Basic Documents Supplement to International Law: Cases and Materials

by Damrosch, Lori; Henkin, Louis; Pugh, Richard Crawford; Schachter, Oscar; Smit, Hans

• ISBN13: 9780314237651
• ISBN10: 0314237658
• Edition: 4th
• Format: Paperback
• Copyright: 2002-08-01
• Publisher: West Group

Summary

Law school casebook supplement, that provides a collection of basic documents designed primarily for use in conjunction with Damrosch, Henkin, Pugh, Schachter & Smit's International Law: Cases and Materials, 4th casebook. Also provides a general reference for any one working in the field of international law.

Table of Contents

Preface	iii
Abbreviations	v
The Nature of International Law
Charter of the United Nations (1945)	1	(26)
Sources and Evidence of International Law
Statute of the International Court of Justice (1945)	27	(13)
The Relation of International Law to Municipal Law
Constitution of the United States of America	40	(4)
States
Convention on Rights and Duties of States (1933)	44	(2)
Convention on International Civil Aviation [See Document 13.1]	46	(1)
Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance With the Charter of the United Nations	46	(6)
Vienna Convention on Succession of States in Respect of Treaties [See Document 7.2]	52	(1)
Vienna Convention on Succession of States in Respect of State Property, Archives, and Debts	52	(8)
E.C. Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union	60	(2)
Organizations: International and Non-Governmental
Charter of the United Nations [See Document 1.1]	62	(1)
Charter of the Organization of American States	62	(20)
Charter of the Organization of African Unity	82	(4)
Consolidated Version of the Treaty on European Union	86	(15)
U.N. Economic and Social Council, Arrangements for Consultation with Non-Governmental Organizations	101	(10)
Individuals and Private Corporations
Nuremberg Charter (1945) [See Document 12.3]	111	(1)
I.L.C. Draft Code of Crimes Against the Peace and Security of Mankind (1996) [See Document 15.4]	111	(1)
Statute of the International Criminal Tribunal for the Former Yugoslavia (1993) [See Document 15.2]	111	(1)
Rome Statute for the International Criminal Court (1998) [See Document 15.51]	111	(1)
European Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality (1963)	111	(4)
Second Protocol Amending the Convention on the Reduction of Cases of Multiple Nationality and Military Obligation in Cases of Multiple Nationality (1993)	115	(2)
European Convention on Nationality (1997)	117	(9)
I.L.C. Draft Articles on Nationality of Natural Persons in Relation to the Succession of States (1999)	126	(8)
The Law of Treaties
Vienna Convention on the Law of Treaties (1969)	134	(18)
Vienna Convention on Succession of State: in Respect of Treaties	152	(13)
Human Rights
The International Bill of Rights	165	(1)
Universal Declaration of Human Rights	165	(3)
International Covenant on Economic, Social and Cultural Rights	168	(5)
International Covenant on Civil and Political Rights	173	(11)
Optional Protocol to the International Covenant on Civil and Political Rights	184	(2)
Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty	186	(1)
Other Human Rights Agreements	187	(1)
Convention on the Prevention and Punishment of the Crime of Genocide	187	(2)
International Convention on the Elimination of All Forms of Racial Discrimination	189	(6)
Convention on the Elimination of All Forms of Discrimination Against Women	195	(6)
Convention Against Torture and Other Cruel. Inhuman or Degrading Treatment or Punishment	201	(9)
Convention on the Rights of the Child	210	(12)
Refugees and Other Displaced Persons	222	(1)
Convention Relating to the Status of Refugees	222	(9)
Protocol Relating to the Status of Refugees	231	(2)
Regional Human Rights Instruments	233	(1)
European Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol 11	233	(13)
European Social Charter (revised)	246	(14)
Charter of Fundamental Rights of the European Union	260	(10)
Conference on Security and Co-Operation in Europe, Final Act (Helsinki Accords)	270	(5)
American Declaration of the Rights and Duties of Man	275	(3)
