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MAIN LEGAL TEXTS FOR THE STUDY OF PUBLIC INTERNATIONAL LAW

COMITÉ CIENTÍFICO DE LA EDITORIAL TIRANT LO BLANCH María José Añón Roig

Catedrática de Filosofía del Derecho de la Universidad de Valencia

Ana Cañizares Laso

Catedrática de Derecho Civil de la Universidad de Málaga

Jorge A. Cerdio Herrán

Catedrático de Teoría y Filosofía de Derecho. Instituto Tecnológico Autónomo de México

José Ramón Cossío Díaz

Ministro en retiro de la Suprema Corte de Justicia de la Nación y miembro de El Colegio Nacional

Javier de Lucas Martín

Catedrático de Filosofía del Derecho y Filosofía Política de la Universidad de Valencia

Víctor Moreno Catena

Catedrático de Derecho Procesal de la Universidad Carlos III de Madrid

Francisco Muñoz Conde

Catedrático de Derecho Penal de la Universidad Pablo de Olavide de Sevilla

Angelika Nussberger

Jueza del Tribunal Europeo de Derechos Humanos. Catedrática de Derecho Internacional de la Universidad de Colonia (Alemania)

Eduardo Ferrer Mac-Gregor Poisot

Héctor Olasolo Alonso

Owen Fiss

Luciano Parejo Alfonso

Presidente de la Corte Interamericana de Derechos Humanos. Investigador del Instituto de Investigaciones Jurídicas de la UNAM Catedrático emérito de Teoría del Derecho de la Universidad de Yale (EEUU)

José Antonio García-Cruces González

Catedrático de Derecho Mercantil de la UNED

Luis López Guerra

Catedrático de Derecho Constitucional de la Universidad Carlos III de Madrid

Ángel M. López y López

Catedrático de Derecho Civil de la Universidad de Sevilla

Marta Lorente Sariñena

Catedrática de Historia del Derecho de la Universidad Autónoma de Madrid

Catedrático de Derecho Internacional de la Universidad del Rosario (Colombia) y Presidente del Instituto Ibero-Americano de La Haya (Holanda) Catedrático de Derecho Administrativo de la Universidad Carlos III de Madrid

Tomás Sala Franco

Catedrático de Derecho del Trabajo y de la Seguridad Social de la Universidad de Valencia

Ignacio Sancho Gargallo

Magistrado de la Sala Primera (Civil) del Tribunal Supremo de España

Tomás S. Vives Antón

Catedrático de Derecho Penal de la Universidad de Valencia

Ruth Zimmerling

Catedrática de Ciencia Política de la Universidad de Mainz (Alemania)

Procedimiento de selección de originales, ver página web: www.tirant.net/index.php/editorial/procedimiento-de-seleccion-de-originales

MAIN LEGAL TEXTS FOR THE STUDY OF PUBLIC INTERNATIONAL LAW

Gabriela A. Oanta Associate professor of public international law Jean Monnet Chair “European Union law of the sea” University of A Coruña

tirant lo blanch Valencia, 2022

Copyright ® 2022 Todos los derechos reservados. Ni la totalidad ni parte de este libro puede reproducirse o transmitirse por ningún procedimiento electrónico o mecánico, incluyendo fotocopia, grabación magnética, o cualquier almacenamiento de información y sistema de recuperación sin permiso escrito de los autores y del editor. En caso de erratas y actualizaciones, la Editorial Tirant lo Blanch publicará la pertinente corrección en la página web www.tirant.com.

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Summary

PREFACE...........................................................................................

PART I. THE INTERNATIONAL LEGAL ORDER

Covenant of the League of Nations (28 June 1919)............................

Charter of the United Nations (San Francisco, 26 June 1945)............................................................

Statute of the International Court of Justice (San Francisco, 26 June 1945).................................................................................................

Vienna Convention on the Law of Treaties (Vienna, 23 May 1969)....

Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations (New York, 24 October 1970)......................... 109

PART II. THE SUBJECTS OF PUBLIC INTERNATIONAL LAW A. THE STATE

Convention relating to the Status of Refugees (Geneva, 28 July 1951) 121 Protocol relating to the Status of Refugees (New York, 31 January 1967)................................................................................................. 139 The Antarctic Treaty (Washington D.C., 1 December 1959).............. 143 Vienna Convention on Diplomatic Relations (Vienna, 18 April 1961) 151 Vienna Convention on Consular Relations (Vienna, 24 April 1963)... 169 Vienna Convention on Succession of States in Respect of Treaties (Vienna, 23 August 1978)................................................................................. 199

Summary

United Nations Convention on the Law of the Sea (Montego Bay, 10 December 1982)................................................................................. 225 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (Rome, 10 March 1988)................................... 431 Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (London, 14 October 2005)............................................................................................. 443 Convention on Biological Diversity (Rio de Janeiro, 5 June 1992)...... 465 Rio Declaration on Environment and Development(Rio de Janeiro, 3-14 June 1992)......................................................................................... 495 Convention on the Law of the Non-Navigational Uses of International Watercourses (New York, 21 May 1997)............................................ 501 United Nations Convention on Jurisdictional Immunities of States and Their Property (New York, 2 December 2004) .................................. 519 International Law Commission Articles on Diplomatic Protection (19 May 2006)......................................................................................... 535 International Law Commission Articles on the Expulsion of Aliens (6 June 2014)......................................................................................... 541 Resolution “Transforming our world: the 2030 Agenda for Sustainable Development” (New York, 25 September 2015) ................................ 549 Paris Agreement (Paris, 12 December 2015)....................................... 593 International Law Commission Articles on the Protection of Persons in the Event of Disasters (3 June 2016)................................................... 615 B. THE INTERNATIONAL ORGANIZATIONS

Convention on the Privileges and Immunities of the United Nations (New York, 13 February 1946).................................................................... 623 Convention on Special Missions (New York, 8 December 1969)........ 631 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (Vienna, 21 March 1986)................................................................... 651

Summary

International Law Commission Articles on the Responsibility of International Organizations (3 June 2011)......................................... 693 C. THE INDIVIDUALS

Convention on the Prevention and Punishment of the Crime of Genocide (Paris, 9 December 1948)................................................................... 717 Universal Declaration of Human Rights (Paris, 10 December 1948).. 723 Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950)................................................. 731 International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966).................................................................. 749 International Covenant on Civil and Political Rights (New York, 16 December 1966)................................................................................. 761 Convention on the Elimination of All Forms of Discrimination against Women (New York, 18 December 1979)............................................ 783 Convention on the Rights of the Child (New York, 20 November 1989)........................................................................................... 797 Rome Statute of the International Criminal Court (Rome, 17 July 1998)................................................................................................. 821 United Nations Convention against Transnational Organized Crime (New York, 15 November 2000).................................................................. 907 International Convention for the Protection of All Persons from Enforced Disappearance (New York, 20 December 2006)................................. 941

PART III. THE APPLICATION OF PUBLIC INTERNATIONAL LAW

International Convention Against the Taking of Hostages (New York, 17 December 1979)................................................................................. 965

Summary

International Convention Against the Recruitment, Use, Financing and Training of Mercenaries (New York, 4 December 1989)..................... 973 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, Finland, 25 February 1991)...................................... 981 International Convention for the Suppression of the Financing of Terrorism (New York, 9 December 1999).......................................... 1003 International Law Commission Articles on Responsibility of States for International Wrongful Acts (31 May 2001)...................................... 1019 International Law Commission Draft Articles on Prevention of Transboundary Harm from Hazardous Activities (10 August 2001)... 1035 International Convention for the Suppression of Acts of Nuclear Terrorism (New York, 13 April 2005)................................................ 1043 Arms Trade Treaty (New York, 2 April 2013).................................... 1059 Treaty on the Prohibition of Nuclear Weapons (New York, 7 July 2017)........................................................................................... 1073 United Nations Convention on International Settlement Agreements Resulting from Mediation (New York, 20 December 2018)............... 1085 International Law Commission Draft Articles on Prevention and Punishment of Crimes Against Humanity (2019)............................... 1095

