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On 28 August 2023, Canada amended and substantially narrowed its unilateral declaration accepting the compulsory jurisdiction of the International Court of Justice (ICJ). The combined effects of its various reservations — notably, Canada’s new requirement that states must have provided at least six-month advance written notice before instituting ICJ proceedings against it, coupled with its ongoing rights to amend or terminate its declaration with immediate effect — have now rendered Canadian acceptance of Optional Clause jurisdiction compulsory in name only. Canada now appears to control whether any future ICJ cases can ever be brought against it in this way.
This article critically examines the International Court of Justice’s (ICJ) ruling on the preliminary objections in Sudan v. United Arab Emirates, focusing on the implications of the UAE’s reservation to Article IX of the Genocide Convention. It evaluates the Court’s interpretation of the scope and effect of such reservations, contrasting it with precedents set in Bosnia v. Serbia and The Gambia v. Myanmar. Drawing on the ICJ’s jurisprudence, principles of state responsibility, and international criminal law, the article highlights significant tensions and ambiguities in the Court’s approach to admissibility, complicity, and provisional measures. The study incorporates insights from the International Criminal Court and UN Human Rights Council resolutions to contextualise the legal and factual matrix. Ultimately, it argues for a more coherent doctrinal framework to address the impact of reservations on treaty obligations and jurisdictional competence in genocide-related disputes.
Chapter 3 examines the evolution of caste and democracy.In doing so, it focuses on three aspects – the relationship between caste and electoral politics, the trajectory of caste-based reservations (affirmative action), and the link between development indicators and caste in the contemporary period. Though caste mobilization has indeed pluralized representative politics in India, substantial economic and social gains by the lower castes have been limited.
The rapid development of international law post-World War II also coincided with greater reliance upon treaties as a source of international law. Treaties had always been recognised as a source of international law, and their status was confirmed in art 38 of the ICJ Statute. It was the development of the UN, with its emphasis upon international law and focus upon treaty-making as a means of not only peaceful resolution of disputes but also multilateral agreement between States on matters of common concern, that was the catalyst for a greater reliance upon treaties in the conduct of international relations. This chapter begins by examining the growth of treaty-making, before considering what a treaty is, including the nature of 'instruments of less than treaty status'. It then covers treaty negotiation, creation and entry into force; reservations, objections and declarations to treaties; and legal obligations arising once a treaty has entered into force. The chapter then turns to treaty interpretation, and then examines how treaties are voided or ended through invalidity, suspension or termination. The chapter concludes with a discussion of amendment and modification of treaties.
Several provisions of the Convention deal with technical matters under treaty law, including signature, ratification and accession to the Convention, entry into force, denunciation of the Convention, the role of the Secretary-General as depositary of the treaty, and revision of the treaty. There is no provision for reservations but they have been deemed to be acceptable to the extent that they are not contrary to the object and purpose of the Convention. The official languages of the Convention are Chinese, English, French, Russian and Spanish. The Chinese language version has been changed due to dissatisfaction to the original text, prompting protests from Lemkin and others. The status of the official Chinese text remains somewhat uncertain. The Convention also contains a ’colonial clause’, something that is today an anachronism but one that apparently permits States to avoid the application of the Convention in non-self-governing territories over which they exercise control.
As the Irish Free State came into being, Egypt too was declared independent. Whilst in Ireland, League membership was rapidly forthcoming, negotiations for Egypt’s accession were protracted, with Egypt acceding in 1937, the last member state to join the League. Chapter Five investigates why Egypt, which was never formally a colony of the British Empire and from 1922 deemed an independent state, was obstructed by Britain from joining the League for fifteen years. This chapter examines the contested relationship between the Egyptian nationalist Wafd party, that sought Egyptian independence, and Britain, that sought Egyptian acquiescence to a treaty of alliance. Egypt’s contested accession to the League reveals the risks that colonial membership to the League posed to British imperial policy, and how Britian could act as a gatekeeper for the accession of their colonies to the League. Finally, this chapter reveals how the actions of another imperial party, Italy, and its growing encroachment into North-East Africa would ultimately lead to a compromise that would see Egypt’s accession to the League.
