The Oxford Handbook of United Nations Treaties

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) or avoided (global war 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. The book 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, science), professionals with an established reputation in the field, and younger researchers and diplomats involved in the negotiation of multilateral treaties and scholars with a broader view on the issues involved. The volume 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 confronting this understudied aspect of international law and relations.

Author(s):  
Simon Chesterman ◽  
David M. Malone ◽  
Santiago Villalpando

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) or avoided (global war 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. The book 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, science), professionals with an established reputation in the field and younger researchers and diplomats involved in the negotiation of multilateral treaties, as well as scholars with a broader view on the issues involved. The volume 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 confronting this understudied aspect of international law and relations. This Introduction elaborates on some of these themes and provides a roadmap for the rest of the volume.


2003 ◽  
Vol 32 (3) ◽  
pp. 275-303
Author(s):  
Ruwantissa Abeyratne

Several air disasters involving loss of lives of passengers and others on the ground have illustrated the key role expected of airlines in ensuring the security of aircraft and the safety of those affected by the contract of carriage by air. The culmination of these expectations came immediately after 11 September 2001 when aircraft were used as weapons of mass destruction against passengers of the aircraft concerned and those on the ground. Sustained debate followed between the air transport industry and regulators as to whether airlines could justifiably be expected to bear full responsibility for the safety of those on board and on the ground who may be affected by an air disaster. The international community now recognizes that the airlines have to bear some responsibility in the decision-making process regarding persons boarding their aircraft. Modern techniques for passenger screening include the use of machine readable travel documents (MRTDs) and advance passenger information (API). In addition, the practice of passenger profiling is not uncommon among some carriers who cooperate with customs and immigration authorities to identify possible offenders, with a view to preventing them from boarding their aircraft. The process of refusal to board, however, may entail legal consequences, particularly in the context of the contract which has already passed between the air carrier and passenger prior to boarding. Although usually a contract can be frustrated thus affecting the performance of that contract, the instance of a potential offender is unique in that refusal of carriage is based on conjecture rather than empirical evidence. This article examines this issue with a focus on developments in some European and United States jurisdictions.


Recent Literature on Sanctions - Iraq Under Siege: The Deadly Impact of Sanctions and War, Anthony Arnove, ed. (Cambridge, Mass.: South End Press, 2000), 216 pp., $40 cloth, $16 paper. - “The Effect of Iraqi Sanctions: Statistical Pitfalls and Responsibility,” Amatzia Baram, Middle East Journal 54 (Spring2000), pp. 194–223. - United Nations Sanctions Management: A Case Study of the Iraq Sanctions Committee, 1990–1994, Paul Conlon (Ardsley, N.Y.: Transnational Publishers, 2000), 350 pp., $115 cloth. - Iraq and the War of Sanctions: Conventional Threats and Weapons of Mass Destruction, Anthony H. Cordesman (Westport, Conn.: Praeger, 1999), 712 pp., $75 cloth. - The Sanctions Decade: Assessing UN Strategies in the 1990s, David Cortright and George A. Lopez, eds. (Boulder, Colo.: Lynne Rienner Publishers, 2000), 274 pp., $17.95 paper. - The Sanctions Paradox: Economic Statecraft and International Relations, Daniel W. Drezner (New York: Cambridge University Press, 1999), 362 pp., $59.95 cloth, $24.95 paper. - Sanctioning Saddam: The Politics of Intervention in Iraq, Sarah Graham-Brown (London: I. B. Tauris, 1999), 400 pp., $35 cloth. - Economic Sanctions and American Diplomacy, Richard N. Haass, ed. (New York: Council on Foreign Relations Books, 1998), 220 pp., $17.95 paper. - Honey and Vinegar: Incentives, Sanctions, and Foreign Policy, Richard N. Haass and Meghan L. O'Sullivan, eds. (Washington, D.C.: Brookings Institution Press, 2000), 168 pp., $39.95 cloth, $16.95 paper.

2001 ◽  
Vol 15 (1) ◽  
pp. 187-192

2019 ◽  
Vol 26 ◽  
pp. 109-141
Author(s):  
Włodzimierz Wątor

The article outlines reasons for the significant increase of the hazard posed by weapons of mass destruction in the current decade. Despite the international community’s efforts made throughout the years, it has not been possible to eliminate them, significantly lower their arsenal or prevent their building or transfer. What has increased is the importance of weapons of mass destruction, especially nuclear ones, as a force factor in international relations. This tendency will probably continue in the foreseeable future. Therefore, the article focuses on explaining the mechanisms of this process and its connections with numerous events and facts influencing international security. Special significance is ascribed to a precise estimation of the risk posed by weapons of mass destruction and determination of its hierarchy. Moreover, the article presents the forms and methods of the activities undertaken by countries and international organisations regarding the prevention of proliferation (via disarmament treaties and informal forums) and assesses their effectiveness.