American Convention on Human Rights	278	(14)
African Charter on Human and Peoples' Rights (Banjul Charter)	292	(9)
International Remedies and Responsibility
I.L.C. Draft Articles on State Responsibility (1996)	301	(13)
State Responsibility for Injury to Aliens and Foreign Investors
General Assembly Resolution on Permanent Sovereignty over Natural Resources (1962)	314	(1)
General Assembly Resolution on Permanent Sovereignty over Natural Resources (1973)	315	(1)
Treaty on Friendship, Commerce and Navigation (U.S.-Pakistan)	316	(11)
Convention on the Settlement of Investment Disputes Between States and Nationals of Other States	327	(12)
Treaty Between the United States of America and the Argentine Republic Concerning the Reciprocal Encouragement and Protection of Investment	339	(8)
World Bank Guidelines on the Treatment of Foreign Direct Investment	347	(7)
Dispute Settlement
General Act on Pacific Settlement of International Disputes (1928)	354	(6)
Charter of the United Nations (1945) [See Document 1.1]	360	(1)
Statute of the International Court of Justice (1945) [See Document 2.1]	360	(1)
Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (1966) [See Document 10.4]	360	(1)
World Trade Organization Understanding on Rules and Procedures Governing the Settlement of Disputes (1994)	360	(20)
Statute of the International Tribunal for the Law of the Sea	380	(9)
New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards	389	(5)
The Use of Force
Pre-United Nations Regulation	394	(1)
The Covenant of the League of Nations	394	(9)
Treaty Providing for the Renunciation of War as an Instrument of National Policy	403	(1)
The Nuremberg Charter	404	(1)
Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis Powers and Charter of the International Military Tribunal	404	(1)
Affirmation of the Principles of International Law Recognized by the Charter of Nuremberg Tribunal	405	(1)
The United Nations	406	(1)
Charter of the United Nations [See Document 1.1]	406	(1)
The ``Uniting for Peace'' Resolution	406	(3)
``Definition of Aggression'' Resolution	409	(3)
Regional Security and Collective Self-Defense	412	(1)
Inter-American Treaty of Reciprocal Assistance (Rio Treaty)	412	(2)
Charter of the Organization of American States [See Document 5.2]	414	(1)
Charter of the Organization of African Unity [See Document 5.3]	414	(1)
North Atlantic Treaty [NATO Treaty]	414	(2)
United States Law	416	(1)
Constitution of the United States of America [See Document 3.1]	416	(1)
War Powers Resolution	416	(5)
The Laws of War	421	(1)
Convention (No. IV) Respecting the Laws and Customs of War on Land, With Annex of Regulations	421	(5)
Geneva Convention Relative to the Protection of Civilian Persons in Time of War	426	(8)
Geneva Convention Relative to the Treatment of Prisoners of War	434	(7)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I)	441	(14)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)	455	(7)
Arm's Control and Disarmament	462	(1)
Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (The Geneva Protocol) -	462	(1)
Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction	463	(2)
Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water	465	(1)
Treaty on the Non-Proliferation of Nuclear Weapons	466	(3)
Treaty on the Limitation of Anti-Ballistic Missile Systems (Treaty Between the United States and the Union of Soviet Socialist Republics)	469	(2)
Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction (Chemical Weapons Convention)	471	(20)
Comprehensive Nuclear-Test-Ban Treaty	491	(22)
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Land Mines Convention)	513	(10)
Jurisdiction
Convention on International Civil Aviation	523	(9)
Convention on Offences and Certain Other Acts Committed on Board Aircraft	532	(5)
Convention for the Suppression of Unlawful Seizure of Aircraft (Hijacking)	537	(3)
Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Sabotage)	540	(4)
International Convention Against the Taking of Hostages	544	(5)
Convention on the Safety of United Nations and Associated Personnel	549	(7)
International Convention for the Suppression of Terrorist Bombings	556	(8)
