Basic Documents Supplement to International Law: Cases and Materials

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

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ISBN: 9780314237651 | 0314237658
Cover: Paperback
Copyright: 8/1/2002

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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.

Preface

iii

Abbreviations

The Nature of International Law

Charter of the United Nations (1945)

(26)

Sources and Evidence of International Law

Statute of the International Court of Justice (1945)

(13)

The Relation of International Law to Municipal Law

Constitution of the United States of America

(4)

States

Convention on Rights and Duties of States (1933)

(2)

Convention on International Civil Aviation [See Document 13.1]

(1)

Declaration on Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance With the Charter of the United Nations

(6)

Vienna Convention on Succession of States in Respect of Treaties [See Document 7.2]

(1)

Vienna Convention on Succession of States in Respect of State Property, Archives, and Debts

(8)

E.C. Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union

(2)

Organizations: International and Non-Governmental

Charter of the United Nations [See Document 1.1]

(1)

Charter of the Organization of American States

(20)

Charter of the Organization of African Unity

(4)

Consolidated Version of the Treaty on European Union

(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

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Basic Documents Supplement to International Law: Cases and Materials

Summary

Table of Contents

Supplemental Materials