PREFACE The book Main Legal Texts for the Study of Public International Law brings together the legal texts that I consider most important for the study of the subject ‘Public International Law’, taught as part of the Degree in Law with an Englishlanguage track offered at the non-English-speaking University of A Coruña. The texts were selected from an eminently educational perspective. This compilation and systemisation of public international law texts is the result of my experience teaching in English at the University of A Coruña Faculty of Law since the 2016/2017 academic year. Since the 2019/2020 academic year, I have also taught the subject ‘European Union Law’ in English there. This teaching experience reflects a reality that has existed at Spanish universities for several years, namely, the option of an English-language track for law degree courses, of which the subject ‘Public International Law’ is an integral part. However, this teaching experience has also been greatly conditioned by the applicable time frame: at the A Coruña Faculty of Law, students must be taught the entire syllabus of this 6-ECTS-credit subject and evaluated in accordance with the continuous assessment method adopted by the Spanish university system following the creation of the European Higher Education Area in just 15 weeks. Main Legal Texts for the Study of Public International Law grew out of a broader desire to assemble a collection of what, in my view, are the texts most widely used to convey to students basic legal concepts and fundamental categories of public international law as the legal system governing international society at any given time. Although the book contains relatively few texts (48), they are the ones I have turned to most often over the years to explain both normative developments in the international legal system and the transformations that have taken place in international society, as well as to reflect the most recent debates in various international fora. In selecting and compiling these legal texts, which are of diverse legal natures – general and particular rules, peremptory and dispositive rules, hard law and soft law instruments – I have sought to provide students with a useful tool for acquiring an overview of the discipline that at the same time encompasses possible future regulatory developments that I believe should also be the subject of analysis. To this end, I have borne in mind that students’ work dynamics have changed considerably in recent years as a direct consequence of the Internet. Today’s students can do research to write papers, follow practical classes, participate in conferences and seminars, etc., using the information available online. This collection takes this reality into account; in preparing it, I was motivated by the conviction that it can be a useful tool not only for acquiring specific theoretical knowledge of public international law, but also for creating interactive teaching activities for the subject’s practical classes. As a result, I believe it would be a suitable

Gabriela A. Oanta

tool for use in flipped classrooms (a methodology for making classes more interactive), as well as with various e-tools for delivering instruction on the content of the aforementioned topics and carrying out many of the planned practical activities. In this way, it aims to encourage students to play a greater role by adopting an active attitude in class that goes beyond being mere recipients of information provided by the teacher. Thus, Main Legal Texts for the Study of Public International Law is intended as an aid for preparing for the case studies selected by the teacher, in order to enable students to solve the proposed legal problems. It is further intended as a guide to promote dialogue during class discussions about the issues raised by these cases and, also, as material for study and analysis to supplement the teacher’s theoretical explanations, thereby enriching the study of the subject. These purposes guide the system followed in this compilation of legal texts. Many are treaties and resolutions, adopted especially by the United Nations, and, to a lesser extent, documents from the International Law Commission. The system used reflects the structure of the syllabus for the subject ‘Public International Law’ taught at the A Coruña Faculty of Law, which has three main parts, devoted to the creation of public international law, the subjects of public international law, and the application of this legal system. Hence, this publication is also divided into three main thematic blocks, namely: (I) the international legal system; (II) the subjects of public international law; and (III) the application of public international law. With regard to the second part, the legal texts have been further grouped based on whether they refer to states as the primary subject of public international law (A), international organisations as a secondary subject of international law (B), or individuals, who, under current public international law, have limited international subjectivity, restricted to only those treaties that recognise rights and obligations for them at the international level (C). The work of selecting and compiling these texts was carried out within the framework of the activities of the ‘Salvador de Madariaga’ University Institute of European Studies (IUEE) at the University of A Coruña, where I am currently director, the Jean Monnet ‘European Union Law of the Sea’ Chair, co-funded by the European Commission (101047678 — SEALAW), which I hold, and the project ‘Grupo con Potencial de Crecimiento’ [Group with Growth Potential] (ref. ED431B 2020/42), funded by the Galician government. Finally, a word of thanks for the students who, in recent years, have participated in the classes for the subjects ‘Public International Law’ and ‘European Union Law’ taught as part of the Degree in Law with an English-language track at the University of A Coruña. It is their considerations and ideas that prompted me to prepare this collection of texts. Gabriela A. Oanta

A Coruña, February 2022

PART I.

