Treaty-Based Regulation and Evidence-Extradition Agreements as Critical Tools in the Fight against International Criminal Wrongdoing

Draft Article 7 of the UN Draft Convention regarding Crimes Against Humanity provides the terra firma for States to establish and exercise a range of jurisdictional bases, including universal jurisdiction, to be reinforced by State-to-State agreements regarding evidence-extradition for the benefit of downstream truth and justice seeking projects. Legal analysis demonstrates there persists an insistence on treaty regulation and clearly particularised laws at local and international levels to successfully pursue international criminal accountability. Draft Article 7 will give credence to universal jurisdiction, complement the International Criminal Court’s workings and counter its temporal limitations, and negate politically-motivated invocation of the doctrine. A case study involving Australian extradition proceedings highlights how evidence can be obtained efficiently on the basis of a pre-existing bilateral agreement between culturally distinct States. Formal arrangements regarding evidence-exchange will espouse a greater willingness by States to cooperate across borders and will strengthen universality by taking some of the guess-work out of its exercise.

Part V Subject Matter, Ch.30 Freshwater Resources

This chapter traces the evolution of the legal regime for environmental protection of shared watercourses. Codification of international water law began only in 1970, when the International Law Commission (ILC) started to work on a draft convention on the law of the non-navigational uses of international watercourses. After close to a quarter of a century, five rapporteurs, and fifteen reports, the ILC completed its work and adopted the draft United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention). In parallel, the United Nations Economic Commission for Europe (UNECE) Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention) was adopted in 1992, and entered into force in 1996. The chapter then analyses and compares the environmental provisions of these two global Conventions. It also considers the influence of the two Conventions on the environmental provisions of subsequent regional and bilateral treaties.

‘With or Without You’: Why Italy Should Incorporate Crimes Against Humanity and Genocide Into Its National Legal System

By ratifying the Genocide Convention, Italy undertook an obligation to enact legislation ‘to provide effective penalties for persons guilty of genocide’. Accordingly, in 1967 the legislator incorporated the offences enumerated in the convention into the domestic legal system. As it was under no such obligation with regard to crimes against humanity, Italy has not criminalized them. Two major legal issues arise from this decision. First, Italy may be unable to execute cooperation requests submitted by the International Criminal Court, and thus breach an international obligation. Furthermore, domestic authorities can only charge suspects with ‘corresponding’ ordinary offences, which are subject to statutes of limitations. Both issues are addressed in the Draft Convention on Crimes Against Humanity adopted by the International Law Commission, whose provisions require States Parties to enact legislation to ensure that under domestic criminal law such crimes constitute offences and are not subject to a statute of limitations.

The Draft Convention Ecocide and the Role for Corporate Remediation. Some Insights from the International Monsanto Tribunal and a Recent Research Proposal

The debate on introducing the international crime of ecocide and corporate liability at the international level has been intense during the last fifty years. A recent research project elaborated two draft conventions on the supranational crime of ecocide and transnational crimes (eco-crimes), both acknowledging corporate liability. Also in recent years, the International Monsanto Tribunal – an opinion tribunal – found the Monsanto multinational enterprise responsible for ecocide: although not binding, its advisory opinion tackles most of the critical issues arising from corporate environmental crime. After a review of the case, the article analyses the Draft Convention Ecocide, focusing on the main features of this crime and the corporate liability system provided. Albeit some aspects could be subject to critics, the project has several strengths, particularly for its pragmatic approach to corporate remediation, and also aimed at fostering the dialogue between the national States through the approval of a specific convention.

Third United Nations Conference on the Law of the Sea and the Ronald Reagan Administration in the United States

The USA, as well as the USSR, initiated the convocation of the III UN Conference on the Law of the Sea (1973—1982). However, after the Ronald Reagan administration came to the White House, American diplomacy significantly changed its policy toward the Conference, which eventually resulted in US refusal to support the draft Convention on the Law of the Sea, which was worked out during the Conference. This behavior was in line with policy course of the Reagan administration — more aggressive than that of their predecessors. The article considers the American policy regarding Law of the Sea negotiations in the first months of Reagan's presidency, during the Tenth Session of the III UNCLOS.

Private military and security companies in international law

INTRODUCTION. The article analyses the sources of international law, national legislation of the Russian Federation, as well as that of certain foreign States regulating the operation of private military and security companies (PMSCs) in armed conflict. The article highlights the out-comes of the work of the UN Special Rapporteurs and Working Groups to study the activity of PMSCs and the impact it had on the observance of human rights. The authors further analyze the status of PMSC personnel under international humanitarian law. The article also looks at the positions expressed by the delegations of Member States during the discussion of the 2010 Draft Convention on Private Military and Security Companies (PMSCs) and provides recommendations for developing an appropriate international regulatory framework. The authors also examined State practice of the implementation of the The Montreux Document on Pertinent International Legal Obligations and Good Practices for Statesт Related to Operations of Private Military and Security Companies During Armed Conflict related to the operation of private military and security companies during armed conflict.MATERIALS AND METHODS. The article contains an analysis of the main sources of international law, the documents drafted by the United Nations International Law Commission, special rapporteurs and working groups on the matter, and State practice. It also addresses Russian and foreign legal scholarship. From a methodological perspective, this study relied on the general scientific (analysis, synthesis, systemic approach) and private legal methods of knowledge (formal-legal, comparative legal studies).RESEARCH RESULTS. Based on the study, it is argued that an international treaty should be adopted to regulate the activities of PMSCs, which would establish mechanisms to monitor and hold PMSCs and their employees legally accountable.