Yearbook of the International Law Commission 2006, Vol. II, Part 1 (Addendum 2)


Book Description

The International Law Commission was established in 1947 with a view to carrying out the responsibility of the General Assembly, under article 13(1)(a) of the Charter of the United Nations, to “initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification.” Since its first session in 1949, the Commission has considered a wide-range of topics of international law and made a number of proposals for its codification and progressive development, some of which have served as the basis for the subsequent adoption of major multilateral treaties. The Yearbook of the International Law Commission contains the official records of the Commission and is an indispensable tool for the preservation of the legislative history of the documents emanating from the Commission, as well as for the teaching, study, dissemination and wider appreciation of the efforts undertaken by the Commission in the progressive development of international law and its codification. Volume II (Part One) reproduces the edited versions of the official documents considered by the Commission at the respective annual session.







International Law and Sea Level Rise


Book Description

This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.




Treaty Interpretation


Book Description

The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.




Nationality and Statelessness under International Law


Book Description

This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.




Peremptory Norms of General International Law (Jus Cogens) and the Prohibition of Terrorism


Book Description

Winner of the 2020 ASIL Lieber prize! In Peremptory Norms of International Law and Terrorism (Jus Cogens) and the Prohibition of Terrorism, Aniel de Beer analyses the role of these norms (jus cogens norms) in the fight against terrorism. Jus cogens norms protect fundamental values of the international community, are hierarchically superior and non-derogable. The author argues, based on an analysis of the sources of international law, that the prohibition of terrorism has become the jus cogens norm of our time. She further considers the impact of the status of the prohibition of terrorism as a jus cogens norm on other norms of international law relevant in the fight against terrorism, namely the prohibition of torture, the right to a fair trial and the prohibition of the inter-state use of force.







'Armed Attack' and Article 51 of the UN Charter


Book Description

This book examines to what extent the right of self-defence, as laid down in Article 51 of the Charter of the United Nations, permits States to launch military operations against other States. In particular, it focuses on the occurrence of an 'armed attack' - the crucial trigger for the activation of this right. In light of the developments since 9/11, the author analyses relevant physical and verbal customary practice, ranging from the 1974 Definition of Aggression to recent incidents such as the 2001 US intervention in Afghanistan and the 2006 Israeli intervention in Lebanon. The notion of 'armed attack' is examined from a threefold perspective. What acts can be regarded as an 'armed attack'? When can an 'armed attack' be considered to take place? And from whom must an 'armed attack' emanate? By way of conclusion, the different findings are brought together in a draft 'Definition of Armed Attack'.




Protecting the Environment During Armed Conflict


Book Description

This report inventories and analyses the range of international laws that protect the environment during armed conflict. With a view to identifying the current gaps and weaknesses in this system, the authors examine the relevant provisions within four bodies of international law - environmental humanitarian (IHL), international criminal law (ICL), international environmental law (IEL), and international human rights law (HRL). The report concludes with twelve concrete recommendations on ways to strengthen this legal framework and its enforcement. The Environment and Natural Resources are crucial for building and consolidating peace, it is urgent that their protection in times of armed conflict be strengthened. There can be no durable peace if the natural resources that sustain livelihoods are damaged or destroyed. This report provides a basis upon which Member States can draw upon to clarify, expand and enforce international law on environmental protection in times of war.