THE INTERNATIONAL LEGAL ORDER

Covenant of the League of Nations (28 June 1919) Entry into force: 1 October 1920 Text: Sociéte des Nations – Journal Officiel, p. 3, février 1920 Link: https://libraryresources.unog.ch/ld.php?content_id=32971179

The High Contracting Parties, In order to promote international co-operation and to achieve international peace and security by the acceptance of obligations not to resort to war, by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organised peoples with one another, Agree to this Covenant of the League of Nations.

Article 1 The original Members of the League of Nations shall be those of the Signatories which are named in the Annex to this Covenant and also such of those other States named in the Annex as shall accede without reservation to this Covenant. Such accession shall be effected by a Declaration deposited with the Secretariat within two months of the coming into force of the Covenant. Notice thereof shall be sent to all other Members of the League. Any fully self-governing State, Dominion or Colony not named in the Annex may become a Member of the League if its admission is agreed to by two-thirds of the Assembly, provided that it shall give effective guarantees of its sincere intention to observe its international obligations, and shall accept such regulations as may be prescribed by the League in regard to its military, naval and air forces and armaments. Any Member of the League may, after two years' notice of its intention so to do, withdraw from the League, provided that all its international obligations and all its obligations under this Covenant shall have been fulfilled at the time of its withdrawal.

Gabriela A. Oanta

Article 2 The action of the League under this Covenant shall be effected through the instrumentality of an Assembly and of a Council, with a permanent Secretariat.

Article 3 The Assembly shall consist of Representatives of the Members of the League. The Assembly shall meet at stated intervals and from time to time as occasion may require at the Seat of the League or at such other place as may be decided upon. The Assembly may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world. At meetings of the Assembly each Member of the League shall have one vote, and may have not more than three Representatives.

Article 4 The Council shall consist of Representatives of the Principal Allied and Associated Powers, together with Representatives of four other Members of the League. These four Members of the League shall be selected by the Assembly from time to time in its discretion. Until the appointment of the Representatives of the four Members of the League first selected by the Assembly, Representatives of Belgium, Brazil, Spain and Greece shall be members of the Council. With the approval of the majority of the Assembly, the Council may name additional Members of the League whose Representatives shall always be members of the Council; the Council, with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council. The Council shall meet from time to time as occasion may require, and at least once a year, at the Seat of the League, or at such other place as may be decided upon. The Council may deal at its meetings with any matter within the sphere of action of the League or affecting the peace of the world. Any Member of the League not represented on the Council shall be invited to send a Representative to sit as a member at any meeting of the Council during the consideration of matters specially affecting the interests of that Member of the League. At meetings of the Council, each Member of the League represented on the Council shall have one vote, and may have not more than one Representative.

The International Legal Order

Article 5 Except where otherwise expressly provided in this Covenant or by the terms of the present Treaty, decisions at any meeting of the Assembly or of the Council shall require the agreement of all the Members of the League represented at the meeting. All matters of procedure at meetings of the Assembly or of the Council, including the appointment of Committees to investigate particular matters, shall be regulated by the Assembly or by the Council and may be decided by a majority of the Members of the League represented at the meeting. The first meeting of the Assembly and the first meeting of the Council shall be summoned by the President of the United States of America.

Article 6 The permanent Secretariat shall be established at the Seat of the League. The Secretariat shall comprise a Secretary General and such secretaries and staff as may be required. The first Secretary General shall be the person named in the Annex; thereafter the Secretary General shall be appointed by the Council with the approval of the majority of the Assembly. The secretaries and staff of the Secretariat shall be appointed by the Secretary General with the approval of the Council. The Secretary General shall act in that capacity at all meetings of the Assembly and of the Council. The expenses of the League shall be borne by the Members of the League in the proportion decided by the Assembly.

Article 7 The Seat of the League is established at Geneva. The Council may at any time decide that the Seat of the League shall be established elsewhere. All positions under or in connection with the League, including the Secretariat, shall be open equally to men and women. Representatives of the Members of the League and officials of the League when engaged on the business of the League shall enjoy diplomatic privileges and immunities.