Extradition	564	(1)
U.S.-U.K. Treaty of Extradition	564	(5)
U.S.-U.K. Supplementary Treaty Concerning the Extradition Treaty	569	(2)
Genocide Convention Implementation Act, 18 U.S.C.A. §§ 1091-1093	571	(1)
Torture Convention Implementation Act, 18 U.S.C.A. §§ 2340B	572	(2)
Immunity from Jurisdiction
Vienna Convention on Diplomatic Relations (1961)	574	(9)
Vienna Convention on Consular Relations (1963)	583	(10)
Diplomatic Relations Act (U.S. 1978, as amended)	593	(3)
Foreign Sovereign Immunities Act of 1976	596	(9)
Convention on the Privileges and Immunities of the United Nations	605	(5)
Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations	610	(6)
International Organizations Immunities Act (U.S. 1945)	616	(3)
International Criminal Law
Nuremberg Charter (1945) [See Document 12.31]; and Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in the Judgment of the Tribunal	619	(1)
Statute of the International Criminal Tribunal for the Former Yugoslavia (as amended)	620	(9)
Statute of the International Criminal Tribunal for Rwanda	629	(2)
I.L.C. Draft Code Of Crimes Against the Peace and Security of Mankind	631	(6)
Rome Statute of the International Criminal Court	637	(36)
The Law of the Sea
United Nations Convention on the Law of the Sea (1982)	673	(103)
Statute of the International Tribunal for the Law of the Sea [See Document 11.6]	776	(1)
Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982	776	(17)
Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks	793	(22)
Protecting the Environment
Stockholm Declaration on the Human Environment	815	(5)
Rio Declaration on Environment and Development	820	(4)
Protection of the Atmosphere, Ozone Layer and Climate	824	(1)
Vienna Convention for the Protection of the Ozone Layer	824	(5)
Montreal Protocol on Substances that Deplete the Ozone Layer	829	(18)
U.N. Framework Convention on Climate Change	847	(14)
Kyoto Protocol to the U.N. Framework Convention on Climate Change	861	(19)
Convention on International Trade in Endangered Species of Wild Fauna and Flora	880	(9)
Convention on Biological Diversity	889	(17)
Cartagena Protocol on Biosafety to the Convention on Biological Diversity	906	(20)
Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal	926	(15)
Marine Pollution	941	(1)
International Convention for the Prevention of Pollution of the Sea by Oil	941	(6)
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties	947	(2)
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter	949	(3)
International Convention on Oil Pollution Preparedness, Response and Co-Operation	952	(10)
Marine Living Resources: Protection and Conservation	962	(1)
International Convention for the Regulation of Whaling	962	(3)
Geneva Convention on Fishing and Conservation of Living Resources of High Seas	965	(3)
International Waterways and Other Common Areas
Convention on the Law of the Non-Navigational Uses of International Watercourses	968	(13)
Outer Space and the Polar Regions
Outer Space	981	(1)
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies	981	(3)
Convention on International Liability for Damage Caused by Space Objects	984	(5)
Antarctica	989	(1)
The Antarctic Treaty	989	(3)
Protocol on Environmental Protection to the Antarctic Treaty	992	(11)
International Economic Law and Organizations
International Trade	1003	(1)
General Agreement on Tariffs and Trade (1947)	1003	(9)
General Agreement on Tariffs and Trade (1994)	1012	(2)
Agreement Establishing the World Trade Organization	1014	(11)
World Trade Organization Dispute Settlement Understanding [See Document 11.51]	1025	(1)
International Monetary Law	1025	(1)
Articles of Agreement of the International Monetary Fund	1025	(17)
International Investment	1042	(1)
Convention on the Settlement of Investment Disputes Between States and Nationals of Other States [See Document 10.4]	1042	(1)
Convention Establishing the Multilateral Investment Guarantee Agency	1042	(13)
Model OPIC Investment Incentive Agreement	1055	(3)
World Bank Guidelines on the Treatment of Foreign Direct Investment [See Document 10.6]	1058	(1)
OECD Guidelines for Multinational Enterprises	1058