Book Reviews: Political Ideas, Hobbes's Science of Politics, Adam Ferguson: The History of Civil Society, The Works of Joseph De Maistre, Rosa Luxemburg, Marxism in Modern France, Marxist Ideology in the Contemporary World, The Moral Challenge of Communism, The Principles of Politics, Pacifism: An Historical and Sociological Study, The Pacifist Conscience, Pacifisme Et Internationalisms, Non-Violent Action: Theory and Practice, The Mafia and Politics, The Honoured Society, The Foundations of Freedom, The Real World of Democracy, The Left in Europe since 1789, Conflict in Society, The Study of Society, Communication and Political Power, Greater London: The Politics of Metropolitan Reform, Guide to Decision: The Royal Commission, Tizard, A Peril and a Hope, The Scientific Estate, Cases and Materials on Constitutional and Administrative Law, Occasional Papers on Social Administration: No, Land Values, Pensions and Public Servants, Public Sector Pensions, The Responsible Society: The Ideas of Guild Socialism, The Growth of the British Party System, The Government of Northern Ireland: Public Finance and Public Services 1921–1964, An Atlas of European Affairs, Nordic Cooperation: Conference Organised by The Nordic Council at Hasselby, 2–4 June 1965, L'Union Economique Belgo—Luxembourgeoise: Experiences Et Perspectives D'Avenir, Western European Integration, Walter Hallstein: Bibliographie Seiner Veroffent-Lichungen, Europäische Gegenwart: Schriften Zur Europapo-Litik, Columbia Essays in International Affairs, European Challenge. Tuairim Pamphlet No. 11, The Uneasy Entente, The European Idea, Atomic Energy Policy in France under the Fourth Republic, Private Interest and Public Policy, Verbände Und Gesetzgebung, Wohin Treibt Die Bundesrepublik?, The Germans and their Modern History, Wirtschaft Und Politik in Deutschland, Demogratic Parties in the Low Countries and Germany, The Political Vocation, Private Power and American Democracy, The National Guard in Politics, Envoy Extraordinary, Nehru: A Contemporary's Estimate, The Philosophy of Mr. Nehru, Nehru: The Years of Power, Apprentice to Power: India, 1904–1908, Dawn of Renascent India, The Congress Ideology and Programme, 1920–47, South Asian Affairs, Number Two: The Movement for National Freedom in India, The Political Philosophy of M. N. Roy, Sarojini Naidu: A Biography, The Collected Works of Mahatma Gandhi (1884–1911), Conquest of Violence: The Gandhian Philosophy of Conflict, Gandhi and the Nuclear Age, Research on the Bureaucracy of Pakistan, Political Development in Pakistan, Buddhism or Communism, Religion and Politics in Burma, Communism in Africa, African Powder Keg, The Political Awakening of Africa, Pan-Africanism and East African Integration, Britain and the Commonwealth, Governments of the Commonwealth, Commonwealth for a Colour-Blind World, Unscrambling an Empire, A Decade of the Commonwealth, 1955–1964, The Establishment of the Department of Trade: A Case-Study in Administrative Organization, Administrative Questions and Political Answers, Planning and Forecasting in New Zealand, Decisions: Case Studies in Australian Administration, Economic Development, Politics of the Developing Nations, The Rise and Fall of Western Colonialism, The Political Basis of Economic Development, Political Oppositions in Western Democracies, Mathematics and Politics, The New Utopians, Symbols of American Community 1735–1775, The Case of Richard Sorge, An Instance of Treason, The Roots of Appeasement, Silesia, Yesterday and Today, Teuton and Slav, The Transfer of the Sudeten Germans, The Reluctant Ally, Rumania: Russia's Dissident Ally, The New Eastern Europe, Problems of National Strategy, Decision-Making for Deffnce, International Political Communication, Propaganda and the Cold War, The Effect of Independence on Treaties, United Nations and Domestic Jurisdiction, Cambridge Essays in International Law, The Inductive Approach to International Law, Politics and Power, Eine Welt Oder Keine?, The Dynamics of International Organization: The Making of World Order, International Behaviour: A Social-Psychological Analysis, Diplomatic Investigations, Theory and the International System, Annihilation and Utopia, The State of War, Nationalism Old and New, Dimensions Du Nationalisme, Protest in Tokyo: The Security Treaty Crisis of 1960, Soviet Strategies in South-East Asia, Defeating Communist Insurgency, towards Peace in Indo-China, South Vietnam: Nation under Stress, Communism in North Vietnam, Vietnam: History, Documents and Opinions on a Major World Crisis, Vietnam and the United States, Thailand and the Struggle for South-East Asia, Thailand and the United States, South-East Asia's Second Front, South Asia, International Economic Integration, Communist Economic Challenge, The Third World, The Economics of Competitive Coexistence, U.S, The Western Hemisphere Idea: Its Rise and Decline, American Support of Free Elections Abroad, The United States and Latin American Wars 1932–1942, The Unwritten Alliance, The Pan-American Federation of Labor, A Latin American Common Market?, Proceedings of a Seminar on Commonwealth Responsibilities for Security in the Indo-Pacific Region. Australian Institute of International Affairs and the Australian National University Defence Studies Project, The Anzus Treaty Alliance, Australian Policies and Attitudes Towards China, World Politics in the General Assembly, The United Nations in the Balance, United Nations: Then and now, The Glasshouse: The United Nations in Action, The Trauma of Decolonization: The Dutch and West New Guinea, De L'Impérialisme À La Décolonisation, Self-Determination Revisited in the Era of Decolonisation, The Elephants and the Grass, Afro-Asia and Non-Alignment

1967 ◽  
Vol 15 (2) ◽  
pp. 217-289
Author(s):  
Michael Levin ◽  
J. W. N. Watkins ◽  
A. S. Skinner ◽  
Alan Ryan ◽  
John Plamenatz ◽  
...  

Author(s):  
Marina Mancini

This chapter explores how a state of war or armed conflict affects the relations between belligerents, between belligerents and third states, and the belligerents’ subjects. It begins by describing how a state of war arose between two states, along with its far-reaching consequences, in classical international law. The effects on diplomatic relations, trade relations, treaties, and contracts are highlighted. The chapter then considers the prohibition on the use or threat of armed force in international relations and its implications for the concept of a state of war as well as the consequences traditionally attached to it. It also looks at state practice regarding the creation of a state of war in the United Nations era and concludes by analysing the effects of an interstate armed conflict in contemporary international law.


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