisions, ask<br />
yourself:<br />
• What writing style does the author use?<br />
• How do <strong>Justice</strong>s address jurisdictional issues?<br />
• How do they apply the law to the facts of the case?<br />
Note: Remember that the AMUN ICJ is a simulation. No one expects<br />
students, who are by definition not lawyers or justices, to make<br />
decisions and render opinions with the same level of sophistication as<br />
actual ICJ justices. Your job is simply to gain a basic understanding of<br />
what considerations are taken into account by justices when deciding<br />
cases and writing opinions.<br />
Advocates: Advocates must thoroughly research both the law and<br />
facts involved in the dispute from which their case arises. Advocates<br />
also will be responsible for the preparation of written memorials and<br />
the presentation of oral arguments regarding their positions in their<br />
case.<br />
Preparation of Memorials<br />
ICJ memorials contain, in the following order:<br />
1. A statement of facts (what are the relevant facts in the case?);<br />
2. A jurisdictional statement and arguments (i.e. does the state recognize<br />
the Court’s jurisdiction on this case, and why or why not?);<br />
3. A statement of law (what laws, customs, precedents or treaties<br />
apply?);<br />
4. A detailed argument section, which discusses how the law and facts<br />
apply to the merits of the case (how do the laws and facts support your<br />
case?); and<br />
5. A summary and prayer for relief (what do you want the Court to do?).<br />
The “plaintiff,” or party bringing the case, is called the Applicant. The<br />
“defendant” is called the Respondent. Due to time constraints, both<br />
the Applicant and Respondent in any AMUN ICJ case must prepare<br />
their memorials without seeing the memorial of their opponent.<br />
However, the Respondent’s memorial should seek to counter the<br />
anticipated arguments of the Applicant.<br />
All memorials must be submitted by 7 November to the AMUN<br />
Secretariat at mail@amun.org.<br />
Preparation of Oral Arguments<br />
Oral arguments provide Advocates with an opportunity to explain to<br />
the <strong>Justice</strong>s the factual and legal merits of their case. In each case,<br />
the Applicant shall argue first. The Respondent shall then have the<br />
same amount of time to reply. Advocates presenting Amicus Curiae<br />
arguments will then be accorded no more than five minutes each to<br />
speak. On the first day of Conference, the <strong>Justice</strong>s will create the<br />
docket and define the amount of time for oral arguments. Advocates<br />
should be prepared for anywhere between 10 and 20 minutes for<br />
arguments.<br />
Advocates should be aware that the oral argument is not simply an<br />
opportunity to give a prepared “speech.” While an Advocate should<br />
have an outline of the points they wish to make, the <strong>Justice</strong>s often<br />
2007 AMUN Rules & Procedures • Page 15
interject with specific questions during each Advocate’s presentation.<br />
The first five minutes of each Advocate’s presentation will be<br />
uninterrupted, to allow each side the opportunity to freely present<br />
the key issues of their arguments. After the initial five minutes, the<br />
Advocates may continue with their presentations, but the <strong>Justice</strong>s<br />
may also interject and question the Advocates on the merits of<br />
their case. Therefore, be prepared to both answer questions and<br />
defend your position.<br />
The following steps should be taken to prepare for oral arguments:<br />
1. Identify the issues that are the critical, deciding factors in the<br />
case. You should try to have at least three critical points to your<br />
argument.<br />
2. Examine your memorial. What are your best arguments regarding<br />
the critical issues?<br />
3. Develop a “theme” which incorporates your best arguments on<br />
the critical issues. Keep it simple. Remember, you are just trying<br />
to tell the <strong>Justice</strong>s a story - a story about why your country has<br />
been wronged, or about what they can do to provide a fair and<br />
just solution.<br />
4. Prepare an outline. The outline should include your theme,<br />
your best arguments on the critical issues, your answers to your<br />
opponent’s best arguments, and ideas about answers to any other<br />
questions you think the justices might ask. Try to make your<br />
memorial and oral argument outline consistent, so that the first<br />
issue addressed in the memorial is the first addressed in the oral<br />
argument.<br />
5. Though each Advocate will have more than five minutes to<br />
present oral arguments, keep in mind that only the first five<br />
minutes of the presentations will be uninterrupted. Therefore,<br />
while preparing your presentation it is to your advantage to focus<br />
on the main points and key issues during the first five minutes.<br />
We suggest that you follow a “pyramid” format, in which the<br />
crux of the argument is presented first and then for the remainder<br />
of the allotted time the speaker expands on those issues in a<br />
more thorough and complete manner. This format can also allow<br />
for a quick means of referencing issues during the remaining<br />
period of presentation/questions. It is also wise to conclude your<br />
presentation by again summing up the key points.<br />
6. Do not write out answers verbatim. Do, however, write out<br />
“catch phrases” or legal terms you will want to remember<br />
precisely. Oral arguments will involve extemporaneous speaking<br />
and responses, not the presentation of a memorized speech.<br />
7. Be sure your outline includes specific names of conventions,<br />
treaties, cases, etc. which you are using to support your answers.<br />
This is very important because your legal argument is what you<br />
need to use to convince the <strong>Justice</strong>s that your side of the case is<br />
stronger.<br />
8. Practice, practice, practice! There is no substitute for practicing<br />
oral arguments. Your presentation is likely to be smoother, and<br />
thus more persuasive. Have your Faculty Advisor and/or other<br />
students fire questions at you. Learn to field those questions, and<br />
then transition back to the point you were making prior to the<br />
question.<br />
9. Hammer home your theme again and again. Remember, your<br />
legal argument is what is going to convince the <strong>Justice</strong>s to decide<br />
in favor of your state. The facts are the facts; what is going to<br />
be in contention is how international law views the dispute.<br />
Rambling, disjointed presentations are not persuasive. Simple,<br />
concise answers that repeatedly stress the same points are<br />
persuasive, and will be remembered by the <strong>Justice</strong>s.<br />
10. Contact a court (an appeals court, if possible) in your area and<br />
find out when arguments or a trial will occur. Then, visit the court<br />
and observe how the attorneys make their presentations, and how<br />
the <strong>Justice</strong>s question them. Also, on the web, at www.icj-cij.org,<br />
there are oral arguments that you can listen to via your computer.<br />
11. Learn proper courtroom demeanor. Remember to be polite<br />
and deferent to the justices at all times. While argument is the<br />
method, persuasion is the goal.<br />
Duties of the <strong>Justice</strong>s<br />
AMUN ICJ justices have wide latitude to operate within the AMUN<br />
Statute of the ICJ, copies of which will be furnished to all ICJ<br />
Representatives. <strong>Justice</strong>s will meet with the Director on the first day<br />
of the Conference to go over the Statute and to establish their own<br />
internal rules of procedure.<br />
Each justice, while “independent,” will still have a role-playing<br />
function. ICJ justices “retain” their citizenship with whatever state<br />
their school represents at the Conference. <strong>Justice</strong>s not affiliated with<br />
a delegation will be assigned citizenship with a state. A justice’s<br />
citizenship is important, since it is frequently the case in the “real”<br />
ICJ that a justice from a particular country will side with the position<br />
advocated by their country of origin when that state comes before the<br />
ICJ, although they do not always do so. Thus, while ICJ justices are<br />
supposed to be independent advocates for the law, they often come to<br />
the Court with inherent biases based on their home country’s history,<br />
culture, religion and laws.<br />
<strong>Justice</strong>s will each have an opportunity to review the memorials<br />
submitted for each case. All justices will be expected to hear<br />
arguments and question the advocates in all cases on the docket. After<br />
each case is argued, the justices will retire to deliberate and to write<br />
opinions.<br />
<strong>Justice</strong>s should take the time to do preliminary research on the cases<br />
and advisory opinions. If <strong>Justice</strong>s have difficulty accessing documents<br />
relevant to the cases or advisory opinions, they should contact the<br />
Secretary-General or the Director of the Court to request assistance at<br />
icj@amun.org.<br />
Page 16 • 2007 AMUN Rules & Procedures<br />
<strong>International</strong> Court of <strong>Justice</strong>
Page 172 of 198
Attachment C<br />
Everything You Always Wanted to Know<br />
About The United Nations<br />
Page 173 of 198
Everything You<br />
Always Wanted to<br />
Know About the<br />
United Nations<br />
FOR STUDENTS AT INTERMEDIATE AND SECONDARY LEVELS<br />
United Nations<br />
Department of Public Information<br />
New York, 2008<br />
An introduction to the United Nations<br />
i
Material contained in this book is not subject to copyright.<br />
It may be freely reproduced, provided acknowledgement<br />
is given to the<br />
United Nations.<br />
For further information please contact:<br />
Visitors Services,<br />
Department of Public Information,<br />
United Nations, New York, NY 10017<br />
Fax 212-963-0071;<br />
E-mail: inquiries@un.org<br />
All photos by UN Photo, unless otherwise noted<br />
Published by the<br />
United Nations<br />
Department of Public Information<br />
Printed by the<br />
United Nations Publishing Section, New York
Table of contents<br />
1 Introduction to the United Nations 1<br />
2<br />
3<br />
4<br />
5<br />
6<br />
The UN family 11<br />
The UN works for<br />
international peace and security 25<br />
The Millennium Development Goals 39<br />
Human Rights 51<br />
Frequently asked questions 59<br />
<br />
iii
1<br />
An introduction to<br />
the United Nations<br />
• The United Nations has four purposes: to maintain international<br />
peace and security; to develop friendly relations among nations;<br />
to cooperate in solving international problems and in promoting<br />
respect for human rights; and to be a centre for harmonizing the<br />
actions of nations. Cooperating in this effort are more than 30<br />
affiliated organizations, known together as the UN system.<br />
• The United Nations is not a world government, and it does not<br />
make laws. It does, however, provide the means to help resolve<br />
international conflicts and formulate policies on matters affecting<br />
all of us.<br />
• At the UN, all the Member States — large and small, rich and poor,<br />
with differing political views and social systems — have a voice<br />
and a vote in this process. The United Nations gives the opportunity<br />
for countries to balance global interdependence and national<br />
interests when addressing international problems.<br />
• The UN system works to promote respect for human rights, reduce<br />
poverty, fight disease and protect the environment. The United<br />
Nations leads international campaigns against drug trafficking<br />
and terrorism.<br />
• Throughout the world, the UN and its agencies help expand food<br />
production, assist refugees, lead the fight against AIDS and set up<br />
programmes to clear landmines, among others.
2<br />
Everything About the United Nations
An introduction to the<br />
United Nations<br />
The United Nations building in New York City<br />
What is the United Nations?<br />
The United Nations is a unique organization of<br />
independent countries that have come together<br />
to work for world peace and social progress. The<br />
Organization formally came into existence on<br />
24 October 1945, with 51 countries considered<br />
founding Members. By the end of 2008, the<br />
membership of the UN had grown to 192 countries.<br />
Since its inception, no country has ever been<br />
expelled from membership. Indonesia temporarily<br />
quit the UN in 1965 over a dispute with neighbouring<br />
Malaysia, but returned the following year.<br />
So, the United Nations is like a world government?<br />
Wrong. Governments represent countries and peoples. The United Nations represents<br />
neither a particular government nor any one nation. It represents all its Members and<br />
does only what the Member States decide that it should do.<br />
Is there a set of rules or principles that guides the United<br />
Nations in its work?<br />
Yes, the Charter of the United Nations. It is a set of guidelines that<br />
explains the rights and duties of each Member country, and what<br />
needs to be done to achieve the goals they have set for themselves.<br />
When a nation becomes a Member of the UN, it accepts<br />
the aims and rules of the Charter.<br />
The UN has four<br />
main purposes:<br />
To keep peace throughout<br />
the world;<br />
To develop friendly relations<br />
among nations;<br />
: www.un.org/aboutun/charter/<br />
How did the United Nations begin?<br />
The idea of the United Nations was born during World War II<br />
(1939-1945). World leaders who had collaborated to end the war<br />
felt a strong need for a mechanism that would help bring peace<br />
and stop future wars. They realized that this was possible only if<br />
all nations worked together through a global organization. The<br />
United Nations was to be that Organization.<br />
To work together to<br />
help poor people live<br />
better lives, to conquer<br />
hunger, disease and illiteracy,<br />
and to encourage<br />
respect for each other’s<br />
rights and freedoms;<br />
To be a centre for<br />
helping nations achieve<br />
these goals.<br />
An introduction to the United Nations 3
Where did the name “United Nations” come from?<br />
The name “United Nations” was suggested by United States President Franklin D. Roosevelt. It was<br />
first officially used in 1942, when representatives of 26 countries signed the Declaration by United<br />
Nations. As a tribute to President Roosevelt, who died a few weeks before the signing of the Charter,<br />
all those present at the San Francisco Conference agreed to adopt the name “United Nations”.<br />
Was this the first time that such an organization had been created?<br />
A similar organization, the League of Nations, was set up in 1919, following World War I. Its<br />
main objective was to keep world peace. However, not every country joined the League. The<br />
United States, for example, was never a member. Others that had joined later quit, and the<br />
League often failed to take action. Though it did not succeed, the League ignited a dream for a<br />
universal organization. The result was the United Nations.<br />
FACT CHECK<br />
The building that rose from a slaughterhouse<br />
At its first meeting in<br />
London in 1946, the<br />
General Assembly<br />
decided to locate the<br />
United Nations Headquarters<br />
in the United<br />
States. However, New<br />
York was not the first choice. Philadelphia, Boston and<br />
San Francisco were also considered. What eventually<br />
persuaded the General Assembly to settle on the present<br />
site was a last-minute gift of $8.5 million from John D.<br />
Rockefeller, Jr. Later, New York City offered additional<br />
property as a gift.<br />
The site chosen for UN Headquarters was a run-down<br />
area of slaughterhouses, a railroad garage building and<br />
other commercial buildings.<br />
On 24 October 1949, Secretary-General Trygve Lie laid the<br />
cornerstone of the 39-storey building. On 21 August 1950,<br />
the Secretariat staff began moving into their new offices.<br />
Same view of the site chosen for UN Headquarters,<br />
taken from Tudor City at 41st street, looking north<br />
to 48th street (left). United Nations Headquarters<br />
building in New York City as it stands today (above).<br />
: http://www.un.org/tours/ • http://www.un.org/Pubs/CyberSchoolBus/untour/<br />
Who owns the United Nations Headquarters?<br />
The United Nations Headquarters is an international zone. This means that the land on which the UN<br />
sits does not belong to just the United States, the host country, but to all the Members of the United<br />
Nations. The UN has its own flag and its own security officers who guard the area. It also has its own<br />
post office and issues its own stamps. These stamps can be used only from UN Headquarters or from<br />
UN offices in Vienna and Geneva.<br />
4<br />
Everything About the United Nations
Who pays for the work of the United Nations?<br />
The 192 Members of the United Nations pay for everything that the Organization<br />
does. It has no other source of income. There are two types of budgets at the UN:<br />
The regular budget includes the core functions at its Headquarters in New York<br />
and field offices around the world;<br />
The peacekeeping budget pays for various operations, often in “hot spots”<br />
around the world.<br />
Payments to the UN for both budgets are compulsory. Members pay according to a<br />
scale of assessments agreed upon by all. This scale is based on a country’s ability to<br />
pay, national income and population.<br />
The road to the<br />
United Nations:<br />
a chronology<br />
September 1939<br />
This is how Warsaw<br />
(Poland) looked only<br />
weeks after the start<br />
of the Second World<br />
War. The war reduced<br />
much of Europe to<br />
rubble.<br />
Is the United Nations a good value for the money?<br />
The regular budget for the United Nations is approved by the General Assembly for<br />
a two-year period. The budget approved for 2008-2009 was $4.17 billion, which<br />
pays for UN activities, staff and basic infrastructure. Citizens of the United States<br />
spend approximately the same amount on cut flowers and potted plants each year.<br />
For peacekeeping, the budget for the year from 1 July 2007 to 30 June 2008 was<br />
about $6.8 billion. This represented 0.5% of global military spending, estimated at<br />
$1,339 billion in 2007. That amount would pay for the entire UN system for more<br />
than 65 years. Peacekeeping is far cheaper than war and is good value for money!<br />
The UN is funded by Member<br />
countries. The top 10 Member States<br />
in assessment for the 2008 UN<br />
regular budget were:<br />
Assessment rates/amount<br />
Country<br />
per cent<br />
US$<br />
millions<br />
United States 22.00 453.3<br />
Japan 16.62 342.5<br />
Germany 8.57 176.7<br />
United Kingdom 6.64 136.8<br />
France 6.30 129.8<br />
Italy 5.07 104.6<br />
Canada 2.97 61.3<br />
Spain 2.96 61.1<br />
China 2.66 54.9<br />
Mexico 2.25 46.5<br />
14 August 1941<br />
President Roosevelt<br />
and Prime Minister<br />
Churchill met on<br />
board a battleship in<br />
the Atlantic Ocean.<br />
They adopted the Atlantic<br />
Charter, wherein<br />
a plan for world peace<br />
was outlined.<br />
1 January 1942<br />
On New Year’s Day<br />
1942, the representatives<br />
of 26 nations<br />
signed at Washington,<br />
D.C., the Declaration<br />
by the United Nations.<br />
30 October 1943<br />
Representatives of<br />
China, the Soviet<br />
Union, the United<br />
Kingdom and the<br />
United States signed<br />
the Moscow Declaration<br />
and agreed to set<br />
up an organization of<br />
nations to keep peace<br />
once the war was<br />
ended.<br />
<br />
An introduction to the United Nations 5
Summer and fall, 1944<br />
Leaders of China, the<br />
United States and the<br />
United Kingdom met<br />
at Dumbarton Oaks,<br />
Washington, D.C., and<br />
agreed on purposes and<br />
principles of the future<br />
United Nations.<br />
11 February 1945<br />
President Roosevelt,<br />
Prime Minister Churchill<br />
and Premier Joseph<br />
Stalin, after their<br />
meeting in Yalta, in the<br />
Soviet Union, declared<br />
their resolve to establish<br />
the United Nations.<br />
They also agreed on<br />
the voting system to<br />
be used in the Security<br />
Council.<br />
26 June 1945<br />
Representatives of<br />
50 countries unanimously<br />
adopted the<br />
Charter of the United<br />
Nations at a conference<br />
in San Francisco.<br />
24 October 1945<br />
After a majority of<br />
countries, including the<br />
five permanent members<br />
of the Security<br />
Council (China, France,<br />
USA, UK and USSR),<br />
had signed the UN<br />
Charter and officially<br />
recognized it, the<br />
United Nations came<br />
into being. That is why<br />
24 October is observed<br />
as United Nations Day.<br />
The UN Peacekeeping<br />
budget is funded by<br />
Member countries<br />
The top ten contributors<br />
to the UN in 2007 were:<br />
1. United States of America (20%),<br />
2. Japan (17%), 3. Germany (9%),<br />
4. United Kingdom (8%),<br />
5. France (7%), 6. Italy (5%),<br />
7. China (3%), 8. Canada (3%),<br />
9. Spain (3%), and<br />
10. Republic of Korea (2%).<br />
Top ten contributors of uniformed UN personnel<br />
Top ten contributors of uniformed UN personnel<br />
France 1,975<br />
France 1,975<br />
Nigeria 2,465<br />
Nigeria 2,465<br />
Italy 2,539<br />
Italy 2,539<br />
Uruguay 2,583<br />
Uruguay 2,583<br />
Ghana 2,907<br />
Ghana 2,907<br />
Jordan 3,564<br />
Jordan 3,564<br />
Nepal 3,626<br />
Nepal 3,626<br />
(as of 31 March 2007)<br />
(as of 31 March 2007)<br />
Pakistan<br />
10,173 Pakistan<br />
10,173<br />
India 9,471<br />
India 9,471<br />
Top ten providers of contributions to<br />
Top ten providers of contributions to<br />
UN Peacekeeping Budget<br />
UN Peacekeeping Budget<br />
United Kingdom<br />
United Kingdom<br />
(as of 1 January 2007)<br />
(as of 1 January 2007)<br />
Germany<br />
Germany<br />
Japan<br />
Japan<br />
9,675Bangladesh<br />
9,675<br />
Republic of<br />
Republic of<br />
Spain<br />
Korea<br />
Spain<br />
Korea<br />
