Simon Chesterman, David M. Malone, and Santiago Villalpando
ISBN: 9780190947842 (Hardcover) Publicado: 27 June 2019 Páginas: 736
The United Nations is a vital part of the international order. Yet this book argues that the greatest contribution of the UN is not what it has achieved (improvements in health and economic development, for example) or avoided (global war, say, or the use of weapons of mass destruction). It is, instead, the process through which the UN has transformed the structure of international law to expand the range and depth of subjects covered by treaties. This handbook offers the first sustained analysis of the UN as a forum in which and an institution through which treaties are negotiated and implemented. Chapters are written by authors from different fields, including academics and practitioners; lawyers and specialists from other social sciences (international relations, history, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus provides unique insights into UN treaty-making. Through the thematic and technical parts, it also offers a lens through which to view challenges lying ahead and the possibilities and limitations of this understudied aspect of international law and relations.
List of Contributors Introduction to the Oxford Handbook of United Nations Treaties, Simon Chesterman, David M. Malone, and Santiago Villalpando PART I EVOLUTION-UN TREATY-MAKING IN PRACTICE AND IN THEORY 1. The UN Charter and Its Evolution, Ian Johnstone 2. Treaty-Making in International Organizations: International Relations Theory, Shirley V. Scott 3. Treaty-Making at the United Nations: The View from the Secretariat, Stephen Mathias 4. The Role of Treaties in Pursuing the Objectives of the UN Charter, Christian J. Tams 5. The Place of Treaties in the Codification and Progressive Development of International Law, Giorgio Gaja 6. The Choice of a Treaty: Hard Law versus Soft Law, Alan Boyle PART II PRACTICE-SCHOLARLY ANDPRACTITIONER ACCOUNTS OF UN TREATY-MAKING A. International Peace and Security 7A. United Nations Weapons Control Treaties, Barry Kellman 7B. Creating from Chaos: Practitioner Reflections on Multilateral Treaty-Making, Daniël Prins 8A. Terrorism, Pierre Klein 8B. Terrorism: Practitioner Reflection, A. Rohan Perera 9. The Peaceful Uses of Outer Space, Tanja Masson-Zwaan and Roberto Cassar B. Economic and Social Development 10. Environment and Sustainable Development, Marie-Claire Cordonier Segger and Alexandra Harrington 11. The ILO’s Standard-Setting: The First One Hundred Years, George P. Politakis 12. Women, Hilary Charlesworth 13. Drugs and Crime David Bewley-Taylor and Martin Jelsma 14. Trade and Development, MakaneMoïse Mbengue 15. Culture, Tullio Scovazzi 16. The Practice of UN Treaty-Making Concerning Science, Sam Johnston 17A. Health, Allyn L. Taylor 17B. Health: Practitioner Comment, Gian Luca Burci 18. Intellectual Property, Edward Kwakwa C. Human Rights 19. The Human Rights Treaty Body System, Jane Connors 20. The Covenants, Bertrand G. Ramcharan 21. The Committees on Human Rights and Economic, Social and Cultural Rights, Helen Keller and Corina Heri 22. United Nations Treaty-Making: Refugees and Stateless Persons, Guy S. Goodwin-Gill 23A. International Criminal Law and UN Treaties, Salvatore Zappalà 23B. International Criminal Law: Practitioner Reflection, Hirad Abtahi and Philippe Kirsch D. International Law 24A. Law of Treaties, Malgosia Fitzmaurice 24B. Law of Treaties: Practitioner Reflection, Lionel Yee 25A. Law of the Sea, Yoshifumi Tanaka 25B. Negotiating the UN Convention on the Law of the Sea: A Practitioner’s Reflection, Tommy Koh 26. Privileges and Immunities of the United Nations and Specialized Agencies, Davinia Aziz and Alison See 27. Diplomatic and Consular Relations, Sanderijn Duquet and Jan Wouters 28. International Commercial Arbitration, Corinne Montineri 29. Responsibility of States and International Organizations, Pierre Bodeau-Livinec PART III TECHNIQUE-INNOVATION IN TREATY-MAKING AT THE UNITED NATIONS 30. The Negotiation of Multilateral Treaties at the United Nations: A Negotiator’s View, Michael Wood 31. The Participation of Nonstate Actors in the Multilateral Treaty Process, Philippa Webb 32. Participation of International Organizations in UN Treaties, Jan Klabbers 33. The Role of the United Nations in Promoting Transparency in the International Treaty Framework: A view through the registration and publication of treaties under article of the charter of the united nations, Jonathan Agar and Christel Mobech 34. The Role of the Secretary-General of the United Nations as Depositary of Multilateral Treaties, Arancha Hinojal-Oyarbide
Simon Chesterman is Dean of the National University of Singapore Faculty of Law and Editor of the Asian Journal of International Law.
David M. Malone is Under-Secretary General of the United Nations and Rector of the UN University, headquartered in Tokyo.
Santiago Villalpando is the Legal Advisor of the United Nations Educational, Scientific and Cultural Organization (UNESCO).