Gabriela A. Oanta

The buildings and other property occupied by the League or its officials or by Representatives attending its meetings shall be inviolable.

Article 8 The Members of the League recognise that the maintenance of peace requires the reduction of national armaments to the lowest point consistent with national safety and the enforcement by common action of international obligations. The Council, taking account of the geographical situation and circumstances of each State, shall formulate plans for such reduction for the consideration and action of the several Governments. Such plans shall be subject to reconsideration and revision at least every ten years. After these plans shall have been adopted by the several Governments, the limits of armaments therein fixed shall not be exceeded without the concurrence of the Council. The Members of the League agree that the manufacture by private enterprise of munitions and implements of war is open to grave objections. The Council shall advise how the evil effects attendant upon such manufacture can be prevented, due regard being had to the necessities of those Members of the League which are not able to manufacture the munitions and implements of war necessary for their safety. The Members of the League undertake to interchange full and frank information as to the scale of their armaments, their military, naval and air programmes and the condition of such of their industries as are adaptable to war-like purposes.

Article 9 A permanent Commission shall be constituted to advise the Council on the execution of the provisions of Articles 1 and 8 and on military, naval and air questions generally.

Article 10 The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.

The International Legal Order

Article 11 Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations. In case any such emergency should arise the Secretary General shall on the request of any Member of the League forthwith summon a meeting of the Council. It is also declared to be the friendly right of each Member of the League to bring to the attention of the Assembly or of the Council any circumstance whatever affecting international relations which threatens to disturb international peace or the good understanding between nations upon which peace depends.

Article 12 The Members of the League agree that, if there should arise between them any dispute likely to lead to a rupture they will submit the matter either to arbitration or judicial settlement or to enquiry by the Council, and they agree in no case to resort to war until three months after the award by the arbitrators or the judicial decision, or the report by the Council. In any case under this Article the award of the arbitrators or the judicial decision shall be made within a reasonable time, and the report of the Council shall be made within six months after the submission of the dispute.

Article 13 The Members of the League agree that whenever any dispute shall arise between them which they recognise to be suitable for submission to arbitration or judicial settlement and which cannot be satisfactorily settled by diplomacy, they will submit the whole subject-matter to arbitration or judicial settlement. Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement. For the consideration of any such dispute, the court to which the case is referred shall be the Permanent Court of International Justice, established in accordance with Article 14, or any tribunal agreed on by the parties to the dispute or stipulated in any convention existing between them.

Gabriela A. Oanta

The Members of the League agree that they will carry out in full good faith any award or decision that may be rendered, and that they will not resort to war against a Member of the League which complies therewith. In the event of any failure to carry out such an award or decision, the Council shall propose what steps should be taken to give effect thereto.

Article 14 The Council shall formulate and submit to the Members of the League for adoption plans for the establishment of a Permanent Court of International Justice. The Court shall be competent to hear and determine any dispute of an international character which the parties thereto submit to it. The Court may also give an advisory opinion upon any dispute or question referred to it by the Council or by the Assembly.

Article 15 If there should arise between Members of the League any dispute likely to lead to a rupture, which is not submitted to arbitration or judicial settlement in accordance with Article 13, the Members of the League agree that they will submit the matter to the Council. Any party to the dispute may effect such submission by giving notice of the existence of the dispute to the Secretary General, who will make all necessary arrangements for a full investigation and consideration thereof. For this purpose the parties to the dispute will communicate to the Secretary General, as promptly as possible, statements of their case with all the relevant facts and papers, and the Council may forthwith direct the publication thereof. The Council shall endeavour to effect a settlement of the dispute, and if such efforts are successful, a statement shall be made public giving such facts and explanations regarding the dispute and the terms of settlement thereof as the Council may deem appropriate. If the dispute is not thus settled, the Council either unanimously or by a majority vote shall make and publish a report containing a statement of the facts of the dispute and the recommendations which are deemed just and proper in regard thereto. Any Member of the League represented on the Council may make public a statement of the facts of the dispute and of its conclusions regarding the same. If a report by the Council is unanimously agreed to by the members thereof other than the Representatives of one or more of the parties to the dispute, the Members of the League agree that they will not go to war with any party to the dispute which complies with the recommendations of the report.