Canada<br />
Canada3% 2%<br />
3% 2%<br />
United States<br />
China 3%<br />
United States<br />
China<br />
of America<br />
3%<br />
3%<br />
of America<br />
Italy<br />
3%<br />
20%<br />
Italy<br />
20%<br />
5%<br />
5%<br />
France 7%<br />
France<br />
7%<br />
8%<br />
8%<br />
9%<br />
9%<br />
17%<br />
17%<br />
: For more:<br />
www.un.org/aboutun,<br />
www.un.org/av<br />
(for photos)<br />
6<br />
Everything About the United Nations
How does a country become a Member of the United Nations?<br />
Membership in the Organization, in accordance with the Charter of<br />
the United Nations, “is open to all peace-loving States that accept the<br />
obligations contained in the United Nations Charter and, in the judgment<br />
of the Organization, are able to carry out these obligations”. States<br />
are admitted to membership in the United Nations by decision of the<br />
General Assembly upon the recommendation of the Security Council.<br />
How is the United Nations structured?<br />
The work of the United Nations is carried out almost all over the world<br />
and is done by six main organs:<br />
1. General Assembly<br />
2. Security Council<br />
3. Economic and Social Council<br />
4. Trusteeship Council<br />
5. <strong>International</strong> Court of <strong>Justice</strong><br />
6. Secretariat<br />
All these organs are based at UN Headquarters in New York, except for<br />
the <strong>International</strong> Court of <strong>Justice</strong>, which is located at The Hague, Netherlands.<br />
Related to the United Nations are 15 specialized agencies that<br />
coordinate their work with the UN but are separate, autonomous organizations.<br />
They work in areas as diverse as health, agriculture, telecommunications<br />
and weather. In addition, there are 24 programmes, funds<br />
and other bodies with responsibilities in specific fields. These bodies,<br />
together with the UN proper and its specialized programmes, compose<br />
the United Nations system.<br />
1<br />
2<br />
3<br />
4<br />
: http://www.un.org/geninfo/faq/factsheets/memberstate.pdf<br />
What is a Permanent Observer?<br />
Non-Member States of the United Nations, which are members of one<br />
or more specialized agencies, can apply for the status of Permanent<br />
Observer. The status of a Permanent Observer is based purely on practice,<br />
and there are no provisions for it in the United Nations Charter. The<br />
practice dates from 1946, when the Secretary-General accepted the designation<br />
of the Swiss Government as a Permanent Observer to the United<br />
Nations. Observers were subsequently put forward by certain States that<br />
later became United Nations Members, including Austria, Finland, Italy,<br />
and Japan. Switzerland became a UN Member on 10 September 2002.<br />
5<br />
6<br />
Permanent Observers have free access to most meetings and relevant<br />
documentation. Many regional and international organizations are also<br />
observers in the work and annual sessions of the General Assembly.<br />
An introduction to the United Nations 7
What are the official languages of the United Nations?<br />
The official languages used at the United Nations are Arabic, Chinese, English, French, Russian<br />
and Spanish. The working languages at the UN Secretariat are English and French.<br />
A delegate may speak in any of the official languages, and the speech is interpreted simultaneously<br />
into the other official languages. Most UN documents are also issued in all six<br />
official languages. At times, a delegate may choose to make a statement using a non-official<br />
language. In such cases, the delegation must provide either an interpretation or a written text of<br />
the statement in one of the official languages.<br />
Originally English and French were established as working languages at the UN.<br />
Later, Arabic, Chinese, Russian and Spanish were added as working languages in the<br />
General Assembly and in the Economic and Social Council. English, French, Chinese,<br />
Russian and Spanish are the working languages of the Security Council.<br />
The United Nations Children’s Fund (UNICEF) brought together hundreds of children and UN staff as part of a global attempt to break the world record for the<br />
largest lesson. The lesson was the value and urgency of girls’ education.<br />
8<br />
Everything About the United Nations
How does a new State or Government obtain recognition<br />
by the United Nations?<br />
The recognition of a new State or Government is an act that only other States and<br />
Governments may grant or withhold. It generally implies readiness to assume diplomatic<br />
relations. The United Nations is neither a State nor a Government, and therefore<br />
does not possess any authority to recognize either a State or a Government. As<br />
an organization of independent States, it may admit a new State to its membership<br />
or accept the credentials of the representatives of a new Government.<br />
Membership in the Organization, in accordance with the Charter of the United<br />
Nations, “is open to all peace-loving States which accept the obligations contained<br />
in the [United Nations Charter] and, in the judgment of the Organization, are able<br />
to carry out these obligations”. States are admitted to membership in the United<br />
Nations by decision of the General Assembly upon the recommendation of the<br />
Security Council. The procedure is briefly as follows:<br />
1. The State submits an application to the Secretary-General and a letter<br />
formally stating that it accepts the obligations under the Charter.<br />
2. The Security Council considers the application. Any recommendation for<br />
admission must receive the affirmative votes of 9 of the 15 members of<br />
the Council, provided that none of its five permanent members — China,<br />
France, the Russian Federation, the United Kingdom of Great Britain<br />
and Northern Ireland and the United States of America — have voted<br />
against the application.<br />
3. If the Council recommends admission, the recommendation is presented<br />
to the General Assembly for consideration. A two-thirds majority<br />
vote is necessary in the Assembly for admission of a new State.<br />
4. Membership becomes effective the date the resolution for admission<br />
is adopted.<br />
At each session, the General Assembly considers the credentials of all representatives<br />
of Member States participating in that session. During such consideration,<br />
which routinely takes place first in the nine-member Credentials Committee but can<br />
also arise at other times, the issue can be raised whether a particular representative<br />
has been accredited by the Government actually in power. This issue is ultimately<br />
decided by a majority vote in the Assembly. It should be noted that the normal<br />
change of Governments, as through a democratic election, does not raise any issues<br />
concerning the credentials of the representative of the State concerned.<br />
: http://www.un.org/aboutun • http://www.un.org/members<br />
From 51 member states in 1945<br />
to 192 member states in 2008<br />
An introduction to the United Nations 9
Q&A Team Play<br />
Team Play<br />
When playing as team-mates (2 or more players on a team), team-mates can work<br />
together to arrive at an answer, but must reach a consensus before declaring an answer<br />
to the other players.<br />
1. In what year was the United Nations founded?<br />
2. How many Member States does the United Nations have?<br />
3. What are the official languages of the United Nations?<br />
4. Who coined the phrase “United Nations”?<br />
5. How many organs does the United Nations have?<br />
6. What was the League of Nations?<br />
7. Has any country ever quit the United Nations?<br />
8. What is the list of rules and regulations of the UN called?<br />
9. Name one of the aims and purposes of the United Nations.<br />
10. When and where was the United Nations Declaration signed?<br />
This is the United Nations flag. It has a blue background with a white emblem in<br />
the centre. The emblem has a world map with olive branches around it, signifying<br />
world peace. The emblem should be one half the height of the flag and<br />
entirely centred.<br />
10<br />
Everything About the United Nations
2<br />
The United Nations Family<br />
Some achievements by the UN System<br />
• The UN was a promoter of the great movement of decolonization,<br />
which led to the independence of more than 80 nations.<br />
• The UN system is a major purchaser of goods and services, totalling<br />
over $6.4 billion a year. UNICEF buys half the vaccines produced<br />
worldwide.<br />
• UN relief agencies together provide aid and protection to more<br />
than 23 million refugees and displaced persons worldwide.<br />
• The UN system defines technical standards in telecommunication,<br />
aviation, shipping and postal services, which make international<br />
transactions possible.<br />
• UN campaigns for universal immunization against childhood diseases<br />
have eradicated smallpox and reduced cases of polio by 99<br />
per cent.<br />
• The World Food Programme, the UN’s front-line food aid organization,<br />
ships over 5 million tonnes of food annually, feeding some 113<br />
million people in 80 countries.
The United Nations Family<br />
The UN Charter establishes six main organs of the United Nations. This is a summary of<br />
their composition and functions:<br />
THE GENERAL ASSEMBLY<br />
All members of the United Nations (currently<br />
192) are represented in the General Assembly.<br />
Each nation, rich or poor, large or small, has<br />
one vote. Decisions on such issues as international<br />
peace and security, admitting new members<br />
and the UN budget are decided by a twothirds<br />
majority. Other matters are decided by<br />
simple majority. In recent years, a special effort<br />
has been made to reach decisions through consensus,<br />
rather than by taking a formal vote.<br />
The General Assembly’s regular session begins<br />
each year in September and continues throughout the year. At the<br />
beginning of each regular session, the Assembly holds a general<br />
debate at which Heads of State or Government and others present<br />
views on a wide-ranging agenda of issues of concern to the international<br />
community, from war and terrorism to disease and poverty.<br />
In 2005, world leaders gathered at UN Headquarters in New York<br />
for the General Assembly High Level Summit and to commemorate<br />
the Organization’s 60th birthday. Each year, the Assembly<br />
elects a president who presides over–that is, runs–the meetings.<br />
The green and gold General Assembly<br />
Hall accommodates all 192 delegations.<br />
Each delegation has six seats, and there<br />
is a gallery for the media and the public,<br />
making a total of 1,898 seats.<br />
President of the 62nd Session of<br />
the General Assembly, Dr. Srgjan<br />
Kerim of the former Yugoslav<br />
Republic of Macedonia.<br />
Functions<br />
To discuss and make recommendations on any subject (except<br />
those being dealt with at the same time by the Security Council);<br />
To discuss questions related to military conflicts and the<br />
arms race;<br />
To discuss ways and means to improve the state of children,<br />
youth, women and others;<br />
To discuss the issues of sustainable development and human<br />
rights;<br />
To decide how much each Member country should pay to run<br />
the United Nations and how this money is spent.<br />
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Main Committees<br />
Most discussions in the General Assembly take place in its six main committees:<br />
First Committee (Disarmament and <strong>International</strong> Security)<br />
Second Committee (Economic and Financial)<br />
Third Committee (Social, Humanitarian and Cultural)<br />
Fourth Committee (Special Political and Decolonization)<br />
Fifth Committee (Administrative and Budgetary)<br />
Sixth Committee (Legal)<br />
One country, one vote<br />
In the General Assembly, each<br />
member has one vote. This rule<br />
applies to all nations, large and<br />
small. China has over a billion people.<br />
It has one vote. Palau, one of the<br />
smallest UN Member countries,<br />
has only 17,000 people. It, too,<br />
has one vote.<br />
Some recent actions by the General Assembly<br />
In 2006, United Nations Member States agreed on a process<br />
of reforming the work of the Assembly that involves speeding<br />
up the decision-making process, streamlining the Assembly’s<br />
agenda, and strengthening the role and authority of the Assembly<br />
President.<br />
In 2006, the Assembly approved the establishment of the new,<br />
strengthened Human Rights Council to replace the muchcriticized<br />
UN Human Rights Commission. The new Council that<br />
was inaugurated on 19 June 2006 in Geneva has a higher status<br />
in the UN system as a subsidiary body of the General Assembly.<br />
The Assembly designated 2001-2010 as Roll Back Malaria<br />
decade in developing countries, particularly in Africa. The Roll<br />
Back Malaria movement helps prevent disease and improves<br />
lives. It is estimated that malaria kills up to 2.7 million persons<br />
each year; 90 per cent of these deaths occur in Africa, and<br />
children under the age of five years are the most vulnerable.<br />
Malaria kills more than 3,000 African children every day.<br />
At the United Nations Summit in 2000, and reconfirmed in<br />
2005, world leaders set goals in a landmark Millennium Declaration<br />
to make the world of the twenty-first century a safer and<br />
better place.<br />
: www.un.org/ga<br />
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THE SECURITY COUNCIL<br />
While the General Assembly can discuss any world<br />
concern, the Security Council has primary responsibility<br />
for questions of peace and security.<br />
Membership<br />
The Security Council has fifteen members. Five are<br />
permanent members: China, France, the Russian Federation,<br />
the United Kingdom and the United States.<br />
The other ten non-permanent members are elected<br />
by the General Assembly for two-year terms and are<br />
chosen on the basis of geographical representation.<br />
Functions<br />
To investigate any dispute or situation which might lead to<br />
international conflict;<br />
To recommend methods and terms of settlement;<br />
To recommend actions against any threat or act of aggression;<br />
To recommend to the General Assembly who should be appointed<br />
Secretary-General of the United Nations.<br />
The Security Council chamber, a<br />
gift from Norway, was designed<br />
by Norwegian artist Arnstein<br />
Arneberg. A large mural by Per<br />
Krohg (Norway), symbolizing<br />
the promise of future peace<br />
and individual freedom, covers<br />
most of the east wall.<br />
Meetings<br />
The Security Council, unlike the General Assembly, does not hold regular meetings. It can be called<br />
to meet at any time on short notice. The members take turns at being President of the Council for a<br />
month at a time. They serve in the English alphabetical order of the names of their countries.<br />
To pass a resolution in the Security Council, nine members of the Council must vote “yes”, but if<br />
any of the five permanent members votes “no”, it is called a veto, and the resolution does not pass.<br />
: www.un.org/docs/sc/<br />
Secretary-General Ban Ki-moon speaks with Red Cross<br />
Youth students in the Security Council.<br />
Some recent actions by the Security Council<br />
In July 2007, the Council voted unanimously to deploy a<br />
26,000-strong joint United Nations-African Union Mission<br />
in Darfur (UNAMID) in an attempt to quell the violence in<br />
Sudan’s western Darfur region, where fighting between pro-<br />
Government militias and rebel guerillas has killed more than<br />
250,000 people since 2003.<br />
The Council established two international criminal tribunals<br />
to prosecute crimes against humanity in the former Yugoslavia<br />
and in Rwanda.<br />
Following the terrorist attacks on the United States on<br />
11 September 2001, the Council established its Counter-<br />
Terrorism Committee to help States increase their capability<br />
to fight terrorism.<br />
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Is it fair that only five major Powers have the right to veto?<br />
At the end of World War II, China, France, the<br />
Russian Federation (originally the USSR),<br />
the United Kingdom and the United States<br />
played key roles in the establishment of<br />
the United Nations. The creators of the UN<br />
Charter conceived that these five countries<br />
would continue to play important roles in<br />
the maintenance of international peace and<br />
security. So the “big five” were given a special<br />
voting power known as the “right to veto”. It<br />
was agreed by the drafters that if any one of the “big five” cast a negative vote in the<br />
15-member Security Council, the resolution or decision would not be approved.<br />
THE ECONOMIC AND SOCIAL COUNCIL<br />
(ECOSOC)<br />
The Economic and Social Council is the forum<br />
to discuss economic problems, such as trade,<br />
transport, economic development, and social<br />
issues. It also helps countries reach agreement<br />
on how to improve education and health conditions<br />
and to promote respect for and observance<br />
of universal human rights and freedoms<br />
of people everywhere.<br />
Functions<br />
Serves as the main forum for international economic and<br />
social issues;<br />
A gift from Sweden, the ECOSOC chamber was<br />
designed by Sven Markelius of Sweden.<br />
Promotes higher standards of living, full employment and economic and social progress;<br />
Advances solutions to international economic, social and health-related problems, as well as<br />
international cultural and educational cooperation.<br />
Membership<br />
The Council has 54 members, who serve for three-year terms. Voting in the Council is by simple<br />
majority; each member has one vote. Each year, the Council holds several short sessions with<br />
regard to the organization of its work, often including representatives of civil society. The Economic<br />
and Social Council also holds an annual four-week substantive session in July, alternating<br />
the venue between Geneva and New York.<br />
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Subsidiary bodies<br />
ECOSOC has many commissions to administer the wide range of issues that fall within<br />
its purview. Among them, the Commission on Narcotic Drugs, the Commission for Social<br />
Development, the Commission on Population and Development, the Commission on the<br />
Status of Women, the Statistical Commission, the Commission on Crime Prevention and<br />
Criminal <strong>Justice</strong>, the Commission on Sustainable Development, the Commission on Science<br />
and Technology for Development and the United Nations Forum on Forests.<br />
The Council also directs 5 regional commissions: the Economic Commission for Africa (ECA),<br />
the Economic Commission for Europe (ECE), the Economic Commission for Latin America<br />
and the Caribbean (ECLAC), the Economic and Social Commission for Asia and the Pacific<br />
(ESCAP), and the Economic and Social Commission for Western Asia (ESCWA).<br />
Some UN Specialized Agencies, Funds and Programmes<br />
The Economic and Social Council considers reports from several specialized agencies, funds<br />
and programmes, each of which is a separate organization with its own membership, budget<br />
and headquarters. A partial list follows.<br />
UNDP<br />
www.undp.org<br />
UNICEF<br />
www.unicef.org<br />
UNEP<br />
www.unep.org<br />
UNFPA<br />
www.unfpa.org<br />
UNHCR<br />
www.unhcr.org<br />
ILO<br />
www.ilo.org<br />
IMF<br />
www.imf.org<br />
The United Nations Development Programme is the UN’s global development<br />
network, advocating for change and connecting countries<br />
to knowledge, experience and resources to help people build a better<br />
life. UNDP is on the ground in 166 countries, working with them on<br />
their own solutions to global and national development challenges.<br />
The United Nations Children’s Fund is the main UN organization<br />
defending, promoting and protecting children’s rights. It also works<br />
towards protecting the world’s most disadvantaged children.<br />
The United Nations Environment Programme provides leadership<br />
and encourages partnership in caring for the environment. It supports<br />
environmental monitoring, assessment and early warning.<br />
The United Nations Population Fund promotes the right of women, men<br />
and children to enjoy a healthy life. UNFPA supports countries in using<br />
population data for policies and programmes to reduce poverty and to<br />
ensure that every pregnancy is wanted, every birth is safe and every girl<br />
and woman is treated with dignity and respect.<br />
The United Nations High Commissioner for Refugees provides legal<br />
protection for refugees and seeks durable solutions to their problems,<br />
either by helping them to return voluntarily to their homes or to settle<br />
in other countries.<br />
The <strong>International</strong> Labour Organization formulates policies and programmes<br />
to promote basic human rights of workers, improve working<br />
and living conditions and enhance employment opportunities.<br />
The <strong>International</strong> Monetary Fund ensures that the global monetary<br />
and financial system is stable. It advises on key economic policies,<br />
provides temporary financial assistance and training, promotes<br />
growth and alleviates poverty.<br />
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FAO<br />
www.fao.org<br />
UNESCO<br />
www.unesco.org<br />
WHO<br />
www.who.org<br />
World Bank<br />
www.worldbank.<br />
org<br />
ICAO<br />
www.icao.int<br />
IMO<br />
www.imo.org<br />
ITU<br />
www.itu.int<br />
UPU<br />
www.upu.int<br />
WMO<br />
www.wmo.int<br />
WIPO<br />
www.wipo.int<br />
IFAD<br />
www.ifad.org<br />
UNIDO<br />
www.unido.org<br />
The Food and Agriculture Organization works to eradicate hunger and<br />
malnutrition and to raise levels of nutrition. It also assists its Member<br />
States in the sustainable development of their agricultural sector.<br />
The United Nations Educational, Scientific and Cultural Organization<br />