Hirad Abtahi is the Legal Adviser, Head of the Legal and Enforcement Unit, Presidency at the International Criminal Court Jonathan Agar is a Legal Officer with the UN Office of Legal Affairs Davinia Aziz is Senior State Counsel in the International Affairs Division, Attorney-General’s Chambers, Singapore David Bewley-Taylor is Professor of International Relations and Public Policy at Swansea University Pierre Bodeau-Livinec is Professor of Public law at the University Paris Nanterre Alan Boyle is Emeritus Professor of Public International Law at the University of Edinburgh Gian Luca Burci is Adjunct Professor at the Graduate Institute of International and Development Studies Geneva Roberto Cassar is a LLM (cum laude) in Advanced Studies in Air and Space Law, International Institute of Air and Space Law at Leiden University Hilary Charlesworth is a Melbourne Laureate Professor at Melbourne Law School and a Distinguished Professor at the Australian National University. Simon Chesterman is Dean and Professor at the National University of Singapore Faculty of Law Jane Connors is the United Nations Victims’ Rights Advocate and former International Advocacy Director Law and Policy at Amnesty International. Her contribution was written before she entered into her current role. Marie-Claire Cordonier Segger is Senior Director of the Centre for International Sustainable Development Law, Full Professor of International Law at the University of Waterloo, and an LCIL and CEENRG Fellow at the University of Cambridge Sanderijn Duquet is a Belgian diplomat and an Associate Research Fellow, Leuven Centre for Global Governance Studies, University of Leuven Malgosia Fitzmaurice is Professor of Public International Law, Department of Law at the Queen Mary University of London Giorgio Gaja is a Judge at the International Court of Justice Guy S. Goodwin-Gill is Professor of Law and Acting Director, Andrew & Renata Kaldor Centre for International Refugee Law at the University of New South Wales, and Emeritus Fellow of All Souls College, University of Oxford Alexandra Harrington is Lead Counsel for Governance & Intergenerational Justice at the Centre for International Sustainable Development Law Corina Heri is a postdoctoral researcher at the Amsterdam Centre for International Law at the University of Amsterdam Arancha Hinojal-Oyarbide is a Legal Officer in the Treaty Section at the UN Office of Legal Affairs Alexandra Ivanovic is a former Australian solicitor and mediator, and the Senior Manager in the Office of the Rector at the United Nations University Martin Jelsma is the Drugs and Democracy Programme Director at the Transnational Institute Amsterdam Sam Johnston is a Senior Fellow, Faculty of Law at the University of Melbourne, Ian Johnstone is Dean ad interim and Professor of International Law at the Fletcher School of Law and Diplomacy at Tufts University Jan Klabbers is a Professor of International Law at the University of Helsinki Helen Keller is a Judge at the European Court of Human Rights and Professor of Public Law, European and Public International Law at the University of Zurich. Barry Kellman is Professor of Law at the DePaul College of Law, DePaul University Philippe Kirsch is a former Judge and first President of the International Criminal Court Pierre Klein is a Professor of international law, Centre of International Law, Université libre de Bruxelles Tommy Koh is Ambassador-At-Large at the Ministry of Foreign Affairs, Singapore and Professor of Law at the National University of Singapore Edward Kwakwa is Senior Director, Department for Traditional Knowledge and Global Challenges at the World Intellectual Property Organization David M. Malone is Rector of the United Nations University and UN Under-Secretary-General Tanja Masson-Zwaan is Assistant Professor and Deputy Director of the International Institute of Air and Space Law at Leiden University Stephen Mathias is Assistant Secretary-General for Legal Affairs at the UN Office of Legal Affairs Makane Moïse Mbengue is Professor of International Law at the University of Geneva Law School Christel Mobech is a Human Rights Officer with the UN High Commissioner for Human Rights and a former Associate Legal Officer in the Treaty Section at the UN Office of Legal Affairs Corinne Montineri is a Legal Officer, International Trade Law Division at the UN Commission on International Trade Law A. Rohan Perera is the Permanent Representative of Sri Lanka to the United Nations George P. Politakis is the Legal Adviser of the International Labour Office Daniël Prins is Chief of the Conventional Arms Branch at the UN Office for Disarmament Affairs Bertrand G. Ramcharan is a Former Acting High Commissioner for Human Rights and Under-Secretary-General and Professor at The Graduate Institute, Geneva Alison See is a Justices’ Law Clerk at the Supreme Court of Singapore Shirley Scott is Professor and Head of the School of Humanities and Social Sciences at UNSW Canberra Tullio Scovazzi is Professor of International Law at the University of Milano-Bicocca Christian Tams is Professor of International Law, School of Law at the University of Glasgow Yoshifumi Tanaka is Professor of International Law, Faculty of Law at the University of Copenhagen Allyn Taylor is an Affiliate Professor of Law at the University of Washington Santiago Villalpando is Chief of the Treaty Section at the UN Office of Legal Affairs Philippa Webb is Reader (Associate Professor) in Public International Law, The Dickson Poon School of Law at King’s College London Michael Wood is a barrister and Member of the International Law Commission Jan Wouters is Professor of International Law and International Organizations and Director of the Leuven Centre for Global Governance Studies – Institute for International Law at the University of Leuven Lionel Yee is a Deputy Attorney-General of Singapore Salvatore Zappalà is Professor of International Law at the University of Catania