Chapter 5 applies Welby’s Meaning Triad to analyze the definition of ‘child’ in international law, especially in the Convention on the Rights of the Child (CRC 1989) as concerns the girl child. It explores the sense of ‘silence’ in terms of gender neutrality and the absence of any reference to the girl child or violations specific to her. It studies the meaning-intention of the CRC drafters and thus the travaux préparatoires. Finally, it examines the significance of the wording of CRC provisions, and how it impacts the protection, implementation and monitoring of girl child rights. In this context, Chapter 5 discusses Peirce’s immediate, dynamical and final interpretants, and studies reservations to the CRC and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979). It employs semioethics to propose an amended definition that would undoubtedly include the girl child and thereby guarantee her visibility, both legally and symbolically.
Describes complexity of ranching for Tribal members on reservations, due to historical removal of Tribes, allotment of their lands, and resulting jurisdictional barriers.
This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of two experienced practitioners. It draws on the combined experience of Anthony Aust, the original author, and Jeremy Hill, until recently Legal Counsellor in the Foreign, Commonwealth and Development Office, London. The book provides a wealth of examples of the problems experienced with treaties on a daily basis. The authors explore numerous precedents from treaties and other related documents, such as non-legally binding instruments. Using clear and accessible language, the authors cover the full extent of treaty law, with both practitioners and students in mind. Modern Treaty Law and Practice is essential reading for officials in governments and international organisations, lawyers practising in international law, and teachers and students of law, political science, international relations and diplomacy who have an interest in treaties.
The discussion on Taiwan's status under the United Nations Convention on Contracts for the International Sale of Goods (CISG) has picked up steam. After providing some historical background, it is argued that neither doctrinal nor policy arguments can support the application of the Convention to Taiwanese parties. Drawing on case law in the context of other uniform law treaties, the article concludes that the approbation of the CISG by the People's Republic of China should not bind Taiwan and that, as a consequence, Taiwanese parties should be treated as parties from non-Contracting States.
This chapter provides an in-depth analysis of the role reciprocity plays in treaties. First looking at treaty law and how reciprocity functions in the rules on reservations to treaties, the chapter goes on to examine reciprocity’s role in bilateral treaties, drawing on the examples of air transport agreements and energy agreements in particular, before looking at reciprocity’s role in multilateral treaties of the bilateralizable, interdependent, and integral types. It then analyzes treaties creating international organizations, particularly the EU and ILO, and differentiated obligations in environmental and trade law, illustrating how reciprocity operates in these types of instrument. Finally, the chapter addresses "objective regimes" and the effects of treaties on third parties. While some limitations exist on reciprocity, these do not depend on the substance of obligations but rather on the legal equality of the subjects involved.
This unit expands material on leisure and routine activities by adding vocabulary associated with the months of the year, important dates in the Hispanic calendar, as well as the seasons of the year in relation to weather and celebrations. It also explores the differences between English and Spanish with regard to the comparison of adjectives. Students can thus use the relevant vocabulary to make reservations, to talk about the weather, and for holiday planning.
This unit expands material on leisure and routine activities by adding vocabulary associated with the months of the year, important dates in the Hispanic calendar, as well as the seasons of the year in relation to weather and celebrations. It also explores the differences between English and Spanish with regard to the comparison of adjectives. Students can thus use the relevant vocabulary to make reservations, to talk about the weather, and for holiday planning.
How do states create agreements with one another, and how do they ensure they are followed? The first half of this chapter details the process by which states make, maintain, and rescind treaties. We elaborate on the treaty process set forth in the Vienna Convention on the Law of Treaties, and explain different treaty types (e.g., bilateral vs. multilateral, self-executing vs. non-self-executing). Reservations—portions of a treaty a state does not wish to join—are also discussed, as well as their ramifications. The second half of the chapter establishes the centrality of diplomats to the creation and execution of much of international law, including treaties. We elaborate on diplomatic and consular functions as well as diplomatic immunity and asylum. Diplomats are noted as change agents in the international system, but the potential for abuse of that immunity is always present.
Native Americans have fought to protect their land and water resources from oil and gas extraction and from pipelines and fossil fuel export terminals that traverse their reservation lands, off-reservation lands and public lands to which they hold historical and cultural ties. The Trump administration reversed tribes’ hard-won successes and exacerbated centuries of prior injustices. Trump asserted disputed presidential powers to permit the construction of the Keystone XL pipeline, to shrink national monuments, including the Bears Ears National Monument, the first national monument proposed and co-managed by Native American tribes, and to open former monument lands to drilling. In their fight against these decisions, tribes advanced legal arguments based on federal laws, including environmental laws, and asserted their rights to reservation lands and their treaty hunting, fishing and gathering rights on off-reservation lands. Within reservations, tribes, like other Americans, are grappling with whether to rely on fossil fuels or to transition to renewable energy. The appointment of Representative Debra Haaland, who led Congress’s efforts to protect Native American lands and public lands, as the first Native American secretary of the Interior offers hope for a reset in US government relations with the first sovereign nations.