promotes international cooperation and facilitates the<br />
exchange of information in the fields of education, science, culture<br />
and communications.<br />
The World Health Organization directs and coordinates international<br />
health work. It also promotes and coordinates research on preventing<br />
disease.<br />
The World Bank provides low-interest loans and interest-free credits<br />
and grants to developing countries for education, health, infrastructure,<br />
communications and other purposes.<br />
The <strong>International</strong> Civil Aviation Organization assures the safe, secure,<br />
orderly and sustainable development of international air transport<br />
while minimizing the adverse effect of global civil aviation on the<br />
environment.<br />
The <strong>International</strong> Maritime Organization is responsible for safe, secure<br />
and efficient shipping on clean oceans and the prevention of marine<br />
pollution from ships.<br />
The <strong>International</strong> Telecommunications Union works with governments<br />
and the private sector to coordinate the operation of global telecommunications<br />
networks and services. From broadband internet to latest-generation<br />
wireless technologies, from aeronautical and maritime navigation<br />
to radio astronomy and satellite-based meteorology, from phone and fax<br />
services to television broadcasting, ITU helps the world communicate.<br />
The Universal Postal Union fosters the sustainable development of<br />
quality universal, efficient, accessible postal services in order to facilitate<br />
communication among the people of the world.<br />
The World Meteorological Organization coordinates global scientific<br />
activity on the state and behaviour of the Earth’s atmosphere, its<br />
interaction with the oceans, the climate it produces and the resulting<br />
distribution of water resources.<br />
The World Intellectual Property Organization ensures that the rights of<br />
creators and owners of intellectual property are protected worldwide<br />
and that inventors and authors are, thus, recognized and rewarded for<br />
their ingenuity.<br />
The <strong>International</strong> Fund for Agricultural Development provides direct<br />
funding and mobilizes additional resources for programmes designed<br />
to promote the economic advancement of the rural poor. 800 million<br />
women, children and men live in rural areas and depend on agriculture<br />
and related activities for their livelihoods.<br />
The United Nations Industrial Development Organization helps countries<br />
improve their national development policies and regulatory frameworks.<br />
Its tailor-made programmes support market access and access to finance<br />
for micro, small and medium scale agro-industrial development.<br />
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UNWTO<br />
www.world-tourism.org<br />
UNODC<br />
www.unodc.org<br />
UNIFEM<br />
www.unifem.org<br />
WFP<br />
www.wfp.org<br />
UNHABITAT<br />
www.unhabitat.<br />
org<br />
The World Tourism Organization promotes the development of responsible,<br />
sustainable and universally accessible tourism, with the aim<br />
of contributing to economic development, international understanding,<br />
peace, prosperity and universal respect for, and observance of,<br />
human rights and fundamental freedoms. It pays particular attention<br />
to the interests of developing countries in the field of tourism.<br />
The United Nations Office on Drugs and Crime assists countries in<br />
their struggle against illicit drugs, crime and terrorism. It seeks to increase<br />
understanding of drug and crime issues and to assist countries<br />
in developing domestic legislature and implementing international<br />
treaties.<br />
The United Nations Development Fund for Women provides financial<br />
and technical assistance to innovative programmes and strategies to<br />
foster women’s empowerment and gender equality, and acts as a catalyst<br />
to ensure the appropriate involvement of women in mainstream<br />
development activities.<br />
The World Food Programme supplies food to sustain victims of manmade<br />
and natural disasters, improves the nutrition and quality of<br />
life of the most vulnerable people at critical times in their lives, and<br />
promotes self-reliance of people and communities.<br />
The United Nations Human Settlements Programme promotes socially<br />
and environmentally sustainable towns and cities with the goal of<br />
ensuring adequate shelter for all.<br />
THE TRUSTEESHIP COUNCIL<br />
In 1945, when the United Nations was established,<br />
there were eleven territories (mostly in Africa and in<br />
the Pacific Ocean) that were placed under international<br />
supervision. The major goals of the Trusteeship System<br />
were to promote the advancement of the inhabitants<br />
of Trust Territories and their progressive development<br />
towards self-government or independence.<br />
The Trusteeship Council chamber was furnished<br />
by Denmark and designed by Finn Juhl, a Dane.<br />
Against one wall is a nine-foot statue of a woman<br />
with arms up-raised carved from teak by Henrik<br />
Starcke, also a Dane.<br />
Membership<br />
The Trusteeship Council is composed of the permanent<br />
members of the Security Council (China, France,<br />
the Russian Federation, the United Kingdom and the<br />
United States). Each member has one vote, and decisions<br />
are made by a simple majority.<br />
Meetings<br />
Since the last Trust Territory — Palau, formerly administered<br />
by the United States — achieved self-government<br />
in 1994, the Council has formally suspended<br />
operations after nearly half a century. It will meet only<br />
as the need arises.<br />
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Decolonization<br />
FACT SHEET<br />
In 1945, half of the world’s people lived in countries that were controlled by outsiders. These<br />
countries, known as colonies, were divided by a handful of major Powers, including Great<br />
Britain, France and Portugal. Through the process known as decolonization, the United Nations<br />
has helped most of the colonies gain independence. The General Assembly, in 1960, adopted a<br />
declaration to urge the speedy independence of all colonies and peoples. The following year it<br />
set up the Special Committee on Decolonization. As a result of the UN’s decolonization efforts,<br />
more than 80 former colonies are now themselves members of the United Nations. Today, only<br />
1.5 million people live in dependent territories.<br />
The <strong>International</strong> Court of <strong>Justice</strong> in observance of its 60th anniversary<br />
at the Peace Palace at the Hague in the Netherlands.<br />
THE INTERNATIONAL COURT OF JUSTICE<br />
The <strong>International</strong> Court of <strong>Justice</strong> (ICJ) was established<br />
in 1946 as the main UN organ for handing<br />
down legal judgments. Only countries, not individuals,<br />
can take cases before the Court. Once a<br />
country agrees to let the Court act on a case, it<br />
must agree to comply with the Court’s decision.<br />
In addition, other organs of the UN may seek an<br />
advisory opinion from the Court.<br />
As of June 2006, the ICJ had delivered 92 judgments<br />
on disputes between states, including cases<br />
on territorial boundaries, diplomatic relations,<br />
not interfering in countries’ domestic affairs, and<br />
hostage-taking.<br />
Composition<br />
The Court sits at the Peace Palace in The Hague,<br />
Netherlands. It has fifteen judges who are elected by<br />
the General Assembly and the Security Council. No<br />
two judges can come from the same country. Nine<br />
judges have to agree before a decision can be made.<br />
All the judgments passed by the Court are final and<br />
without appeal. If one of the states involved fails<br />
to comply with the decision, the other party may<br />
take the issue to the Security Council. On 6 February<br />
2006, Judge Rosalyn Higgins (United Kingdom),<br />
the sole woman Member of the Court, was elected<br />
the first female President of the <strong>International</strong> Court<br />
for a term of three years.<br />
After an international competition, French architect Louis Cordonnier’s<br />
design of the Peace Palace now stands in The Hague, Netherlands. It has<br />
housed the <strong>International</strong> Court of <strong>Justice</strong> and its predecessors since 1913.<br />
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Some recent decisions by the <strong>International</strong> Court of <strong>Justice</strong><br />
After the Court concluded public hearings in 2006, it decided to hear the case brought by Bosnia<br />
and Herzegovina alleging that Serbia and Montenegro had breached their obligations under the<br />
Convention on the Prevention and Punishment of the Crime of Genocide.<br />
In 2004, the Court unanimously reaffirmed that Israel’s construction of the wall in the Occupied<br />
Palestinian Territory violates international law.<br />
In 2002, the Court ruled on the border dispute between Nigeria and Cameroon, placing the main<br />
territory under dispute, the Bakassi Peninsula, under Cameroonian sovereignty.<br />
: www.icj-cij.org<br />
FACT CHECK<br />
What are some other international courts?<br />
The <strong>International</strong> Court of <strong>Justice</strong> (ICJ) rules on disputes between<br />
governments. However, it does not prosecute individuals.<br />
The <strong>International</strong> Criminal Tribunals for the former Yugoslavia and<br />
Rwanda do try individuals accused of having committed crimes<br />
against humanity, but only in those specified countries.<br />
THE SECRETARIAT<br />
The Secretariat, headed by the Secretary-General, consists of an<br />
international staff working at the United Nations Headquarters<br />
in New York, and all over the world. It carries out the day-to-day<br />
work of the Organization. Its duties are as varied as the problems<br />
dealt with by the United Nations. These range from administering<br />
peacekeeping operations to mediating international disputes or<br />
surveying social and economic trends and problems. The Secretariat<br />
is responsible for servicing the other organs of the United Nations<br />
and administering the programmes and policies laid down by them.<br />
Over 5,000 people, drawn from all parts of the<br />
world, work at the UN Headquarters in New York.<br />
Who it serves<br />
The United Nations Headquarters was designed to serve four major groups: delegations, who represent<br />
the 192 current Member States and who send more than 5,000 persons to New York each year for the<br />
annual sessions of the General Assembly; the international staff or Secretariat, numbering about 5,478<br />
persons in New York; visitors, estimated at about 1 million in 2007; and journalists, close to 2,000 of<br />
whom are permanently accredited while nearly 5,000 are present during major meetings. There are also<br />
more than 3,000 non-governmental organizations accredited to the United Nations, many of whom<br />
attend meetings at Headquarters. The aggregate annual income to New York resulting from the UN<br />
presence is estimated at $3.3 billion.<br />
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Functions<br />
<br />
<br />
<br />
<br />
To gather and prepare background information on various problems so that the<br />
government delegates can study the facts and make their recommendations;<br />
To help carry out the decisions of the United Nations;<br />
To organize international conferences;<br />
To interpret speeches and translate documents into the UN’s official languages.<br />
Composition<br />
The Secretary-General is the chief officer of the United Nations. He or she is assisted by a<br />
staff of international civil servants. Unlike diplomats, who represent a particular country,<br />
the civil servants work for all 192 Member countries and take their orders not from governments,<br />
but from the Secretary-General.<br />
How is the UN Secretary-General appointed?<br />
The Secretary-General is appointed for a period of five years by the General Assembly on the<br />
recommendation of the Security Council. There have been eight Secretaries-General since the<br />
UN was created. The appointment of the Secretary-General follows a regional rotation.<br />
• Trygve Lie (Norway) 1946-1952<br />
• Dag Hammarskjöld (Sweden) 1953-1961<br />
• U Thant (Myanmar) 1961-1971<br />
• Kurt Waldheim (Austria) 1972-1981<br />
• Javier Pérez de Cuéllar (Peru) 1982-1991<br />
• Boutros Boutros-Ghali (Egypt) 1992-1996<br />
• Kofi Annan (Ghana) 1997-2006<br />
• Ban Ki-moon (South Korea) 2007-<br />
Some functions of the Secretary-General<br />
The UN Charter describes the Secretary-General as the “chief administrative officer” of the<br />
Organization, who shall act in the capacity and perform “functions as are entrusted” to him or<br />
her by the General Assembly, Security Council, Economic and Social Council and other United<br />
Nations organs. The Charter also empowers the Secretary-General to bring to the attention of the<br />
Security Council any matter that threatens international peace and security.<br />
<br />
<br />
<br />
<br />
To propose issues to be discussed by the General<br />
Assembly or any other organ of the United<br />
Nations;<br />
To bring to the attention of the Security Council<br />
any problem which the Secretary-General feels<br />
may threaten world peace;<br />
To act as a “referee” in disputes between Member<br />
States;<br />
To offer his or her “good offices”.<br />
FACT CHECK<br />
Dag Hammarskjöld<br />
Does the Secretary-General act alone?<br />
No. The Secretary-General does not act without<br />
the support and approval of the United Nations<br />
Member States. Any course of action, whether it<br />
concerns sending peacekeeping troops to war-torn<br />
areas or helping a country rebuild after a war or a<br />
natural disaster, must be set by the Member States.<br />
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BAN KI-MOON<br />
Ban Ki-moon of the Republic of Korea (ROK), the eighth<br />
Secretary-General of the United Nations, brings to his post 37<br />
years of service both in government and on the global stage.<br />
Career highlights At the time of his election as Secretary-<br />
General, Mr. Ban was his country’s Minister of Foreign<br />
Affairs and Trade. His long tenure with the ministry included<br />
postings in New Delhi, Washington D.C. and Vienna, and<br />
responsibility for a variety of portfolios, including Foreign<br />
Policy Advisor to the President, Chief National Security<br />
Advisor to the President, Deputy Minister for Policy Planning and Director-General<br />
of American Affairs. Throughout this service, his guiding vision was that of a peaceful<br />
Korean peninsula, playing an expanding role for peace and prosperity in the<br />
region and the world.<br />
Mr. Ban has long-standing ties with the United Nations, dating back to 1975, when<br />
he worked for the Foreign Ministry’s United Nations Division. That work expanded<br />
over the years, with assignments as First Secretary at the ROK’s Permanent Mission<br />
to the UN in New York, Director of the UN Division at the Ministry’s headquarters<br />
in Seoul, and Ambassador to Vienna, during which time, in 1999, he served as<br />
Chairman of the Preparatory Commission for the Comprehensive Nuclear Test Ban<br />
Treaty Organization. In 2001-2002, as Chef-de-Cabinet during the ROK’s Presidency<br />
of the General Assembly, he facilitated the prompt adoption of the first resolution<br />
of the session, condemning the terrorist attacks of 11 September, and undertook a<br />
number of initiatives aimed at strengthening the Assembly’s functioning, thereby<br />
helping to turn a session that started out in crisis and confusion into one in which<br />
a number of important reforms were adopted.<br />
Mr. Ban has also been actively involved in issues relating to inter-Korean relations.<br />
In 1992, as Special Advisor to the Foreign Minister, he served as Vice Chair<br />
of the South-North Joint Nuclear Control Commission following the adoption of<br />
the historic Joint Declaration on the Denuclearization of the Korean peninsula.<br />
In September 2005, as Foreign Minister, he played a leading role in bringing about<br />
another landmark agreement aimed at promoting peace and stability on the Korean<br />
peninsula with the adoption at the Six Party Talks of the Joint Statement on resolving<br />
the North Korean nuclear issue.<br />
Education Mr. Ban received a bachelor’s degree in international relations from<br />
Seoul National University in 1970. In1985, he earned a master’s degree in public<br />
administration from the Kennedy School of Government at Harvard University.<br />
Prizes and awards Mr. Ban has received numerous national and international<br />
prizes, medals and honours. In 1975, 1986 and again in 2006, he was awarded the<br />
ROK’s Highest Order of Service Merit for service to his country.<br />
Personal Mr. Ban was born on 13 June 1944. He and his wife, Madam Yoo (Ban)<br />
Soon-taek, whom he met in high school in 1962, have one son and two daughters. In<br />
addition to Korean, Mr. Ban speaks English and French.<br />
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The seventh Secretary-General of<br />
the United Nations, Mr. Kofi Annan,<br />
holds the Nobel Peace Prize<br />
awarded to the United Nations<br />
and to him.<br />
Why a Nobel peace prize for the United Nations?<br />
The Norwegian Nobel Committee decided to award the Nobel Peace Prize for 2001<br />
in two equal portions–to the United Nations and to its Secretary-General, Kofi Annan<br />
– “for their work for a better organized and more peaceful world.”<br />
The Committee said the end of the Cold War had at last made it possible for the UN<br />
to perform more fully the part it was originally intended to play; the Organization<br />
was at the forefront of efforts to achieve peace and security in the world, and central<br />
to the international mobilization aimed at meeting the world’s economic, social and<br />
environmental challenges. Besides, Secretary-General Kofi Annan had been preeminent<br />
in bringing new life to the Organization, “while clearly underlining the UN’s<br />
traditional responsibility for peace and security, he has also emphasized its obligations<br />
with regard to human rights.” In its statement announcing the peace prize, the<br />
Nobel Committee acknowledged “he has risen to such new challenges as HIV/AIDS<br />
and international terrorism, and brought about more efficient utilization of the UN’s<br />
modest resources.”<br />
In 2007, the UN Intergovernmental Panel on Climate Change was awarded the Nobel Peace Prize jointly<br />
with Albert Arnold Gore Jr, former Vice-President of the United States. This was the fifteenth time the UN<br />
was honoured by the Nobel Committee with the peace award. Previous winners were: the <strong>International</strong><br />
Atomic Energy Agency and Mohamed ElBaradei, IAEA Director-General ( 2005); the United Nations and Kofi<br />
Annan, UN Secretary-General (2001); the UN Peacekeeping Forces (1988); Seán MacBride, UN Commissioner<br />
for Namibia (1974); Lester Bowles Pearson, for striving to end the Suez conflict and<br />
Middle East question through the UN (1957); the Office of the UN High Commissioner for<br />
Refugees (1954 and 1981); the <strong>International</strong> Labour Organization (1969); the UN Children’s<br />
Fund (1965); Dag Hammarskjöld, UN Secretary-General (1961); Léon Jouhaux, a<br />
founder of the ILO (1951); Ralph Bunche, UN Trusteeship Director (1950); Lord John Boyd<br />
Orr, founding Director-General of the UN Food and Agricultural Organization (1949); and<br />
Cordell Hull, US Secretary of State instrumental in establishing the United Nations (1945).<br />
Q&A Team Play<br />
Team Play<br />
When playing as team-mates (2 or more players on a team), team-mates can work together to arrive at an answer, but<br />
must reach a consensus before declaring an answer to the other players.<br />
1. What does UNICEF stand for?<br />
2. Where is the <strong>International</strong> Court of <strong>Justice</strong> located?<br />
3. What is the name of the UN agency that deals with<br />
refugees?<br />
4. What is a veto?<br />
5. How many votes does each Member State have in the<br />
General Assembly?<br />
6. What is the main judicial organ of the United Nations?<br />
7. How many members does the Security Council have?<br />
8. True or false- China has more votes at the General Assembly<br />
than Monaco because its population is larger?<br />
9. On what does the General Assembly discuss and/or<br />
make suggestions?<br />
10. With what is ECOSOC concerned?<br />
11. Which Trust territory was the last country to achieve<br />
self-government thanks to the Trusteeship Council?<br />
12. The judges of the <strong>International</strong> Court of <strong>Justice</strong> come<br />
from how many different countries?<br />
13. Who are the members of the Secretariat?<br />
14. How many times has the United Nations system been<br />
awarded the Nobel Peace Prize?<br />
24<br />
Everything About the United Nations
3<br />
The United Nations works<br />
for international peace<br />
and security<br />
UN peacemaking efforts<br />
• UN peacebuilding in post-conflict situations often includes overseeing<br />
the collection and destruction of hundreds of thousands of<br />
weapons and facilitating the reintegration of former combatants<br />
into civil society.<br />
• The UN played a crucial role in encouraging countries to support<br />
the 1997 Ottawa Convention - which provides for the total ban on<br />
the production, export and use of landmines - and continues to<br />
promote universal adherence to this treaty.<br />
• UN support has resulted in a wide range of agreements, including<br />
the Nuclear Non-Proliferation Treaty, the Comprehensive Nuclear-<br />
Test-Ban Treaty, and treaties to establish nuclear-free zones.<br />
• During the 1990s, more than 2 million children were killed and 6 million<br />
seriously injured in conflicts involving revolvers, assault rifles,<br />
mortars, hand grenades and portable missile launchers. At a UN<br />
Conference on the Illicit Trade in Small Arms and Lights Weapons<br />
in 2001, States agreed on measures to strengthen international<br />
cooperation in curbing this illegal arms trade.
