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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 />

Page 2 of 198


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 />

Page 3 of 198


Page 4 of 198


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 />

Page 5 of 198


Page 6 of 198


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 />

Page 7 of 198


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 />

Page 8 of 198


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


Page 10 of 198


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 />

Page 11 of 198


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 />

Page 12 of 198


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 />

Page 13 of 198


Page 14 of 198


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 />

Page 15 of 198


Page 16 of 198


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 />

Page 17 of 198


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 />

Page 18 of 198


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 />

Page 19 of 198


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 />

Page 20 of 198


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 />

Page 24 of 198


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 />

Page 26 of 198


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 />

Page 27 of 198


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 />

Page 28 of 198


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 />

Page 29 of 198


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 />

Page 30 of 198


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 />

Page 31 of 198


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 />

Page 37 of 198


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 />

Page 38 of 198


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 />

Page 39 of 198


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 />

Page 40 of 198


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 />

Page 42 of 198


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 />

Page 46 of 198


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 />

Page 48 of 198


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 />

Page 68 of 198


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 />

Page 76 of 198


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 />

Page 117 of 198


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 />

Page 122 of 198


<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 />

Page 124 of 198


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 />

Page 130 of 198


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 />

Page 132 of 198


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 />

Page 133 of 198


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 />

Page 134 of 198


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 />

Page 135 of 198


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 />

Page 136 of 198


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 />

Page 137 of 198


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 />

Page 138 of 198


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 />

Page 153 of 198


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 />

Page 156 of 198


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 />

Page 157 of 198


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 />

Page 159 of 198


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 />

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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 />

The United Nations Family 23


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 />

Page 177 of 198


XVI<br />

for Drug-Free Communities<br />

Landmark Cases in US<br />

Juvenile <strong>Justice</strong> (GA)<br />

Q-4 2018<br />

Page 178 of 198


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 />

Page 189 of 198


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 />

Page 196 of 198


www.TheAdvocacyFoundation.org<br />

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