In the 1970s, Elinor Ostrom and her colleagues found that neighborhood policing works better than metropolitan policing. Though Ostrom articulated design principles for self-governance, the early studies of neighborhood policing did not. In this paper, we articulate the design principles for self-governing policing, which we term Ostrom-Compliant Policing. We then apply this framework to an understudied case: policing on American Indian reservations. Policing in Indian country generally falls into one of three categories – federal policing (by the Bureau of Indian Affairs and Federal Bureau of Investigation), state policing (by municipal and state police departments), and tribal policing (by tribal police departments) – that vary in the degree of centralization. Our main contribution is to show that tribal policing as it is practiced in the United States, which claims to be self-governing, is not Ostrom-Compliant. Thus, our approach offers insight into why high crime remains an ongoing challenge in much of Indian country even when tribes have primary control over policing outcomes. This does not mean centralization is better, or that self-governance of policing does not work. Rather, our research suggests that a greater tribal autonomy over-policing and meta-political changes to federal rules governing criminal jurisdictions is necessary to implement Ostromian policing.
Bilateral relations between states which are parties to a multilateral treaty may not be governed by that treaty. This may depend on an agreement between the two states concerned, which could subject their bilateral relations to a different regime that is considered to suit their specific needs better. The exclusion of bilateral relations under the multilateral treaty may also be the consequence of a unilateral expression of the will of one of these states, for instance in view of its non-recognition of the other state. The present article seeks to examine the conditions under which bilateral relations may be excluded on the basis of the unilateral determination of one of the states concerned.
Chapter 3 examines which states are parties to the 1980 Hague Abduction Convention and why most Muslim Family Law States are not. Second, we use the law and practice of Muslim Family Law States with regard to reservations under human rights treaties to illustrate the dilemmas and issues they are dealing with in this area of law, but we also seek to better understand the policy and approach of these States. We further examine how certain States that are party to the 1980 Hague Abduction Convention deal with children abducted to or from those Muslim Family Law States that are not party to the Convention. Ad hoc methods such as bilateral memoranda of understanding, for example, have been adopted vis-�is certain States in an attempt to replicate in practice the assumptions of the 1980 Hague Abduction Convention without the Convention’s requisite institutional machinery incumbent on its parties. Through this analysis of both the Hague Conference conventions and human rights treaties, the chapter illustrates how both European and Islamic exceptionalisms operate in International Law and animate the international debate on how best to redress parental child abduction cases.
Swaine examines the relationship between domestic constitutions and treaties. He notes that states frequently seek to interpose reservations, understanding, declarations or other “treaty conditions” that seek to change the international legal effect of a treaty for the state. The chapter considers three ways in which conditions based on constitutional claims can describe the relationship between the domestic and international domains: by establishing walls, windows or doors, paying particular attention to the “reservations dialogue” described by the International Law Commission in its Seventeenth Report on Reservation to Treaties. That dialogue reveals different dispositions toward such conditions, including as between the United States, which has employed them heavily, and European states, which have been the most innovative in assessing them. While that dialogue continues to evidence the walls, or barriers, that persist between constitutions and treaties, it remains possible to renovate.
The International Criminal Court is a distinct international organization headquartered in The Hague. It works in close cooperation with the United Nations but is independent of it. The Court is composed of four ‘organs’: the Presidency, the Chambers, the Office of the Prosecutor and the Registry. The Presidency consists of the President and the two Vice-Presidents, who are elected by the Plenary of judges. Judges are elected by the Assembly of States Parties to terms of nine years; they must be nationals of a State Party. The judges are constituted into Divisions, for Appeals, Trials and Pre-Trial proceedings. Within each division may be one or more Chambers. The Appeals Chamber is generally composed of five judges while the other Chambers are generally made up of three judges, although a Single Judge may issue rulings in some cases. The head of the Office of the Prosecutor is the Prosecutor, who is elected to a nine-year term by the Assembly of States Parties. The Registrar is nominated by the judges but elected by the Assembly of States Parties and serves a term of five years. The Registrar is the principal administrative officer. The Court’s annual budget is proposed by its organs but must be confirmed by the Assembly of States Parties.