26<br />
Everything About the United Nations
The United Nations works for<br />
international peace and security<br />
The UN was created to keep peace. How does it do that?<br />
The United Nations serves as a global forum where countries can raise and discuss the<br />
most difficult issues, including problems of war and peace. When government leaders talk<br />
to each other face-to-face, a dialogue is established. This can result in agreement on how<br />
to peacefully settle disputes. When many countries speak with one voice – or by consensus<br />
– it creates a global pressure on all. The Secretary-General, either directly or through a<br />
representative, may also advance a dialogue between and among nations.<br />
Blue helmets and uniforms<br />
Who commands the peacekeeping operations?<br />
Peacekeeping operations are established by the Security<br />
Council and directed by the Secretary-General,<br />
often through a special representative. When a threat<br />
to peace is brought before the Council, it usually<br />
first asks the parties to reach agreement by peaceful<br />
means. If fighting breaks out or persists, the Council<br />
tries to secure a ceasefire. It may then send peacekeeping<br />
missions to troubled areas to restore peace<br />
or call for economic sanctions and embargoes.<br />
Has the UN stopped any war?<br />
The UN has helped prevent many conflicts from flaring up into full-scale wars. It has also negotiated the<br />
peaceful settlement of conflicts. On many occasions, the UN has provided a mechanism to help defuse<br />
hostilities, for example, the Berlin crisis (1948-1949), the Cuban missile crisis (1962) and the 1973 Middle<br />
East crisis. In each of these cases, UN intervention helped prevent war between the super-powers.<br />
The UN also played a major role in ending wars in the Congo (1964), between Iran and Iraq (1988), and<br />
in El Salvador (1992) and Guatemala (1996). The UN led the way to a peace that has brought sustained<br />
economic growth in Mozambique (1994); independence to Timor-Leste (2002) and in December 2005,<br />
the Organization successfully completed its peacekeeping mandate in Sierra Leone.<br />
Other accomplishments include:<br />
<br />
<br />
<br />
The UN Transition Assistance Group (UNTAG) supervised Namibia’s first free and fair elections,<br />
leading to its independence.<br />
In Cambodia, the UN Transitional Authority in Cambodia (UNTAC) monitored a ceasefire<br />
and withdrawal of foreign forces, supervised various government offices and organized a free<br />
and fair election.<br />
In the former Yugoslavia, the United Nations Protection Force (UNPROFOR) worked to protect<br />
the civilians in demilitarized zones and to enable the delivery of humanitarian assistance.<br />
The United Nations works for international peace and security 27
What happens when a country ignores the decisions of the Security Council?<br />
When decisions of the Security Council are not complied with, the Council may take several<br />
actions to ensure their implementation. Should a country threaten or breach the peace or commit<br />
an act of aggression, it may impose economic and trade sanctions, or other specific measures<br />
such as arms and travel ban and diplomatic restrictions. It can also authorize the use of force in<br />
certain instances. But these measures are usually a last resort, to be used only if peaceful means<br />
of settling a dispute have been exhausted.<br />
The Security Council can authorize a coalition of Member States to use “all necessary means”,<br />
including military action, to deal with a conflict as for example :<br />
in 1991 to restore the sovereignty of Kuwait after its invasion by Iraq;<br />
in 1992 to secure the environment for humanitarian relief to be delivered in Somalia;<br />
in 1994 to restore the democratically-elected government in Haiti;<br />
in 1999 to restore peace and security in East Timor.<br />
Does the UN have an army?<br />
No, the United Nations has no standing international police or military force. Troops<br />
who serve in the UN peacekeeping operations are voluntarily contributed by the Member<br />
States. Civilians, often drawn from the UN itself, also play a key role in forming<br />
such operations.<br />
UN Peacekeepers on patrol in El Arish, Egypt.<br />
The first UN peacekeeping operation, the UN Truce Supervision<br />
Organization, was created in 1948 following a war between Israel and its<br />
Arab neighbours. To this day, UNTSO’s military observers remain in the<br />
region to monitor ceasefires and supervise agreements.<br />
28<br />
Everything About the United Nations
What, then, is a peacekeeping operation?<br />
Peacekeeping has traditionally been defined as the use of multinational forces, under UN command,<br />
to help control and resolve conflicts between countries. Peacekeeping operations fulfill the<br />
role of a neutral third party to help create and maintain a ceasefire and form a buffer zone between<br />
warring parties. They also provide electoral assistance and help in clearing deadly landmines.<br />
As peacekeepers maintain peace on the ground, mediators from the United Nations meet with<br />
leaders from the disputing parties or countries and try to reach a peaceful solution.<br />
There are two types of peacekeeping operations: observer missions and peacekeeping forces.<br />
Observers are not armed. Soldiers of UN peacekeeping forces carry light weapons, which they may<br />
use only in self-defence. The UN peacekeepers are easily identifiable by the UN insignia and the<br />
blue beret they wear when on duty. The blue helmet, which has become the symbol of UN peacekeepers,<br />
is carried during all operations and is worn when there is danger. Peacekeepers wear their<br />
own national uniforms. Governments that volunteer personnel retain ultimate control over their<br />
own military forces serving under the UN flag.<br />
Why does the UN have so many peacekeeping operations?<br />
Peacekeeping operations are created in response to serious military or humanitarian crises. In the<br />
past, peacekeepers were mainly involved in keeping peace between warring nations. But now many<br />
nations are at war with themselves. Due to civil strife and ethnic conflicts, some governments are<br />
unable to exercise authority over their own territory, causing great human suffering. In such situations,<br />
the United Nations is often asked, on the one hand, to negotiate a settlement and, on the<br />
other, to provide emergency relief to the people affected by the conflict. Working under difficult<br />
conditions, the United Nations integrates humanitarian assistance with efforts to resolve the crisis.<br />
What are some recent United Nations peacekeeping operations?<br />
In the first 40 years of its history (1945-1985); the United Nations set up only 13 peacekeeping operations.<br />
In the 20 years since then (1986-2006), 47 peacekeeping missions were deployed.<br />
United Nations-African Union Mission in Darfur (UNAMID)<br />
A joint African Union/United Nations Hybrid operation in Darfur was authorized by the Security Council<br />
on 31 July 2007. The Council, acting under Chapter VII of the United Nations Charter, authorized UNA-<br />
MID to take necessary action to support the implementation of the Darfur<br />
Peace Agreement, as well as to protect its personnel and civilians, without<br />
“prejudice to the responsibility of the Government of Sudan”. The Council<br />
decided that UNAMID would start implementing its mandated tasks no later<br />
than 31 December 2007.<br />
Sudanese refugees in Iridimi Camp in<br />
Chad.<br />
United Nations Mission in the Central African Republic and Chad<br />
(MINURCAT)<br />
On 25 September 2007, the Security Council approved the establishment<br />
in Chad and the Central African Republic, in concert with the European<br />
Union, of a multi-dimensional presence intended to help create the security<br />
conditions conducive to a voluntary, secure and sustainable return<br />
of refugees and displaced persons. The Council decided that the multidimensional<br />
presence would include a United Nations Mission in the<br />
Central African Republic and Chad.<br />
The United Nations works for international peace and security 29
UN Peacekeeping troops from Rwanda mount the guard<br />
during the commemoration of the <strong>International</strong> Day of<br />
United Nations Peacekeepers, at the Headquarters of the<br />
United Nations Mission in the Sudan (UNMIS) in Khartoum.<br />
United Nations Mission in the Sudan (UNMIS)<br />
On 24 March 2005, the Security Council voted unanimously<br />
to send 10,000 troops and more than 700<br />
civilian police to southern Sudan to support the peace<br />
agreement between the Government of Sudan and the<br />
Sudan People’s Liberation Movement/Army (SPLM/A),<br />
which ended more than two decades of civil strife.<br />
Until the signing of the Comprehensive Peace Agreement<br />
in 2005, there had been 21 years of continuous<br />
fighting over resources, power, the role of religion and<br />
self-determination in southern Sudan. Over two million<br />
people died, four million people were uprooted and<br />
some 600,000 people fled the country as refugees.<br />
United Nations Integrated Mission in Timor-Leste (UNMIT)<br />
The UN was called in to East Timor (now Timor-Leste) in late 1999 to guide the Timorese towards statehood<br />
in the wake of violence and devastation that followed a UN-led consultation on integration with<br />
Indonesia. The UN established an effective administration, enabled refugees to return, helped to develop<br />
civil and social services, ensured humanitarian assistance, supported capacity-building for self-governance<br />
and helped to establish conditions for sustainable development. In 2005, the peacekeeping mission<br />
was transformed into an assitance and peacebuilding mission.<br />
United Nations Mission in Sierra Leone<br />
(UNAMSIL)<br />
The efforts of the international community to end<br />
an 11-year civil war and move the country towards<br />
peace enabled Sierra Leone since 2002 to enjoy<br />
a much improved security environment. After a<br />
decisive intervention by British troops in 2001, the<br />
UN helped disarm and demobilize some 75,000<br />
combatants. UN peacekeepers reconstructed roads;<br />
renovated and built schools, houses of worship and<br />
clinics; and initiated agricultural projects and welfare<br />
programmes. UNAMSIL also helped Sierra Leone to<br />
ensure that the rights of its citizens were fully protected;<br />
to bring to justice those who bore the greatest<br />
responsibility for serious violations of international<br />
humanitarian law through the UN-backed Special<br />
Court for Sierra Leone; and to develop a professional<br />
and democratic police force. A new mission—the<br />
United Nations Integrated Office for Sierra Leone<br />
(UNIOSIL)—was established by the Security Council<br />
60<br />
years of peacekeeping<br />
(1948-2008)<br />
63 peacekeeping operations<br />
since 1948<br />
16 current operations (2008)<br />
107,503 personnel serving<br />
in current peacekeeping<br />
operations<br />
2,493 fatalities<br />
One Nobel peace prize<br />
to help consolidate the peace, strengthen human rights, develop the economy, improve transparency<br />
and hold elections in 2007. The United Nations Mission in Sierra Leone, which came to a close at the<br />
end of 2005, could serve as a prototype for the UN’s new emphasis on peacebuilding.<br />
30<br />
Everything About the United Nations
What else does the UN do for peace?<br />
The UN’s work for peace does not end with the successful conclusion of a peacekeeping<br />
mission. In the aftermath of a conflict, the UN helps displaced persons and<br />
refugees to return to their homes. It clears mines, repairs roads and bridges and provides<br />
economic and technical help to rebuild the economy. It also monitors elections<br />
and closely follows how a country respects the human rights of its citizens.<br />
This process, also known as peacebuilding, has helped over 60 countries to build<br />
democratic institutions.<br />
Peacebuilding, peacekeeping, nation-building: what’s the difference?<br />
Peacekeeping is organized around a military deployment. It is often a central part<br />
of a peacebuilding effort. Nation-building means different things to different people<br />
and is not a term used by the UN. It normally refers to a longer historical process<br />
and includes the building up of a national identity. Peacebuilding provides all that is<br />
needed to help a country move from war to peace and a functioning self-government.<br />
The UN has been engaged in peacebuilding activities for years, but only<br />
recently decided to establish a Peacebuilding Commission. Why?<br />
The United Nations has played a vital role in reducing the level of conflict in several<br />
regions by mediating peace agreements and assisting in their implementation. However,<br />
some of those accords have failed to take hold, such as in Angola in 1993 and<br />
Rwanda in 1994. Roughly half of all countries that emerge from war lapse back into<br />
violence within five years, driving home the message that, to prevent conflict, peace<br />
agreements must be implemented in a sustained manner.<br />
In June 2006, the UN set up the Peacebuilding Commission with a view to helping<br />
countries make the transition from war to lasting peace. It forms the connecting link<br />
between peacekeeping and post-conflict operations. Its job is to bring together all the<br />
major actors in a given situation to discuss and decide on a long-term peacebuilding<br />
strategy. What that means is that assistance is better coordinated, money is better<br />
spent, and there is a real link between immediate post-conflict efforts on the one<br />
hand and long-term recovery and development efforts on the other.<br />
: www.un.org/peace/peacebuilding/<br />
The United Nations works for peace and progress. But there is so little peace<br />
in the world today. Do we really need the UN?<br />
The world has fought more than 50 wars in the past 60 years. According to the Stockholm<br />
<strong>International</strong> Peace Research Institute, in 2006 alone, 17 major armed conflicts<br />
were waged around the world. Luckily, none of them turned into devastating world<br />
wars. There is general agreement that the UN’s campaign for peace and disarmament<br />
played a key role in this regard.<br />
Many people feel that the UN should be made stronger to stop smaller wars and have<br />
its decisions fully carried out. But the effectiveness of UN actions depends on the<br />
political will of the Member States — on their readiness to respect the decisions they<br />
The United Nations works for international peace and security 31
themselves take. Also, these operations are costly. Because of a lack of funds, the UN is often<br />
unable to play a greater role.<br />
The strength of the UN comes from its refusal to give up, even in the face of the stiffest challenge.<br />
When countries at war do not have the political will to stop, the UN sometimes has to<br />
withdraw its peacekeeping troops. But it continues its work through diplomacy and negotiations,<br />
by constantly speaking with the parties concerned. When better conditions are created,<br />
the peacekeepers may return.<br />
The world still has a long way to go before it can ensure peace and justice for everyone.<br />
Wars, poverty and human rights violations are still widespread. But that’s precisely why there<br />
is a need for the UN to continue to operate. It has been said that, if the UN did not exist, the<br />
countries of the world would have to create another organization, maybe with another name,<br />
to do exactly what the UN does.<br />
: http://www.un.org/Depts/dpko/dpko/<br />
What is the UN doing to combat terrorism?<br />
The United Nations has long been active in the fight against international terrorism. Reflecting<br />
the determination of the international community to eliminate this threat, the Organization<br />
and its agencies have developed a wide range of international legal instruments that<br />
enable the international community to take action to suppress terrorism and bring those<br />
responsible to justice. Thirteen global conventions have been negotiated through the UN<br />
dating back to 1963, including treaties against hostage-taking, airplane hijacking, terrorist<br />
bombings and terrorism financing. A Security Council Counter-Terrorism Committee oversees<br />
how Member States carry out the commitments they promised subsequent to 11 September<br />
2001 and works to increase their capability to fight terrorism.<br />
“Whether we like it or not, our generation will go down in history as one that<br />
was challenged to protect the world from terrorism”.<br />
Ban Ki-moon, UN Secretary-General<br />
: www.un.org/terrorism/<br />
: http://disarmament.un.org/terrorism.htm<br />
19 August 2003<br />
A suicide attacker set off a bomb<br />
explosion in a cement truck<br />
parked outside the Canal Hotel<br />
that housed the UN Headquarters<br />
in Baghdad, Iraq, killing at<br />
least 17 people including the<br />
Secretary-General’s Special Representative<br />
in Iraq, Sergio Vieira<br />
de Mello, and wounding some<br />
100 people.<br />
32<br />
Everything About the United Nations
A Global counter-terrorism strategy<br />
The United Nations General Assembly adopted a global counter-terrorism<br />
strategy on 8 September 2006. The strategy – in the form of a Resolution<br />
and an annexed Plan of Action – is a unique instrument to enhance<br />
national, regional and international efforts to counter terrorism. Its adoption<br />
marks the first time that all Member States have agreed to a common<br />
strategic and operational approach to fight terrorism. Important new initiatives<br />
set forth in the strategy include:<br />
• Improving the coherence and efficiency of counter-terrorism technical<br />
assistance delivery so that all States can play their part effectively.<br />
• Voluntarily putting in place systems of assistance that would address<br />
the needs of victims of terrorism and their families.<br />
• Addressing the threat of bioterrorism by establishing a single comprehensive<br />
database on biological incidents, focusing on improving States’<br />
public health systems, and acknowledging the need to bring together<br />
major stakeholders to ensure that biotechnology’s advances are not<br />
used for terrorist or other criminal purposes but for the public good.<br />
• Involving civil society, regional and sub-regional organizations in the<br />
fight against terrorism and developing partnerships with the private<br />
sector to prevent terrorist attacks on particularly vulnerable targets.<br />
• Exploring innovative means to address the growing threat of terrorists’<br />
use of the internet.<br />
• Modernizing border and customs controls systems, and improving<br />
the security of travel documents, to prevent terrorists’ travel and the<br />
movement of illicit materials.<br />
• Enhancing cooperation to combat money laundering and the financing<br />
of terrorism.<br />
: http://www.un.org/sc/ctc<br />
The United Nations works for international peace and security 33
Unexploded cluster bombs in Lebanon<br />
Some of the unexploded devices found in<br />
the de-mining of the town of Hiniyah in<br />
Lebanon by a United Nations Chinese battalion.<br />
The soldiers remove the unexploded<br />
devices, and relocate them to a safe area<br />
where they then detonate them.<br />
Mine Terror<br />
Battling Landmines<br />
Since the 1980s, the United Nations has been addressing the problems posed<br />
by the millions of deadly landmines scattered in over 60 countries. Each year<br />
thousands of people - most of them children, women and the elderly - are<br />
maimed or killed by these “silent killers”. Meanwhile, new landmines continue<br />
to be deployed in various countries around the world.<br />
The United Nations Mine Action Service (UNMAS) acts as the focal point for<br />
mine action and coordinates all mine-related activities of UN agencies, funds<br />
and programmes. The work focuses on mine action clearance, mine awareness<br />
and risk-reduction education, victim assistance and stockpile destruction.<br />
: www.mineaction.org/<br />
Cluster Munitions and Mine Action<br />
Since the antipersonnel mine-ban treaty went into force in 1999, the number<br />
of new victims each year has dropped, large tracts of land have been cleared,<br />
and the number of stockpiled mines has decreased by millions. The treaty has had a major impact on the<br />
global landmine problem. It has not, however, addressed another major problem: explosive remnants of<br />
war, which kill thousands of civilians annually.<br />
“Explosive remnants of war” refer to abandoned explosive ordnance and unexploded ordnance, or UXO,<br />
such as cluster munitions that fail to detonate but remain volatile and dangerous, often threatening the<br />
safety of civilians. UN-supported mine-action programmes help countries eliminate the threat of landmines<br />
and explosive remnants of war. An international movement seeking to limit the use of cluster<br />
munitions has gained momentum in recent years.<br />
FACT SHEET<br />
• Every 20 minutes someone is either killed or maimed by a landmine.<br />
• At the beginning of the 20th century, nearly 80 per cent of landmine victims were<br />
military personnel. Today, nearly 80 per cent of landmine victims are civilians.<br />
• It cost as little as $3 to buy a landmine but as much as $1000 to remove one.<br />
• The countries most affected by landmines are Angola, Afghanistan, Bosnia and<br />
Herzegovina, Cambodia, Croatia, Eritrea, Iraq, Mozambique, Sudan and Vietnam.<br />
The Mine-Ban Convention forbids the possession and use of anti-personnel landmines.<br />
As of April 2007, 133 States had signed the Convention. A total of 153 States have formally<br />
agreed to be bound by the Convention.<br />
• 76 States Parties have completed destruction of their stockpiles.<br />
• 58 States Parties have officially declared not having a stockpile of anti-personnel mines.<br />
• 9 States Parties are in the process of destroying their stockpiles.<br />
• 8 States Parties are late to declare the presence or absence of stockpiles.<br />
• 2 States Parties are scheduled to formally announce the presence or absence of<br />
stockpiles in their initial transparency measures report.<br />
34<br />
Everything About the United Nations
More than<br />
keeping peace<br />
Peacekeeping, in the<br />
traditional sense, is sending<br />
multinational troops under<br />
the UN command to keep<br />
warring factions apart.<br />
These days, UN peacekeepers<br />
do much more<br />
than just acting as a buffer<br />
between opposing forces.<br />
Here are a few examples:<br />
Truce supervision,<br />
ceasefire monitoring,<br />
military observation<br />
Demobilization and<br />
reintegration<br />
Disarmament<br />
Humanitarian<br />
assistance<br />
Electoral assistance<br />
Human rights<br />
Civilian police<br />
Mine clearance<br />
Cooperation with<br />
regional organizations<br />
More spending for weapons<br />
than for people<br />
$800 billion — annual world<br />
military expenditures<br />
compares to:<br />
$50 billion Provide clean,<br />
safe energy<br />
$30 billion Retire developing<br />
nations’ debt<br />
$24 billion Prevent soil erosion<br />
$21 billion Provide health care<br />
and AIDS control<br />
$21 billion Provide shelter<br />
$19 billion Eliminate starvation<br />
and malnutrition<br />
$10.5 billion Stabilize population<br />
$10 billion Provide clean,<br />
safe water<br />
$8 billion Prevent acid rain<br />
$8 billion Prevent global<br />
warming<br />
$7 billion Eliminate nuclear<br />
weapons<br />
$7 billion Stop deforestation<br />
$5 billion Stop ozone<br />
depletion<br />
$5 billion Refugee relief<br />
$5billion<br />
Eliminate illiteracy<br />
$2 billion Remove landmines<br />
$2 billion Build democracy<br />
A young man<br />
demonstrating the<br />
method involved to<br />
deactivate a mine.<br />
The United Nations works for international peace and security 35
In 1945, more than 120,000 people<br />
were killed in Hiroshima and Nagasaki<br />
(Japan) by atomic bombs.<br />
Disarmament<br />
Ensuring world safety by reducing nuclear weapons<br />
Humankind has so far avoided a second nuclear war, due in large part<br />
to United Nations activities for disarmament, in particular, the elimination<br />
of weapons of mass destruction. But the world remains a dangerous<br />
place: weapon supplies continue to grow; more people train for war<br />
every day; and the costs of the arms race continue to mount.<br />
Consider this: In 1945, after two atomic bombs were dropped over Hiroshima<br />
and Nagasaki in Japan, the Second World War (1939-1945) was<br />
over. Since then, the world has witnessed some 150 wars. These conflicts<br />
have cost more than 20 million lives, more than 80 per cent of them<br />
civilians. Though nobody has used nuclear weapons again, we now have<br />
at least seven “nuclear Powers”. The total stockpile of nuclear weapons<br />
in the world now amounts to some 15,000 megatons, roughly equivalent<br />
to more than 1 million Hiroshima bombs.<br />
Now consider this: Take a minute to count from 1 to 60. By<br />
the time you finish, the world has lost about 25 to 30 children,<br />
most of them in the developing countries, to malnutrition,<br />
hunger and curable diseases. During the same time, the<br />
world has spent some $2.3 million for military purposes — or<br />
about $800 billion annually. Arms transfers to developing<br />
countries are estimated at some $30 billion a year.<br />
The accumulation of arms and economic development both<br />
require large-scale human and material resources. But since<br />
resources are limited, pursuing either process tends to be at<br />
the expense of the other. There is growing agreement that, in<br />
the long run, the world can either continue to pursue the arms<br />
race or achieve and sustain social and economic development<br />
for the benefit of all, but it will not be able to do both.<br />
The Hiroshima Peace Memorial (Genbaku Dome)<br />
was the only structure left standing in the area<br />
where the first atomic bomb exploded. In 1996 it<br />
became a UNESCO World Heritage site.<br />
General and complete disarmament — or gradual elimination of weapons of mass destruction — is<br />
one of the goals set by the United Nations. Its immediate objectives are to eliminate the danger of war,<br />
particularly nuclear war, and to implement measures to halt and reverse the arms race.<br />
: http://disarmament.un.org<br />
Some UN actions for disarmament<br />
<br />
<br />
<br />
<br />
<br />
The Partial Test-Ban Treaty, 1963, prohibits nuclear tests in the atmosphere, in outer space<br />
and under water.<br />
The Non-Proliferation Treaty, 1968, prohibits the spread of nuclear weapons from nuclear to<br />
non-nuclear countries.<br />
The Chemical Weapons Convention, 1992, prohibits use, manufacturing and stockpiling of<br />
such weapons.<br />
The Comprehensive Nuclear-Test-Ban Treaty, 1996, bans all underground nuclear-test explosions.<br />
The Anti-Personnel Landmines Convention, 1997, prohibits the use, stock-piling, production<br />
and transfer of such mines.<br />
36<br />
Everything About the United Nations
The story of a child soldier<br />
“I don’t know how old I am,” said Abu Bakar Bangura, a slight and serious<br />
young boy from the West African country of Sierra Leone. “I was very<br />
young when I was taken from my family,” he explained. Abu, as he is<br />
known, is one of the 10,000 children who were abducted from their homes<br />
and forced to become soldiers by both the pro-government and the rebel<br />
forces during the 11-year civil war that tore his country apart.<br />
After being kidnapped by the rebel group, Abu was drugged, beaten,<br />
and forced to commit terrible atrocities. Instead of a childhood of innocence<br />
and affection, he lived a life of violence and fear. Only once the fighting<br />
in Sierra Leone stopped in 2001, could these children put down their<br />
weapons and return to their homes and their childhoods. But many had<br />
forgotten how to be children and part of a family. Fighting and fending for<br />
themselves was all that they remembered.<br />
Actor Michael Douglas of the United States, a United Nations<br />
Messenger of Peace, met Abu while at the Child Protection Care Center<br />
in Kono in the eastern district of Sierra Leone. At that point, Abu’s<br />
time was running out – if his family wasn’t found soon, he would be<br />
placed in foster care, an option that he was not looking forward to.<br />
Although Samuel T. Kamanda, the assistant programme manager of<br />
the <strong>International</strong> Red Cross’ Child Protection Care Center, had already<br />
visited several villages trying to track down Abu’s family without success,<br />
he decided to follow one of Abu’s last leads – a village in another<br />
region of Sierra Leone. Michael Douglas accompanied Kamanda and<br />
Abu on the quest. After flying in on a UN helicopter, they walked for<br />
miles under the hot sun in a tiring search for Abu’s village and family.<br />
Finally they came to a village, and suddenly, while waiting for the village<br />
chief, Abu heard a cry of joy and surprise. It was his mother. Abu recognized<br />
her immediately and rushed to her crying with relief and excitement.<br />
: www.un.org/works/<br />
Michael Douglas and<br />
Abu – screenshot<br />
from the UN Works<br />
documentary series<br />
“What’s Going On?’<br />
: www.un.org/<br />
works/goingon/<br />
goinghome.html<br />
Far right photo:<br />
Actor George Clooney,<br />
United Nations<br />
Messenger of Peace<br />
: www.un.org/sg/mop<br />
The United Nations works for international peace and security 37
Seeking Inner Peace<br />
Photo: Arun Malhotra<br />
“We all have within us a centre of stillness<br />
surrounded by silence. This house, dedicated<br />
to work and debate in the service of<br />
peace, should have one room dedicated to<br />
silence in the outward sense and stillness<br />
in the inner sense. It has been the aim to<br />
create in this small room a place where the<br />
doors may be open to the infinite lands of<br />
thought and prayer”.<br />
Dag Hammarskjöld, 1957<br />
“The Meditation Room” • United Nations Headquarters, New York<br />
In the original plan for the new Headquarters, a tiny room had been provided as a place<br />
dedicated to silence, where people could withdraw into themselves, regardless of their faith,<br />
creed or religion, but Dag Hammarskjöld wanted something more dignified. In his efforts he<br />
was supported by a group, composed of Christians, Jews, and Muslims, the “Friends of the<br />
UN Meditation Room”, who combined their efforts and provided the money for a room worthy<br />
of a world organization. The work on the room began, and Mr. Hammarskjöld personally<br />
planned and supervised in every detail the creation of the “Meditation Room”. The abstract<br />
mural was made by his friend and artist Bo Beskow.<br />
: http://www.un.org/Depts/dhl/dag/meditationroom.htm<br />
Q&A Team Play<br />
Team Play<br />
When playing as team-mates (2 or more players on a team), team-mates can work together to arrive at an<br />
answer, but must reach a consensus before declaring an answer to the other players.<br />
1. Does the United Nations have its own army?<br />
2. What are the two types of peacekeeping operations under UN command?<br />
3. UN peacekeepers are easily recognized by what piece of clothing?<br />
4. Can peacekeeping soldiers fight for one side of a dispute?<br />
5. What does the United Nations do to promote peace after the successful completion of a peacekeeping mission?<br />
6. What is the Mine-ban Convention?<br />
7. What is the UN doing to combat terrorism?<br />
38<br />
Everything About the United Nations
4<br />
The Millennium<br />
Development Goals<br />
Development facts<br />
• The proportion of the worldwide population living in extreme<br />
poverty has fallen from one-third to one-fifth since 1990.<br />
However, in sub-Saharan Africa, while the poverty rate has leveled<br />
off, life expectancy is lower today than it was three decades<br />
ago. The percentage of underweight children is still very high in<br />
sub-Saharan Africa and in Southern Asia.<br />
• The benefits of economic growth in the developing world have<br />
been unequally shared. Widening income inequality is of particular<br />
concern. Also, most economies have failed to provide<br />
employment opportunities to their youth, with young people<br />
more than three times as likely as adults to be unemployed.<br />
• Half the population of the developing world lacks basic sanitation.<br />
Approximately 1.1 billion people have no access to clean water.<br />
• Over half a million women still die each year from treatable<br />
and preventable complications of pregnancy and childbirth. The<br />
odds that a woman will die from these causes in sub-Saharan<br />
Africa are 1 in 16 over the course of her lifetime, compared to<br />
1 in 3,800 in the developed world.<br />
• The number of people dying from AIDS worldwide increased to<br />
2.9 million in 2006, and prevention measures are failing to keep<br />
pace with the growth of the epidemic.
A girl in Karachi, Pakistan, masters the art of writing.<br />
Children in a refugee camp, in Goma, Rwanda.
The Millennium<br />
Development Goals<br />
What are the Millennium Development Goals?<br />
At the Millennium Summit in 2000, the Member States of the United Nations agreed on eight goals, the Millennium<br />
Development Goals (MDGs) that call for national action, and international cooperation, to provide<br />
access to food, education, healthcare and economic opportunities for children, women and men everywhere.<br />
In 2005, world leaders gathered at UN Headquarters in New York for the General Assembly High-Level Summit,<br />
at which they spoke about the progress they had made nationally in achieving the Millennium Development<br />
Goals. United Nations Member States have vowed to work together to reduce poverty and eliminate<br />
hunger in developing countries, and to achieve the targets set out in the MDGs by 2015.<br />
What is the UN doing about fighting poverty?<br />
In the Millennium Declaration, world leaders resolved to halve, by 2015, the number of people living on less<br />
than $1 a day, and also set targets in the fight against poverty and disease.<br />
Secretary-General Kofi Annan proposed specific actions that rich countries should take:<br />
1. Grant free access to their markets for goods produced in poorer countries:<br />
Many developing countries are forced to rely on exporting unprocessed agricultural products to<br />
earn income overseas. At the same time, world market prices for fuel and for manufactured and<br />
processed goods have risen. Furthermore, many developed countries have imposed steep trade<br />
restrictions on agricultural products from developing countries, making it almost impossible for<br />
them to sell their goods.<br />
2. Write off foreign debts:<br />
Over the last few years, there has been a worldwide movement pressing for the cancellation of<br />
the debts that poor countries owe to their creditors—developed country Governments, commercial<br />
banks, and multilateral international lending institutions, such as the World Bank and the<br />
<strong>International</strong> Monetary Fund.<br />
The World Bank and the <strong>International</strong> Monetary Fund launched a programme in 1996 known as<br />
the Debt Initiative for Heavily Indebted Poor Countries (HIPC), to help the world’s poorest countries<br />
with crippling debts. By October 2007, there were 32 countries receiving debt relief. As a<br />
result, the money that might have been used to repay their huge debts could instead be used for<br />
health, education and other social services.<br />
3. Grant more generous development assistance:<br />
Overcoming poverty requires global efforts. In 1980, the industrialized countries pledged at the<br />
General Assembly to devote 0.7 per cent of their gross national products (GNP) to official development<br />
assistance. To date, only five countries – Denmark, Luxembourg, Netherlands, Norway<br />
and Sweden – have consistently provided 0.7 per cent of their GNP as development assistance<br />
to poor countries.<br />
The Millennium Development Goals 41
4. Work with pharmaceutical companies to develop an effective and affordable vaccine<br />
against HIV:<br />
Developing a vaccine to combat HIV/AIDS has been slow, mainly due to the enormous scientific,<br />
logistical and financial challenges involved. Since the discovery of the human immunodeficiency<br />
virus (HIV) as the cause of AIDS, multiple vaccines have been tested in scores of<br />
human clinical trials, with moderate success.<br />
The World Health Organization and its partners successfully implemented a global initiative<br />
called “3 by 5”, to provide antiretroviral therapy to 3 million people with HIV/AIDS in developing<br />
countries by the end of 2005.<br />
: www.undp.org/poverty/<br />
: www.un.org/cyberschoolbus<br />
Towards eradicating poverty<br />
The United Nations system assists Governments and civic groups in the developing world to<br />
address various factors that contribute to poverty. Here are a few examples:<br />
China: Improve Teacher Quality in<br />
Poor Areas of Western China<br />
Raising the standards of teacher qualifications,<br />
and continuing professional development of<br />
teachers are priorities in China’s educational<br />
development strategy. It is especially true in<br />
western China where poor rural teachers, particularly<br />
women teachers and minority teachers,<br />
find few means to improve their professional<br />
skills. A United Nations Development Programme<br />
(UNDP) project aims at increasing educational<br />
equity and improving teachers’ abilities<br />
at the primary level in three western provinces<br />
of China through delivering high-quality, distance<br />
teacher training. So far, 45,000 teachers<br />
have been trained under this project.<br />
Ethiopia: Leadership Development<br />
Programme to combat HIV/AIDS<br />
One of the main components of UNDP’s poverty<br />
reduction initiative is combating HIV/AIDS. The<br />
objective of the Leadership Development Programme<br />
is to promote leadership at all levels, and<br />
develop the capacity of government, civil society,<br />
development partners, communities and individuals<br />
to effectively respond to the epidemic. The<br />
programme has been successful in building partnerships<br />
through forming coalitions such as the Ethiopian<br />
Volunteer Media Professionals against AIDS<br />
and the National Coalition for Women against HIV/<br />
AIDS, uniquely positioned to mobilize women at all<br />
levels in advocating for gender equality and HIV/<br />
AIDS issues from policy level to the grassroots.<br />
Timor-Leste: Local Development Programme<br />
UNDP and the UN Capital Development Fund are supporting the Government of Timor-Leste in<br />
“piloting” decentralized assemblies at the district and sub-district level in Bobonaro and Lautem,<br />
to test-run participatory planning processes, financial management and procurement procedures as<br />
well as representational arrangements at the local level.<br />
The pilot programme is resolving practical obstacles for the future transfer of funds from central<br />
government to local governments. Simultaneously, the programme is building the capacity of local<br />
assembly members, local technical staff and the population on how to interact and respect each<br />
others’ responsibilities. It creates a downward accountability mechanism through the local assembly<br />
members who are empowered as the decision makers to determine local development priorities.<br />
42<br />
Everything About the United Nations
Millennium Development Goals<br />
to achieve by the year 2015<br />
Goal 1<br />
Eradicate extreme poverty and hunger<br />
By 2015, reduce by half the proportion of people living on less than $1 a day.<br />
By 2015, reduce by half the proportion of people who suffer from hunger.<br />
Goal 2<br />
Achieve universal primary education<br />
By 2015, ensure a full course of primary schooling for all boys and girls.<br />
Goal 3<br />
Promote gender equality and empower women<br />
By 2005, eliminate gender disparity in primary and secondary education, and at<br />
all levels of education no later than 2015.<br />
Goal 4<br />
Reduce child mortality<br />
By 2015, reduce by two-thirds the number of children dying under the age of five.<br />
Goal 5<br />
Improve maternal health<br />
By 2015, reduce by three quarters the number of women dying from complications<br />
of pregnancy and childbirth.<br />
Goal 6<br />
Combat HIV/AIDS, malaria and other diseases<br />
By 2015, halt and begin to reverse the spread of HIV/AIDS.<br />
By 2015, halt and begin to reverse the incidence of malaria and other major diseases.<br />
Goal 7<br />
Ensure environmental sustainability<br />
Reverse the loss of environmental resources.<br />
By 2015, halve the proportion of people without sustainable access to safe<br />
drinking water.<br />
By 2020, achieve significant improvement in the lives of at least 100 million<br />
slum dwellers.<br />
Goal 8<br />
Develop a global partnership for development<br />
MDG logo by UNDP/Brazil<br />
Address the special needs of the least developed countries, landlocked countries<br />
and small island developing states.<br />
Deal comprehensively with the debt problems of developing countries through<br />
national and international measures in order to make debt repayment sustainable<br />
in the long term.<br />
In cooperation with the private sector, make available to developing countries<br />
the benefits of new technologies, especially information and communications<br />
technologies.<br />
The Millennium Development Goals 43
What is the connection between the environment and development?<br />
The environment is everything that surrounds us. It is the air we breathe, the<br />
water we drink, the soil that grows all our food, and all living beings. Development<br />
is what we do with these resources to improve our lives. All over the<br />
world we do things that we think will make our lives better, but everything we do<br />
changes us and our environment.<br />
Sometimes we do not see how we are connected to the Earth and to each other, but the connections are<br />
there. Medicines that save lives in Germany may depend on plants that grow in the forests of Costa Rica.<br />
Pollution from automobiles in London or Mexico City may affect the climate in Rabat or Tokyo. We now<br />
know that carbon dioxide and other gases from factories and cars cause the atmosphere to heat up. This<br />
rise in temperature may change the world’s climate. Forests help free the air of carbon dioxide, but many<br />
forests are being cut down for their wood or to clear land for farms.<br />
What is sustainable development?<br />
It means that development should meet our current needs without diminishing the ability of future generations<br />
to meet theirs. In other words, we must use our resources wisely. Sustainable development requires<br />
us to conserve more and waste less. In industrialized countries, many people live beyond nature’s means.<br />
For example, one person in a very rich country uses as much energy as 80 people in a very poor country.<br />
Over-consumption leads to waste, which pollutes our environment and uses up our resources.<br />
Crushing poverty and growing populations also create great pressure on the environment. When land and<br />
forests, which provide food, natural resources and employment, are exhausted, people find it harder, and<br />
sometimes impossible, to survive. Many go to cities, crowding into unhealthy and unsafe slums.<br />
If poor people are forced to destroy their environment to survive, all countries will suffer the consequences.<br />
Some UN actions to protect the environment<br />
<br />
<br />
What does the UN do to protect our environment?<br />
The natural world around us is a fragile place that requires<br />
care, respect and knowledge by all people in all nations. Air<br />
pollution, waterborne diseases, toxic chemicals and natural<br />
disasters are just some of the challenges the environment<br />
presents for mankind.<br />
The UN plays a key role in shaping international action to<br />
protect our environment, and the United Nations Environment<br />
Programme (UNEP) leads its global efforts. The UN conducts<br />
research, monitors the state of the environment and advises<br />
Governments on ways to preserve their natural resources. Most<br />
importantly, it brings Governments together to make international<br />
laws to solve particular environmental problems.<br />
The Kyoto Protocol to the Convention on Climate Change (1997) aims to slow global warming.<br />
It became a legally binding treaty in 2004. It requires countries to cut harmful green house gasses<br />
by 5.2% by 2012.<br />
The Declaration and Programme of Action for the Sustainable Development of Small Island<br />
Developing States (1994) calls on countries to take special action in the interest of 40 small island<br />
developing States to promote their social and economic development. Many of these small islands<br />
have very limited resources and have been unable to reap the benefits of globalization.<br />
44<br />
Everything About the United Nations
Tony taps the coconut:<br />
Making sustainable development work<br />
In the middle of the South Pacific,<br />
the island nation of Vanuatu has<br />
a precious resource that could<br />
help it overcome trouble in paradise.<br />
Tony Deamer, an Australianborn<br />
mechanic and environmental<br />
entrepreneur, believes that coconuts<br />
hold the promise of a better<br />
future for Vanuatu’s people. There<br />
are plenty of coconuts on the 80<br />
beautiful tropical islands that make<br />
up Vanuatu, but the global price for<br />
coconuts fluctuates, and as a result, farmers cannot count on a steady income<br />
and the local economy suffers.<br />
Tony has a solution. He has successfully used pure coconut oil as an alternative<br />
to petroleum in automotive diesel engines. The result is both environmentally<br />
friendly and good for the local economy. Deamer believes that if Vanuatu<br />
embraces coconut oil as a fuel, the local demand for copra, or dried coconut<br />
meat, would increase, stimulate the economy and create more jobs. Copra is<br />
an excellent animal feed, its fibre has many<br />
uses and coconut shells can be converted into<br />
charcoal.<br />
Tony’s project has the potential to lessen the<br />
need for imported fuel and put much needed<br />
cash in the hands of local coconut growers.<br />
Currently, Vanuatu has to import all of its diesel<br />
fuel, costing $12 million a year, which is a lot of money for a tiny island<br />
nation with limited resources and purchasing power. The Government in<br />
Vanuatu sees his project’s potential and has given some support.<br />
www.un.org/works/smallislands/vanuatu.html<br />
<br />
<br />
The Convention to Combat Desertification (1994) seeks to resolve problems of overcultivation,<br />
deforestation, overgrazing and poor irrigation. One quarter of the Earth’s land is threatened by<br />
desertification. The livelihoods of over one billion people in more than 100 countries are jeopardized,<br />
as farming and grazing land become less productive.<br />
The United Nations Convention on Biological Diversity (1992) seeks to protect and conserve<br />
the wide variety of animal and plant life that is essential for human survival.<br />
: www.unep.org<br />
The Millennium Development Goals 45
FACT SHEET<br />
Goodbye to Small Pox & Polio<br />
Measles, tuberculosis, tetanus, diphtheria, whooping cough and polio are six of the deadliest diseases<br />
affecting children in developing countries. Today, some 3 million people in the developing<br />
world, who would have been paralysed, are walking because they have been immunized against<br />
polio, as a result of efforts by the United Nations Children’s Fund (UNICEF) and the World Health<br />
Organization (WHO).<br />
Smallpox, another deadly disease, has now been eradicated worldwide. Ali Maalin of Merka<br />
town, Somalia, is the last recorded case of smallpox. In October 1977, he suffered a mild<br />
form of the disease and quickly recovered. Not sure whether this was the end of smallpox,<br />
the WHO offered a reward of $1,000 to anyone who could identify a case of smallpox. None<br />
was reported. Two years later, in December 1979, WHO declared that smallpox had been<br />
eradicated from the world.<br />
Water, water . . .<br />
Water is such a basic necessity that it is often called the<br />
source of life. When contaminated, water can become<br />
dangerous and cause serious illness. In many countries,<br />
people have limited access to safe drinking water. As a<br />
result, at least 4 million children die every year in developing<br />
countries from water-borne diseases. In 1980, the<br />
United Nations launched an international campaign to<br />
bring safe drinking water to everyone by the year 2000.<br />
This campaign has already brought safe drinking water<br />
to over 1.3 billion people worldwide. Another 1.9 billion<br />
people have been helped with sanitation facilities.<br />
Waking up to a Disaster<br />
The United Nations jumped into action to<br />
assist the survivors of the December 2004<br />
tsunami in East Asia. Within three days, a<br />
UN disaster assessment team had arrived<br />
in the worst-affected area, the Indonesian<br />
province of Aceh, where some 165,000<br />
people had died and 600,000 were made<br />
homeless. In the following six months,<br />
the UN fed two million people, vaccinated<br />
more than 1.2 million children and<br />
employed more than 30,000 people in<br />
“cash-to-work” programmes in Indonesia, Sri Lanka and other areas. More than 561,000 children<br />
were learning again with the help of “school in a box” education start-up kits, and fishermen and<br />
farmers were being helped to rebuild their businesses. UN agencies continue to work to promote<br />
recovery and reconstruction.<br />
46<br />
Everything About the United Nations
Rethinking globalization<br />
What is it?<br />
Globalization is an inevitable phenomenon in human history that has brought the world<br />
closer through the exchange of goods and products, information, knowledge and culture.<br />
Over the last few decades, the pace of this global integration has become much faster and<br />
dramatic because of unprecedented advancements in technology, communications, science,<br />
transport and industry.<br />
While globalization is a catalyst for and a consequence of human progress, it is also a messy<br />
process that requires adjustment and creates significant challenges and problems.<br />
Why should I care?<br />
Globalization has sparked one of the most highly charged debates of the past decade.<br />
When people criticize the effects of globalization, they generally refer to economic integration.<br />
Economic integration occurs when countries lower barriers such as import tariffs and<br />
open their economies up to investment and trade with the rest of the world. These critics<br />
complain that inequalities in the current global trading system hurt developing countries.<br />
Supporters of globalization say countries—like China, Vietnam, India and Uganda—that<br />
have opened up to the world economy have significantly reduced poverty.<br />
Critics argue that the process has exploited people in developing countries, caused massive<br />
disruptions and produced few benefits.<br />
For all countries to be able to reap the benefits of globalization, the international community<br />
must continue working to reduce distortions in international trade (cutting agricultural<br />
subsidies and trade barriers) that favour developed countries and to create a more<br />
fair system.<br />
Some countries have profited from globalization<br />
•<br />
India: Cut its poverty rate in half in the past two decades.<br />
China: Reform led to the largest poverty reduction in history. The number of rural poor<br />
fell from 250 million in 1978 to 34 million in 1999.<br />
•<br />
But others have not<br />
Many countries in Africa have failed to share in the gains of globalization. Their exports<br />
•<br />
have remained confined to a narrow range of primary commodities.<br />
Some experts suggest poor policies and infrastructure, weak institutions and corrupt<br />
•<br />
governance have marginalized a number of countries.<br />
Others believe that geographical and climatic disadvantages have locked some countries<br />
out of global growth.<br />
For more:<br />
: www.youthink.worldbank.org<br />
The Millennium Development Goals 47
Millennium Development Goals: 2007 Progress Chart<br />
Goals and Targets<br />
Africa<br />
Asia<br />
Commonwealth of<br />
Independent States<br />
Latin America<br />
Northern Sub-Saharan Eastern South-Eastern Southern Western Europe Asia<br />
Oceania & Caribbean<br />
GOAL 1 | Eradicate extreme poverty and hunger<br />
Reduce extreme<br />
poverty by half<br />
low poverty<br />
very high<br />
poverty<br />
moderate<br />
poverty<br />
moderate<br />
poverty<br />
very high<br />
poverty<br />
low poverty ---<br />
moderate<br />
poverty<br />
low poverty<br />
low poverty<br />
Reduce hunger by<br />
half<br />
very low hunger<br />
very high<br />
hunger<br />
moderate<br />
hunger<br />
moderate<br />
hunger<br />
high hunger<br />
moderate<br />
hunger<br />
moderate<br />
hunger<br />
moderate<br />
hunger<br />
very low hunger<br />
high hunger<br />
GOAL 2 | Achieve universal primary education<br />
Universal primary<br />
schooling<br />
high enrolment low enrolment high enrolment high enrolment high enrolment<br />
GOAL 3 | Promote gender equality and empower women<br />
Equal girls’ enrolment<br />
in primary school<br />
Women’s share of<br />
paid employment<br />
Women’s equal representation<br />
in national<br />
parliaments<br />
close to parity<br />
almost close<br />
to parity<br />
moderate<br />
enrolment<br />
moderate<br />
enrolment<br />
high enrolment high enrolment high enrolment<br />
parity parity close to parity close to parity close to parity parity parity parity<br />
low share medium share high share medium share low share low share medium share high share high share high share<br />
very low<br />
representation<br />
GOAL 4 | Reduce child mortality<br />
low<br />
representation<br />
moderate<br />
representation<br />
low<br />
representation<br />
low<br />
representation<br />
very low<br />
representation<br />
very low<br />
representation<br />
moderate<br />
representation<br />
low<br />
representation<br />
low<br />
representation<br />
Reduce mortality of<br />
under-five-year-olds<br />
by two thirds<br />
low mortality<br />
very high<br />
mortality<br />
low mortality<br />
moderate<br />
mortality<br />
high mortality<br />
moderate<br />
mortality<br />
moderate<br />
mortality<br />
low mortality<br />
low mortality<br />
moderate<br />
mortality<br />
Measles<br />
immunization<br />
high coverage<br />
low coverage<br />
moderate<br />
coverage<br />
moderate<br />
coverage<br />
low coverage high coverage low coverage high coverage high coverage high coverage<br />
GOAL 5 | Improve maternal health<br />
Reduce maternal<br />
mortality by three<br />
quarters*<br />
moderate<br />
mortality<br />
very high<br />
mortality<br />
low mortality<br />
high mortality<br />
very high<br />
mortality<br />
moderate<br />
mortality<br />
high mortality<br />
moderate<br />
mortality<br />
low mortality<br />
low mortality<br />
GOAL 6 | Combat HIV/AIDS, malaria and other diseases<br />
Halt and reverse<br />
spread<br />
of HIV/AIDS<br />
low prevalence<br />
very high<br />
prevalence<br />
low prevalence<br />
low prevalence<br />
moderate<br />
prevalence<br />
low prevalence<br />
moderate<br />
prevalence<br />
moderate<br />
prevalence<br />
moderate<br />
prevalence<br />
low prevalence<br />
Halt and reverse<br />
spread<br />
of malaria*<br />
low risk high risk moderate risk moderate risk moderate risk low risk low risk moderate risk low risk low risk<br />
Halt and reverse<br />
spread<br />
of tuberculosis<br />
low mortality<br />
high mortality<br />
moderate<br />
mortality<br />
moderate<br />
mortality<br />
moderate<br />
mortality<br />
low mortality<br />
moderate<br />
mortality<br />
low mortality<br />
moderate<br />
mortality<br />
moderate<br />
mortality<br />
GOAL 7 | Ensure environmental sustainability<br />
Reverse loss of<br />
forests**<br />
low forest cover<br />
medium forest<br />
cover<br />
medium forest<br />
cover<br />
high forest cover<br />
medium forest<br />
cover<br />
low forest cover high forest cover high forest cover high forest cover low forest cover<br />
Halve proportion<br />
without improved<br />
drinking water<br />
high coverage<br />
low coverage<br />
moderate<br />
coverage<br />
moderate<br />
coverage<br />
moderate<br />
coverage<br />
high coverage low coverage high coverage high coverage<br />
moderate<br />
coverage<br />
48<br />
Everything About the United Nations
Goals and Targets<br />
Africa<br />
Asia<br />
Commonwealth of<br />
Independent States<br />
Latin America<br />
Northern Sub-Saharan Eastern South-Eastern Southern Western Europe Asia<br />
Oceania & Caribbean<br />
GOAL 7 | Ensure environmental sustainability (continued)<br />
Halve proportion<br />
without sanitation<br />
moderate<br />
coverage<br />
very low<br />
coverage<br />
very low<br />
coverage<br />
low coverage<br />
very low<br />
coverage<br />
moderate<br />
coverage<br />
low coverage<br />
moderate<br />
coverage<br />
moderate<br />
coverage<br />
moderate<br />
coverage<br />
Improve the lives<br />
of slum-dwellers<br />
moderate<br />
proportion<br />
of slum-dwellers<br />
very high<br />
proportion<br />
of slum-dwellers<br />
high proportion<br />
of slum-dwellers<br />
moderate<br />
proportion<br />
of slum-dwellers<br />
high proportion<br />
of slum-dwellers<br />
moderate<br />
proportion<br />
of slum-dwellers<br />
moderate<br />
proportion<br />
of slum-dwellers<br />
moderate<br />
proportion<br />
of slum-dwellers<br />
low proportion<br />
of slum-dwellers<br />
moderate<br />
proportion<br />
of slum-dwellers<br />
GOAL 8 | Develop a global partnership for development<br />
Youth<br />
unemployment**<br />
very high<br />
unemployment<br />
high<br />
unemployment<br />
low<br />
unemployment<br />
high<br />
unemployment<br />
moderate<br />
unemployment<br />
very high<br />
unemployment<br />
low<br />
unemployment<br />
high<br />
unemployment<br />
high<br />
unemployment<br />
high<br />
unemployment<br />
Internet users moderate access very low access moderate access moderate access low access moderate access low access high access moderate access moderate access<br />
Compiled by: Statistics Division, UN DESA.<br />
Country experiences in each region may differ significantly from the regional average. For the regional groupings and country data, see http://mdgs.un.org.<br />
Sources: United Nations, based on data and estimates provided by: Food and Agriculture Organization; Inter-Parliamentary Union; <strong>International</strong> Labour Organization; <strong>International</strong> Telecommunication<br />
Unit; UNESCO; UNICEF; World Health Organization; UNAIDS; UN-Habitat; World Bank – based on statistics available as of June 2007.<br />
The progress chart operates on two levels. The words in each box tell the current rate of compliance with each target.<br />
The colours show the trend, towards meeting the target by 2015 or not. See legend below:<br />
Target already met or very close to being met.<br />
Target is expected to be met by 2015 if prevailing trends<br />
persist, or the problem that this target is designed to<br />
address is not a serious concern in the region.<br />
Target is not expected to be met by 2015.<br />
No progress, or a deterioration or reversal.<br />
Insufficient data.<br />
* The available data for maternal mortality and malaria do not allow a trend analysis. Progress in the chart has been assessed by the responsible agencies on the basis of proxy indicators.<br />
** The assessment is based on a new methodology and therefore not comparable with previous assessments.<br />
URBANIZATION AND MDGS<br />
In 2008, for the first time in history, more than half of the world’s population – 3.3 billion people –<br />
will be living in urban areas. This number is expected to swell to almost 5 billion by 2030. In 1800,<br />
only 2% of people lived in cities and towns. In 1950, only 30% of the world population was urban.<br />
Though mega-cities (more than 10 million people) will continue to grow, most people will be living<br />
in cities of 500,000 or fewer. Globally, future population growth will take place in cities, nearly all of it<br />
in Asia, Africa and Latin America.<br />
The battle for the Millennium Development Goals to halve extreme poverty by 2015 will be won or<br />
lost in the cities of the developing world.<br />
For more:<br />
: www.unfpa.org<br />
: www.worldbank.org<br />
The Millennium Development Goals 49
FACT SHEET<br />
Saving the Temples of Nubia<br />
Egypt is the home of many ancient temples and monuments, including those at<br />
Nubia. The construction of the Aswan Dam on the River Nile threatened the existence<br />
of these 5,000-year-old monuments. In 1960, the United Nations Educational,<br />
Scientific and Cultural Organization (UNESCO) launched an international campaign<br />
to save them from destruction. But this could be done only by removing the monuments<br />
from the flooded area and taking them to a higher place. This is exactly<br />
what the international experts, brought together by the United Nations, did:<br />
they cut the monuments into blocks and then reassembled them at a safer<br />
place. It took them 20 years of hard work to accomplish this spectacular job.<br />
By 2008 the United Nations placed over 851 cultural, natural and mixed<br />
properties onto its World Heritage List. Such diverse sites as the Pyramids<br />
of Egypt, the Grand Canyon in the United States, and the Taj Mahal of<br />
India are included in the list. Because of their outstanding universal value,<br />
these sites are considered to be mankind’s common heritage. Some 180<br />
nations have signed a treaty agreeing to cooperate and contribute to the<br />
protection of these properties.<br />
UNESCO has helped to protect many such historic monuments in over<br />
80 countries, including the Acropolis in Greece; the Angkor Wat Temple in<br />
Cambodia; Uluru-Kata Tjuta National Park in Australia and the Borobudur<br />
Shrine in Indonesia.<br />
: www.unesco.org<br />
Q&A Team Play<br />
Team Play<br />
When playing as team-mates (2 or more players on a team), team-mates can work together to arrive at an<br />
answer, but must reach a consensus before declaring an answer to the other players.<br />
1. What is sustainable development?<br />
2. What are the Millennium Development Goals?<br />
3. How would you define poverty?<br />
4. What is the Kyoto Protocol?<br />
5. How have some countries benefitted from globalization?<br />
6. What does the United Nations do to reduce poverty?<br />
7. What is the World Heritage list?<br />
8. What kind of emergency relief did the UN provide to the December 2004 tsunami victims?<br />
50<br />
Everything About the United Nations
5<br />
Human Rights<br />
Some facts about human rights<br />
• In 2007, 113 million school-age children were not in school—97% of<br />
them in developing countries. Of the world’s estimated 854 million<br />
illiterate adults, 544 million are women.<br />
• An estimated 171 million children – of whom 73 million are under<br />
the age of 10 - are working with hazardous chemicals and pesticides<br />
in agriculture, with dangerous machinery or in mines.<br />
• An estimated 8.4 million children are forced into bonded labor,<br />
prostitution, pornography, armed conflict or other illicit activities.<br />
• The UN has successfully negotiated two Optional Protocols to its<br />
1989 Convention on the Rights of the Child—by which States parties<br />
agree to ban the participation of children under 18 in armed<br />
conflict; and agree to prohibit the sale of children, child prostitution<br />
and child pornography. Both came into force in early 2002<br />
• Women tend to face higher rates of violence because discrimination<br />
on the basis of gender frequently renders them among the<br />
powerless members of society. Racial discrimination often results<br />
in violence. Women who face discrimination based on both race<br />
and gender are thus doubly at risk of violence.
Four-year old boy on the garbage dump in Sao Paulo.<br />
A group of children are at the <strong>International</strong> Rescue Committee kindergarden at the Hamadiya internally displaced persons (IDPs) camp in Zalingei, West Darfur,<br />
Sudan.
Human Rights<br />
What is meant by human rights?<br />
Human rights are those rights which are essential for us to live as human beings. Without<br />
human rights, we cannot fully develop and use our human qualities, our intelligence, our talent<br />
and our spirituality.<br />
The United Nations set a common standard on human rights for all nations when, in 1948,<br />
it adopted the Universal Declaration of Human Rights. By this Declaration, Governments<br />
accepted the obligation to ensure that all human beings, rich and poor, strong and weak, male<br />
and female, of all races and religions, are treated equally. The Declaration is not part of binding<br />
international law, but due to widespread acceptance by countries in the world, it has gained<br />
great moral weight.<br />
Mrs. Eleanor Roosevelt, former First Lady of the United<br />
States, holds a poster-size copy of the Universal Declaration<br />
of Human Rights. She was one of the authors of the<br />
Declaration in 1948.<br />
Which UN body has responsibility for human rights?<br />
The Human Rights Council was established in<br />
June 2006 to replace the Human Rights Commission<br />
which operated from 1946 to 2006.<br />
Unlike the Commission, the new Council is a<br />
subsidiary body of the General Assembly. This<br />
makes it directly accountable to the full membership<br />
of the United Nations. The Council is<br />
the main United Nations forum for dialogue<br />
and cooperation on human rights. It is administered<br />
by the United Nations High Commissioner<br />
for Human Rights.<br />
The UN has also adopted many international<br />
human rights treaties, legally<br />
binding nations to guarantee their<br />
citizens’ social, economic and political<br />
rights. The most important of these<br />
treaties are two <strong>International</strong> Covenants<br />
— one on economic, social and cultural<br />
rights and the other on civil and political<br />
rights. These treaties, together with<br />
Optional Protocols, are known as the<br />
<strong>International</strong> Bill of Human Rights.<br />
: http://www.un.org/rights/<br />
Inaugural session of the United Nations Human Rights Council in<br />
Geneva, 19 June 2006.<br />
Human Rights 53
All<br />
human<br />
beings<br />
are<br />
born<br />
FREE<br />
and<br />
EQUAL<br />
in<br />
dignity<br />
Every child has the right to:<br />
a name and a<br />
nationality;<br />
protection from all<br />
forms of violence,<br />
including sexual<br />
exploitation;<br />
education;<br />
freedom of<br />
thought.<br />
Do children enjoy human rights?<br />
Children enjoy the same rights as adults. However, because they are minors,<br />
they need special protection. The Convention on the Rights of the Child,<br />
adopted in 1989, sets forth the individual rights that any person under 18<br />
years of age requires to develop his or her full potential, free from hunger and<br />
want, neglect and abuse. More countries have ratified the Child Rights Convention<br />
than any other human rights treaty in history – all the 192 Member<br />
States of the UN had become State Parties to the Convention as of May 2006.<br />
What other human rights laws and agreements have been<br />
negotiated by the UN?<br />
The United Nations has helped negotiate over 80 human rights treaties and<br />
declarations, dealing with the rights of women, children, disabled persons,<br />
minorities, indigenous people and other vulnerable groups. Together, these<br />
agreements have helped create a “culture of human rights” throughout the<br />
world, proving to be a powerful tool in curbing abuses.<br />
Some human rights conventions :<br />
<br />
<br />
<br />
<br />
The Convention on the Prevention of the Crime of Genocide<br />
(1948) defines genocide as the committing of certain acts with<br />
the intent to destroy, in whole or in part, a national, ethnic, racial<br />
or religious group;<br />
The Convention against Torture and Other Cruel, Inhuman or<br />
Degrading Treatment or Punishment (1984) holds States responsible<br />
for preventing torture and makes it legally punishable;<br />
The <strong>International</strong> Convention on the Elimination of All Forms of<br />
Racial Discrimination (1966) defines racial discrimination as “any<br />
distinction, exclusion, restriction or preference based on race, colour,<br />
descent, or national or ethnic origin which has the purpose or effect<br />
of nullifying or impairing the recognition, enjoyment or exercise, on<br />
an equal footing, of human rights and fundamental freedoms in the<br />
political, economic, social, cultural or any other field of public life”,<br />
and obliges States to eliminate racial discrimination;<br />
The Convention on the Elimination of All Forms of Discrimination<br />
against Women (1979) is often described as an international bill<br />
54<br />
Everything About the United Nations
All people have the right to:<br />
of rights for women. It defines discrimination against women as any distinction,<br />
exclusion or restriction made on the basis of sex and encourages<br />
governments to take measures to stop discrimination.<br />
The Convention Relating to the Status of Refugees (1951) defines the rights<br />
of refugees, especially their right not to be forcibly returned to countries<br />
where they are at risk, and makes provisions for various aspects of their<br />
everyday lives, including their right to work, education, public assistance<br />
and social security, as well as their right to travel documents.<br />
Other than adopting international laws, how does the UN protect<br />
human rights?<br />
The UN promotes respect for human rights in several ways, including:<br />
Monitoring the human rights records of nations. It has set up the Human<br />
Rights Council which has the authority to recommend that the General<br />
Assembly suspend the rights and privileges of any Council Member that<br />
it decides has persistently committed gross and systematic violations of<br />
human rights. This process of suspension would require a two-thirds<br />
majority vote by the General Assembly.<br />
Through its six committees, which may call upon the Governments to<br />
respond to allegations; they may also adopt decisions and make them public,<br />
along with criticisms or recommendations;<br />
Appointing experts known as special rapporteurs or representatives who<br />
gather facts, visit prisons, interview victims, and make recommendations<br />
on how to increase respect for human rights;<br />
Establishing working groups to investigate such issues as arbitrary detention.<br />
When their reports highlight human rights violations, they help to<br />
mobilize international attention;<br />
Providing technical assistance to strengthen national and regional institutions,<br />
such as courts and school systems.<br />
Holding international conferences to discuss human rights issues and ask<br />
Governments to commit themselves publicly on human rights issues.<br />
life,<br />
liberty and<br />
security;<br />
freedom of<br />
expression;<br />
freedom<br />
from<br />
slavery;<br />
fair trial;<br />
equal<br />
treatment<br />
before the<br />
law;<br />
Who are the special rapporteurs and working groups?<br />
Special rapporteurs and working groups on human rights are on the front lines in<br />
the protection of human rights. They investigate violations and intervene in individual<br />
cases and emergency situations, in what are referred to as “special procedures”.<br />
Human rights experts are independent. They serve in their personal capacity<br />
for a maximum of six years. The number of such experts has grown steadily<br />
over the years. There are currently over 30 special procedure mandates.<br />
In preparing their reports to the Human Rights Council and the General Assembly,<br />
these experts use all reliable resources, including individual complaints and infor-<br />
Human Rights 55
freedom of<br />
movement;<br />
a<br />
nation ality;<br />
contract a<br />
marriage<br />
and found<br />
a family;<br />
work;<br />
equal pay<br />
for equal<br />
work.<br />
mation from non-governmental organizations (NGOs). A significant portion of their<br />
research is done locally, where they meet both with authorities and victims, and<br />
gather on-site evidence. Their reports are made public to emphasize the responsibility<br />
of Governments for the protection of human rights.<br />
: www.ohchr.org/<br />
Can individuals complain about violations of their rights?<br />
Yes. Optional protocols to some UN treaties allow individuals to lodge complaints<br />
if the Government in question has ratified the protocols. Under a confidential communications<br />
procedure, allegations of gross and systematic violations of human<br />
rights can also be submitted to the UN if domestic remedies have been exhausted.<br />
There is a Human Rights website to go to if one has human rights complaints or<br />
concerns: http://www2.ohchr.org/english/bodies/chr/complaints.htm. The email<br />
address is: CP@ohchr.org<br />
Who created the <strong>International</strong> Criminal Court?<br />
Why do we need such a court?<br />
In 1998, at a conference in Rome, 120 nations agreed to establish<br />
a permanent <strong>International</strong> Criminal Court (ICC). The court<br />
has the jurisdiction to prosecute individuals for some of the<br />
most serious offences, such as genocide, war crimes and crimes<br />
against humanity. As of 1 June 2008, 106 countries were partners<br />
to the Rome Statute of the ICC.<br />
There are real needs for such a court. In some countries, in times of conflict, there<br />
may be no courts capable of dealing properly with war crimes. It may also be that<br />
the Government in power is unwilling to prosecute its own citizens, especially if<br />
they are high-ranking officials. The ICC provides a just option in such cases.<br />
: www.icc-cpi.int/<br />
United Nations Declaration on the Rights of the Indigenous Peoples<br />
On 13 December 2007, the General Assembly adopted the United Nations Declaration<br />
on the Indigenous Peoples. It is a triumph for justice and human dignity<br />
following more than two decades of negotiations between Governments and Indigenous<br />
peoples’ representatives.<br />
The Declaration establishes a universal framework of minimum standards for<br />
the survival, dignity, well-being and rights of the world’s Indigenous peoples. It<br />
addresses both individual and collective rights; cultural rights and identity; rights<br />
to education, health, employment, language; and others. It outlaws discrimination<br />
against Indigenous peoples and promotes their full and effective participation in<br />
all matters that concern them. The Declaration also ensures their right to remain<br />
distinct and to pursue their own priorities in economic, social and cultural development.<br />
It explicitly encourages harmonious and cooperative relations between<br />
States and Indigenous peoples.<br />
56<br />
Everything About the United Nations
FACT SHEET<br />
Sending Girls to School<br />
Everywhere in the world, girls face discrimination. They often receive less food than boys do and, in<br />
many countries, they work long hours even when they are only 5 or 6 years old. Eighty million girls<br />
aged 6 to 11 do not go to school. The United Nations has adopted a treaty, the Convention on the<br />
Rights of the Child (1989), which asks Governments to spend more money to educate girls. Thanks in<br />
part to the United Nations, today 77 per cent of primary-school-age children are enrolled in school, a<br />
big jump from less than 50 per cent in 1960. This is progress, but a lot remains to be done.<br />
Children who work<br />
Until recently, 12-year-old Leandra Cristina Da<br />
Silva worked hard for a living. Instead of playing<br />
in her backyard or attending school, she<br />
laboured seven days a week, coated with dust<br />
and grime in the filth of the Olinda garbage<br />
dump on the outskirts of the coastal town of<br />
Recife in northern Brazil. Although she lives<br />
close to the sea, with Marcia, her mother, and<br />
her brother and sister, Leandra had never<br />
seen the Atlantic Ocean. Each day for Leandra<br />
was the same: after finishing her chores at<br />
home, she left every morning to work alongside<br />
her mother for 10 hours or more each day, scavenging for cans and bottles to sell.<br />
After an exhausting day at the dump, she returned to a home with no running water<br />
and crawled into a bed that she shared with her mother and two siblings.<br />
Working at the Olinda dump is mind-numbing and dangerous. When the supermarket<br />
truck appears, men, women and children scramble to get the best garbage.<br />
Yet for all the drudgery and hazards, Leandra barely earned the equivalent of $3 a<br />
day selling the collected bottles to a middleman, who makes money exploiting child<br />
workers. It is illegal for children in Brazil to work in such dangerous conditions,<br />
but the pressures of poverty force parents to take risks to feed their families.<br />
Recognizing that education is the best way to fight poverty, the United Nations<br />
Children’s Fund (UNICEF) and the UN <strong>International</strong> Labour Organization have joined<br />
forces with the Brazilian Government to open new doors for children, putting them<br />
back in school where they belong. The Bolsa Escola (“School Scholarship”) programme<br />
makes cash and in-kind grants to families to replace the income children bring in.<br />
Though Leandra was proud to help her family, she longed to go to school. Her<br />
mother, Marcia, had worked all her life and did not get any schooling. She did not<br />
really understand the bolsa and did not believe it would replace the money her<br />
daughter earned at the dump to help support the family. But then one day, good<br />
fortune smiled on Leandra. With the help of UNICEF Project Officer Ana Maria<br />
Azevedo and Susan Sarandon, UNICEF Goodwill Ambassador, Leandra was awarded<br />
a bolsa. She was thrilled to make a new start.<br />
Adapted from: UN Works<br />
: www.un.org/works/goingon/labor/eleandra_story.html<br />
Human Rights 57
Helping the victims of torture<br />
The police arrived in the middle of the night. They fired tear gas, kicked down the door and began<br />
assaulting the people in the house. A small group of people had gathered to mourn the death of<br />
a 15-year-old boy who had died in police custody. Everyone in the house, including three boys<br />
between the ages of 11 and 15, was forced into police vans.<br />
The event described above is just an illustration of torture by the State, still practiced in many<br />
countries. The United Nations wants this to stop.<br />
In 1984 the UN adopted the Convention against Torture. A 10-member Committee against Torture<br />
periodically examines reports from countries that have ratified the Convention. The UN has also<br />
set up a voluntary fund for victims of torture. It provides humanitarian, legal and financial assistance<br />
to torture victims and their children.<br />
The UN fights apartheid:<br />
a crime against humanity<br />
Apartheid, in the Afrikaans language of South Africa, means<br />
separateness. South Africa, though 80 per cent of its people<br />
are black, had long been ruled by the country’s tiny white<br />
minority. They imposed the policy of apartheid, racially segregating<br />
the country and depriving the black population of<br />
the very basic human rights. The United Nations, condemning<br />
apartheid as a “crime against humanity”, carried out a<br />
sustained campaign against this policy for more than three<br />
decades. Apartheid finally ended in April 1994 after the United<br />
Nations assisted in and supervised the holding of the country’s first free and multiracial election. Nelson<br />
Mandela, speaking before the United Nations (left), who was jailed for decades by the apartheid regime,<br />
became the first President of a new, racially-integrated South Africa.<br />
Q&A Team Play<br />
Team Play<br />
When playing as team-mates (2 or more players on a team), team-mates can work together to arrive at an<br />
answer, but must reach a consensus before declaring an answer to the other players.<br />
1. What are human rights?<br />
2. When was the Convention on the Rights of the Child adopted? What does it entail?<br />
3. Which UN body has primary responsibility for human rights?<br />
4. Other than adopting international laws, how does the UN protect human rights?<br />
5. What is the function of a special rapporteur?<br />
6. What does apartheid mean?<br />
7. What does the Declaration on the Rights of Indigenous Peoples say?<br />
58<br />
Everything About the United Nations
6<br />
Frequently asked questions
Frequently asked questions<br />
How can individuals support the UN? Can they join the Organization as members?<br />
No, only independent countries with international recognition can become members of the UN.<br />
However, individuals can support the work of the United Nations through international and<br />
local non-governmental organizations. Some of them collaborate with the UN Department of<br />
Public Information and provide the UN with valuable links to people around the world.<br />
For more information:<br />
: http://www.un.org/dpi/ngosection/index.html<br />
There are United Nations Associations (UNA-USA and WFUNA) in more than 100 countries,<br />
often with many local chapters. The UN Children’s Fund (UNICEF) has national committees in<br />
many countries, spreading awareness about UNICEF’s programmes and raising the funds to help<br />
make them a reality. Some 3,600 United Nations Educational, Scientific and Cultural organization<br />
(UNESCO) clubs, centres and associations (associated with UNESCO) in over 90 countries<br />
undertake activities in the areas of education, science, culture and communication. Major contact<br />
points are the UN information centres and services all over the world.<br />
If you have a skill in such fields as agriculture, medicine, education, information technology, vocational<br />
training, the promotion of human rights, industry and population – as well as the necessary<br />
flexibility and commitment – the UN Volunteers (UNV) programme may place you, for a one- to<br />
two-year period, with an appropriate UN development project in a developing country.<br />
Contact UN Volunteers, P.O. Box 260111, D-53153, Bonn, Germany • Tel: 49 (228) 815-2000;<br />
Fax: 49 (228) 815-2001 • Email: information@unvolunteers.org<br />
www.unv.org<br />
I want to continue my studies at a foreign university. Can the UN provide me with<br />
financial assistance?<br />
The United Nations does not provide financial assistance to students. You can find some information<br />
about scholarships offered by higher education institutions and international organizations<br />
in a guide published by UNESCO, entitled “Study Abroad”. To purchase a copy of the<br />
Study Abroad catalogue, please write to: UNESCO Publishing, Promotion and Sales Division,<br />
1 rue Miollis, 75732 Paris Cedex 15 (France) or order on-line at:<br />
: http://www.unesco.org/publishing<br />
Does the UN accept student interns?<br />
The United Nations offers an unpaid internship programme for graduate students only at its New<br />
York Headquarters. It consists of three two-month periods throughout the year. For more information<br />
go to:<br />
: http://www.un.org/Depts/OHRM/sds/internsh/index.htm<br />
Frequently asked questions 61
Where can I get information about a UN Member country’s position on various<br />
current issues?<br />
You can obtain such information from the Permanent Mission to the United Nations of the<br />
country concerned. The list of websites for the Member States can be found at:<br />
: http://www.un.int/index-en/webs.html<br />
What is United Nations Day?<br />
It is the birthday of the United Nations. It falls on 24 October, the day that the Organization<br />
came into being in 1945 after a majority of its original Members formally accepted their<br />
membership by agreeing to the Charter of the United Nations. Thus, 24 October is celebrated<br />
all over the world as United Nations Day.<br />
Is information about the UN available through the Internet?<br />
The UN has its own home page at<br />
: www.un.org<br />
Is there anything on the UN webite designed especially<br />
for young people?<br />
The United Nations CyberSchoolBus has been set up to provide<br />
materials about the Organization for children and teachers.<br />
: www.un.org/Cyberschoolbus<br />
Does the UN have an anthem?<br />
The UN does not have an official anthem or hymn. The General<br />
Assembly recognized the need for an official song and reserved the<br />
right to select and adopt one. So far, no decision has been taken.<br />
In 1970, Maestro Pablo Casals of Spain set music to a hymn written<br />
in honour of the UN by English poet W. H. Auden. This hymn was<br />
performed on UN Day in 1971 at UN Headquarters.<br />
Where can I write for more information about the<br />
United Nations?<br />
You can write to:<br />
Visitors Services, Department of Public Information,<br />
GA-57, United Nations, New York, NY 10017, USA.<br />
E-Mail: inquiries@un.org<br />
Phone: (212) 963-4475<br />
Fax: (212) 963-0071<br />
Maestro Pablo Casals of Spain conducting<br />
the premiere of his “Hymn to the United<br />
Nations” at UN Headquarters,<br />
24 October 1971.<br />
: www.un.org/geninfo/faq<br />
62<br />
Everything About the United Nations
What are some of the special days celebrated by the United Nations?<br />
27 January <strong>International</strong> Day of Commemoration in Memory of<br />
the Victims of the Holocaust<br />
8 March <strong>International</strong> Women’s Day<br />
21 March <strong>International</strong> Day for the Elimination of Racial Discrimination<br />
25 March <strong>International</strong> Day of Remembrance of the Victims of Slavery<br />
and the Transatlantic Slave Trade<br />
7 April World Health Day<br />
3 May World Press Freedom Day<br />
15 May <strong>International</strong> Day of Families<br />
21 May World Day for Cultural Diversity for Dialogue and Development<br />
29 May <strong>International</strong> Day of United Nations Peacekeepers<br />
31 May World No-Tobacco Day<br />
5 June World Environment Day<br />
20 June World Refugee Day<br />
26 June <strong>International</strong> Day against Drug Abuse<br />
11 July World Population Day<br />
9 August <strong>International</strong> Day of the World’s Indigenous People<br />
8 September <strong>International</strong> Literacy Day<br />
21 September <strong>International</strong> Day of Peace<br />
1 October <strong>International</strong> Day of Older Persons<br />
2 October <strong>International</strong> Day of Non-Violence<br />
17 October <strong>International</strong> Day for the Eradication of Poverty<br />
24 October United Nations Day<br />
16 November <strong>International</strong> Day of Tolerance<br />
20 November Universal Children’s Day<br />
25 November <strong>International</strong> Day for the Elimination of Violence Against Women<br />
29 November <strong>International</strong> Day of Solidarity with the Palestinian People<br />
1 December World AIDS Day<br />
3 December <strong>International</strong> Day of Disabled Persons<br />
9 December <strong>International</strong> Anti-Corruption Day<br />
10 December Human Rights Day<br />
18 December <strong>International</strong> Migrant’s Day<br />
Frequently asked questions 63
64<br />
Everything About the United Nations
Did You Know?<br />
77<br />
Since 1945, the UN has assisted in negotiating more than<br />
170 peace settlements that have ended regional conflicts.<br />
77 The United Nations played a role in bringing about<br />
independence in more than 80 countries that are now<br />
sovereign nations.<br />
77 Over 500 multinational treaties – on human rights, terrorism,<br />
international crime, refugees, disarmament, commodities and<br />
the oceans – have been enacted through the efforts of the<br />
United Nations.<br />
77 The World Food Programme, the world’s largest humanitarian<br />
agency, reaches on average 90 million hungry people in<br />
80 countries every year.<br />
77 An estimated 90 per cent of global conflict-related deaths<br />
since 1990 have been civilians, and 80 percent of these have<br />
been women and children.<br />
77 If each poor person on the planet had the same energy-rich<br />
lifestyle as an average person in Germany or the United<br />
Kingdom, four planets would be needed to safely cope with<br />
the pollution. That figure rises to nine planets when compared<br />
with the average of the United States or Canada.<br />
07-26304—DPI/1888/Rev.3—August 2008—15M
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Advocacy Foundation Publishers<br />
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Advocacy Foundation Publishers<br />
The e-Advocate Quarterly<br />
Page 176 of 198
Issue Title Quarterly<br />
Vol. I 2015 The Fundamentals<br />
I<br />
The ComeUnity ReEngineering<br />
Project Initiative<br />
Q-1 2015<br />
II The Adolescent <strong>Law</strong> Group Q-2 2015<br />
III<br />
Landmark Cases in US<br />
Juvenile <strong>Justice</strong> (PA)<br />
Q-3 2015<br />
IV The First Amendment Project Q-4 2015<br />
Vol. II 2016 Strategic Development<br />
V The Fourth Amendment Project Q-1 2016<br />
VI<br />
Landmark Cases in US<br />
Juvenile <strong>Justice</strong> (NJ)<br />
Q-2 2016<br />
VII Youth Court Q-3 2016<br />
VIII<br />
The Economic Consequences of Legal<br />
Decision-Making<br />
Q-4 2016<br />
Vol. III 2017 Sustainability<br />
IX The Sixth Amendment Project Q-1 2017<br />
X<br />
The Theological Foundations of<br />
US <strong>Law</strong> & Government<br />
Q-2 2017<br />
XI The Eighth Amendment Project Q-3 2017<br />
XII<br />
The EB-5 Investor<br />
Immigration Project*<br />
Q-4 2017<br />
Vol. IV 2018 Collaboration<br />
XIII Strategic Planning Q-1 2018<br />
XIV<br />
The Juvenile <strong>Justice</strong><br />
Legislative Reform Initiative<br />
Q-2 2018<br />
XV The Advocacy Foundation Coalition Q-3 2018<br />
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XVI<br />
for Drug-Free Communities<br />
Landmark Cases in US<br />
Juvenile <strong>Justice</strong> (GA)<br />
Q-4 2018<br />
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Issue Title Quarterly<br />
Vol. V 2019 Organizational Development<br />
XVII The Board of Directors Q-1 2019<br />
XVIII The Inner Circle Q-2 2019<br />
XIX Staff & Management Q-3 2019<br />
XX Succession Planning Q-4 2019<br />
XXI The Budget* Bonus #1<br />
XXII Data-Driven Resource Allocation* Bonus #2<br />
Vol. VI 2020 Missions<br />
XXIII Critical Thinking Q-1 2020<br />
XXIV<br />
The Advocacy Foundation<br />
Endowments Initiative Project<br />
Q-2 2020<br />
XXV <strong>International</strong> Labor Relations Q-3 2020<br />
XXVI Immigration Q-4 2020<br />
Vol. VII 2021 Community Engagement<br />
XXVII<br />
The 21 st Century Charter Schools<br />
Initiative<br />
Q-1 2021<br />
XXVIII The All-Sports Ministry @ ... Q-2 2021<br />
XXIX Lobbying for Nonprofits Q-3 2021<br />
XXX<br />
XXXI<br />
Advocacy Foundation Missions -<br />
Domestic<br />
Advocacy Foundation Missions -<br />
<strong>International</strong><br />
Q-4 2021<br />
Bonus<br />
Page 179 of 198
Vol. VIII<br />
2022 ComeUnity ReEngineering<br />
XXXII<br />
The Creative & Fine Arts Ministry<br />
@ The Foundation<br />
Q-1 2022<br />
XXXIII The Advisory Council & Committees Q-2 2022<br />
XXXIV<br />
The Theological Origins<br />
of Contemporary Judicial Process<br />
Q-3 2022<br />
XXXV The Second Chance Ministry @ ... Q-4 2022<br />
Vol. IX 2023 Legal Reformation<br />
XXXVI The Fifth Amendment Project Q-1 2023<br />
XXXVII The Judicial Re-Engineering Initiative Q-2 2023<br />
XXXVIII<br />
The Inner-Cities Strategic<br />
Revitalization Initiative<br />
Q-3 2023<br />
XXXVIX Habeas Corpus Q-4 2023<br />
Vol. X 2024 ComeUnity Development<br />
XXXVX<br />
The Inner-City Strategic<br />
Revitalization Plan<br />
Q-1 2024<br />
XXXVXI The Mentoring Initiative Q-2 2024<br />
XXXVXII The Violence Prevention Framework Q-3 2024<br />
XXXVXIII The Fatherhood Initiative Q-4 2024<br />
Vol. XI 2025 Public Interest<br />
XXXVXIV Public Interest <strong>Law</strong> Q-1 2025<br />
L (50) Spiritual Resource Development Q-2 2025<br />
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LI<br />
Nonprofit Confidentiality<br />
In The Age of Big Data<br />
Q-3 2025<br />
LII Interpreting The Facts Q-4 2025<br />
Vol. XII 2026 Poverty In America<br />
LIII<br />
American Poverty<br />
In The New Millennium<br />
Q-1 2026<br />
LIV Outcome-Based Thinking Q-2 2026<br />
LV Transformational Social Leadership Q-3 2026<br />
LVI The Cycle of Poverty Q-4 2026<br />
Vol. XIII 2027 Raising Awareness<br />
LVII ReEngineering Juvenile <strong>Justice</strong> Q-1 2027<br />
LVIII Corporations Q-2 2027<br />
LVIX The Prison Industrial Complex Q-3 2027<br />
LX Restoration of Rights Q-4 2027<br />
Vol. XIV 2028 Culturally Relevant Programming<br />
LXI Community Culture Q-1 2028<br />
LXII Corporate Culture Q-2 2028<br />
LXIII Strategic Cultural Planning Q-3 2028<br />
LXIV<br />
The Cross-Sector/ Coordinated<br />
Service Approach to Delinquency<br />
Prevention<br />
Q-4 2028<br />
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Vol. XV 2029 Inner-Cities Revitalization<br />
LXIV<br />
LXV<br />
LXVI<br />
Part I – Strategic Housing<br />
Revitalization<br />
(The Twenty Percent Profit Margin)<br />
Part II – Jobs Training, Educational<br />
Redevelopment<br />
and Economic Empowerment<br />
Part III - Financial Literacy<br />
and Sustainability<br />
Q-1 2029<br />
Q-2 2029<br />
Q-3 2029<br />
LXVII Part IV – Solutions for Homelessness Q-4 2029<br />
LXVIII<br />
The Strategic Home Mortgage<br />
Initiative<br />
Bonus<br />
Vol. XVI 2030 Sustainability<br />
LXVIII Social Program Sustainability Q-1 2030<br />
LXIX<br />
The Advocacy Foundation<br />
Endowments Initiative<br />
Q-2 2030<br />
LXX Capital Gains Q-3 2030<br />
LXXI Sustainability Investments Q-4 2030<br />
Vol. XVII 2031 The <strong>Justice</strong> Series<br />
LXXII Distributive <strong>Justice</strong> Q-1 2031<br />
LXXIII Retributive <strong>Justice</strong> Q-2 2031<br />
LXXIV Procedural <strong>Justice</strong> Q-3 2031<br />
LXXV (75) Restorative <strong>Justice</strong> Q-4 2031<br />
LXXVI Unjust Legal Reasoning Bonus<br />
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Vol. XVIII 2032 Public Policy<br />
LXXVII Public Interest <strong>Law</strong> Q-1 2032<br />
LXXVIII Reforming Public Policy Q-2 2032<br />
LXXVIX ... Q-3 2032<br />
LXXVX ... Q-4 2032<br />
Page 183 of 198
The e-Advocate Monthly Review<br />
2018<br />
Transformational Problem Solving January 2018<br />
The Advocacy Foundation February 2018<br />
Opioid Initiative<br />
Native-American Youth March 2018<br />
In the Juvenile <strong>Justice</strong> System<br />
Barriers to Reducing Confinement April 2018<br />
Latino and Hispanic Youth May 2018<br />
In the Juvenile <strong>Justice</strong> System<br />
Social Entrepreneurship June 2018<br />
The Economic Consequences of<br />
Homelessness in America S.Ed – June 2018<br />
African-American Youth July 2018<br />
In the Juvenile <strong>Justice</strong> System<br />
Gang Deconstruction August 2018<br />
Social Impact Investing September 2018<br />
Opportunity Youth: October 2018<br />
Disenfranchised Young People<br />
The Economic Impact of Social November 2018<br />
of Social Programs Development<br />
Gun Control December 2018<br />
2019<br />
The U.S. Stock Market January 2019<br />
Prison-Based Gerrymandering February 2019<br />
Literacy-Based Prison Construction March 2019<br />
Children of Incarcerated Parents April 2019<br />
Page 184 of 198
African-American Youth in The May 2019<br />
Juvenile <strong>Justice</strong> System<br />
Racial Profiling June 2019<br />
Mass Collaboration July 2019<br />
Concentrated Poverty August 2019<br />
De-Industrialization September 2019<br />
Overcoming Dyslexia October 2019<br />
Overcoming Attention Deficit November 2019<br />
The Gift of Adversity December 2019<br />
2020<br />
The Gift of Hypersensitivity January 2020<br />
The Gift of Introspection February 2020<br />
The Gift of Introversion March 2020<br />
The Gift of Spirituality April 2020<br />
The Gift of Transformation May 2020<br />
Property Acquisition<br />
for Sustainability June 2020<br />
Investing for Organizational<br />
Sustainability July 2020<br />
Biblical <strong>Law</strong> & <strong>Justice</strong> TLFA August 2020<br />
Gentrification AF September 2020<br />
Environmental Racism NpA October 2020<br />
<strong>Law</strong> for The Poor AF November 2020<br />
<strong>International</strong> <strong>Law</strong> & <strong>Justice</strong> LMI December 2020<br />
Page 185 of 198
The e-Advocate Quarterly<br />
Special Editions<br />
Crowdfunding Winter-Spring 2017<br />
Social Media for Nonprofits October 2017<br />
Mass Media for Nonprofits November 2017<br />
The Opioid Crisis in America: January 2018<br />
Issues in Pain Management<br />
The Opioid Crisis in America: February 2018<br />
The Drug Culture in the U.S.<br />
The Opioid Crisis in America: March 2018<br />
Drug Abuse Among Veterans<br />
The Opioid Crisis in America: April 2018<br />
Drug Abuse Among America’s<br />
Teens<br />
The Opioid Crisis in America: May 2018<br />
Alcoholism<br />
The Economic Consequences of June 2018<br />
Homelessness in The US<br />
The Economic Consequences of July 2018<br />
Opioid Addiction in America<br />
Page 186 of 198
The e-Advocate Journal<br />
of Theological Jurisprudence<br />
Vol. I - 2017<br />
The Theological Origins of Contemporary Judicial Process<br />
Scriptural Application to The Model Criminal Code<br />
Scriptural Application for Tort Reform<br />
Scriptural Application to Juvenile <strong>Justice</strong> Reformation<br />
Vol. II - 2018<br />
Scriptural Application for The Canons of Ethics<br />
Scriptural Application to Contracts Reform<br />
& The Uniform Commercial Code<br />
Scriptural Application to The <strong>Law</strong> of Property<br />
Scriptural Application to The <strong>Law</strong> of Evidence<br />
Page 187 of 198
Legal Missions <strong>International</strong><br />
Page 188 of 198
Issue Title Quarterly<br />
Vol. I 2015<br />
I<br />
II<br />
God’s Will and The 21 st Century<br />
Democratic Process<br />
The Community<br />
Engagement Strategy<br />
Q-1 2015<br />
Q-2 2015<br />
III Foreign Policy Q-3 2015<br />
IV<br />
Public Interest <strong>Law</strong><br />
in The New Millennium<br />
Q-4 2015<br />
Vol. II 2016<br />
V Ethiopia Q-1 2016<br />
VI Zimbabwe Q-2 2016<br />
VII Jamaica Q-3 2016<br />
VIII Brazil Q-4 2016<br />
Vol. III 2017<br />
IX India Q-1 2017<br />
X Suriname Q-2 2017<br />
XI The Caribbean Q-3 2017<br />
XII United States/ Estados Unidos Q-4 2017<br />
Vol. IV 2018<br />
XIII Cuba Q-1 2018<br />
XIV Guinea Q-2 2018<br />
XV Indonesia Q-3 2018<br />
XVI Sri Lanka Q-4 2018<br />
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Vol. V 2019<br />
XVII Russia Q-1 2019<br />
XVIII Australia Q-2 2019<br />
XIV South Korea Q-3 2019<br />
XV Puerto Rico Q-4 2019<br />
Issue Title Quarterly<br />
Vol. VI 2020<br />
XVI Trinidad & Tobago Q-1 2020<br />
XVII Egypt Q-2 2020<br />
XVIII Sierra Leone Q-3 2020<br />
XIX South Africa Q-4 2020<br />
XX Israel Bonus<br />
Vol. VII 2021<br />
XXI Haiti Q-1 2021<br />
XXII Peru Q-2 2021<br />
XXIII Costa Rica Q-3 2021<br />
XXIV China Q-4 2021<br />
XXV Japan Bonus<br />
Vol VIII 2022<br />
XXVI Chile Q-1 2022<br />
Page 190 of 198
The e-Advocate Juvenile <strong>Justice</strong> Report<br />
______<br />
Vol. I – Juvenile Delinquency in The US<br />
Vol. II. – The Prison Industrial Complex<br />
Vol. III – Restorative/ Transformative <strong>Justice</strong><br />
Vol. IV – The Sixth Amendment Right to The Effective Assistance of Counsel<br />
Vol. V – The Theological Foundations of Juvenile <strong>Justice</strong><br />
Vol. VI – Collaborating to Eradicate Juvenile Delinquency<br />
Page 191 of 198
The e-Advocate Newsletter<br />
Genesis of The Problem<br />
Family Structure<br />
Societal Influences<br />
Evidence-Based Programming<br />
Strengthening Assets v. Eliminating Deficits<br />
2012 - Juvenile Delinquency in The US<br />
Introduction/Ideology/Key Values<br />
Philosophy/Application & Practice<br />
Expungement & Pardons<br />
Pardons & Clemency<br />
Examples/Best Practices<br />
2013 - Restorative <strong>Justice</strong> in The US<br />
2014 - The Prison Industrial Complex<br />
25% of the World's Inmates Are In the US<br />
The Economics of Prison Enterprise<br />
The Federal Bureau of Prisons<br />
The After-Effects of Incarceration/Individual/Societal<br />
The Fourth Amendment Project<br />
The Sixth Amendment Project<br />
The Eighth Amendment Project<br />
The Adolescent <strong>Law</strong> Group<br />
2015 - US Constitutional Issues In The New Millennium<br />
Page 192 of 198
2018 - The Theological <strong>Law</strong> Firm Academy<br />
The Theological Foundations of US <strong>Law</strong> & Government<br />
The Economic Consequences of Legal Decision-Making<br />
The Juvenile <strong>Justice</strong> Legislative Reform Initiative<br />
The EB-5 <strong>International</strong> Investors Initiative<br />
2017 - Organizational Development<br />
The Board of Directors<br />
The Inner Circle<br />
Staff & Management<br />
Succession Planning<br />
Bonus #1 The Budget<br />
Bonus #2 Data-Driven Resource Allocation<br />
2018 - Sustainability<br />
The Data-Driven Resource Allocation Process<br />
The Quality Assurance Initiative<br />
The Advocacy Foundation Endowments Initiative<br />
The Community Engagement Strategy<br />
2019 - Collaboration<br />
Critical Thinking for Transformative <strong>Justice</strong><br />
<strong>International</strong> Labor Relations<br />
Immigration<br />
God's Will & The 21st Century Democratic Process<br />
The Community Engagement Strategy<br />
The 21st Century Charter Schools Initiative<br />
2020 - Community Engagement<br />
Page 193 of 198
Extras<br />
The Nonprofit Advisors Group Newsletters<br />
The 501(c)(3) Acquisition Process<br />
The Board of Directors<br />
The Gladiator Mentality<br />
Strategic Planning<br />
Fundraising<br />
501(c)(3) Reinstatements<br />
The Collaborative US/ <strong>International</strong> Newsletters<br />
How You Think Is Everything<br />
The Reciprocal Nature of Business Relationships<br />
Accelerate Your Professional Development<br />
The Competitive Nature of Grant Writing<br />
Assessing The Risks<br />
Page 194 of 198
Page 195 of 198
About The Author<br />
John C (Jack) Johnson III<br />
Founder & CEO<br />
Jack was educated at Temple University, in Philadelphia, Pennsylvania and Rutgers<br />
<strong>Law</strong> School, in Camden, New Jersey. In 1999, he moved to Atlanta, Georgia to pursue<br />
greater opportunities to provide Advocacy and Preventive Programmatic services for atrisk/<br />
at-promise young persons, their families, and <strong>Justice</strong> Professionals embedded in the<br />
Juvenile <strong>Justice</strong> process in order to help facilitate its transcendence into the 21 st Century.<br />
There, along with a small group of community and faith-based professionals, “The Advocacy Foundation, Inc." was conceived<br />
and developed over roughly a thirteen year period, originally chartered as a Juvenile Delinquency Prevention and Educational<br />
Support Services organization consisting of Mentoring, Tutoring, Counseling, Character Development, Community Change<br />
Management, Practitioner Re-Education & Training, and a host of related components.<br />
The Foundation’s Overarching Mission is “To help Individuals, Organizations, & Communities Achieve Their Full Potential”, by<br />
implementing a wide array of evidence-based proactive multi-disciplinary "Restorative & Transformative <strong>Justice</strong>" programs &<br />
projects currently throughout the northeast, southeast, and western international-waters regions, providing prevention and support<br />
services to at-risk/ at-promise youth, to young adults, to their families, and to Social Service, <strong>Justice</strong> and Mental<br />
Health professionals” everywhere. The Foundation has since relocated its headquarters to Philadelphia, Pennsylvania, and been<br />
expanded to include a three-tier mission.<br />
In addition to his work with the Foundation, Jack also served as an Adjunct Professor of <strong>Law</strong> & Business at National-Louis<br />
University of Atlanta (where he taught Political Science, Business & Legal Ethics, Labor & Employment Relations, and Critical<br />
Thinking courses to undergraduate and graduate level students). Jack has also served as Board President for a host of wellestablished<br />
and up & coming nonprofit organizations throughout the region, including “Visions Unlimited Community<br />
Development Systems, Inc.”, a multi-million dollar, award-winning, Violence Prevention and Gang Intervention Social Service<br />
organization in Atlanta, as well as Vice-Chair of the Georgia/ Metropolitan Atlanta Violence Prevention Partnership, a state-wide<br />
300 organizational member, violence prevention group led by the Morehouse School of Medicine, Emory University and The<br />
Original, Atlanta-Based, Martin Luther King Center.<br />
Attorney Johnson’s prior accomplishments include a wide-array of Professional Legal practice areas, including Private Firm,<br />
Corporate and Government postings, just about all of which yielded significant professional awards & accolades, the history and<br />
chronology of which are available for review online. Throughout his career, Jack has served a wide variety of for-profit<br />
corporations, law firms, and nonprofit organizations as Board Chairman, Secretary, Associate, and General Counsel since 1990.<br />
www.TheAdvocacyFoundation.org<br />
Clayton County Youth Services Partnership, Inc. – Chair; Georgia Violence Prevention Partnership, Inc – Vice Chair; Fayette<br />
County NAACP - Legal Redress Committee Chairman; Clayton County Fatherhood Initiative Partnership – Principal<br />
Investigator; Morehouse School of Medicine School of Community Health Feasibility Study - Steering Committee; Atlanta<br />
Violence Prevention Capacity Building Project – Project Partner; Clayton County Minister’s Conference, President 2006-2007;<br />
Liberty In Life Ministries, Inc. – Board Secretary; Young Adults Talk, Inc. – Board of Directors; ROYAL, Inc - Board of<br />
Directors; Temple University Alumni Association; Rutgers <strong>Law</strong> School Alumni Association; Sertoma <strong>International</strong>; Our<br />
Common Welfare Board of Directors – President)2003-2005; River’s Edge Elementary School PTA (Co-President); Summerhill<br />
Community Ministries; Outstanding Young Men of America; Employee of the Year; Academic All-American - Basketball;<br />
Church Trustee.<br />
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www.TheAdvocacyFoundation.org<br />
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