Full Description
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, for example) or avoided (global war, say, 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. This handbook 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, and science); professionals with an established reputation in the field; younger researchers and diplomats involved in the negotiation of multilateral treaties; and scholars with a broader view on the issues involved. The volume thus 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 of this understudied aspect of international law and relations.
Contents
List of Contributors
Simon Chesterman, David M. Malone, and Santiago Villalpando: Introduction to the Oxford Handbook of United Nations Treaties
PART I EVOLUTION-UN TREATY-MAKING IN PRACTICE AND IN THEORY
1: Ian Johnstone: The UN Charter and Its Evolution
2: Shirley V. Scott: Treaty-Making in International Organizations: International Relations Theory
3: Stephen Mathias: Treaty-Making at the United Nations: The View from the Secretariat
4: Christian J. Tams: The Role of Treaties in Pursuing the Objectives of the UN Charter
5: Giorgio Gaja: The Place of Treaties in the Codification and Progressive Development of International Law
6: Alan Boyle: The Choice of a Treaty: Hard Law versus Soft Law
PART II PRACTICE-SCHOLARLY AND PRACTITIONER ACCOUNTS OF
UN TREATY-MAKING
A: International Peace and Security
7A: Barry Kellman: United Nations Weapons Control Treaties
7B: Daniël Prins: Creating from Chaos: Practitioner Reflections on Multilateral Treaty-Making
8A: Pierre Klein: Terrorism
8B: A. Rohan Perera: Terrorism: Practitioner Reflection
9: Tanja Masson-Zwaan and Roberto Cassar: The Peaceful Uses of Outer Space
B: Economic and Social Development
10: Marie-Claire Cordonier Segger and Alexandra Harrington: Environment and Sustainable Development
11: George P. Politakis: The ILO's Standard-Setting: The First One Hundred Years
12: Hilary Charlesworth: Women
13: Drugs and Crime
David Bewley-Taylor and Martin Jelsma:
14: Makane Moïse Mbengue: Trade and Development
15: Tullio Scovazzi: Culture
16: Sam Johnston: The Practice of UN Treaty-Making Concerning Science
17A: Allyn L. Taylor: Health
17B: Gian Luca Burci: Health: Practitioner Comment
18: Edward Kwakwa: Intellectual Property
C: Human Rights
19: Jane Connors: The Human Rights Treaty Body System
20: Bertrand G. Ramcharan: The Covenants
21: Helen Keller and Corina Heri: The Committees on Human Rights and Economic, Social and Cultural Rights
22: Guy S. Goodwin-Gill: United Nations Treaty-Making: Refugees and Stateless Persons
23A: Salvatore Zappalà: International Criminal Law and UN Treaties
23B: Hirad Abtahi and Philippe Kirsch: International Criminal Law: Practitioner Reflection
D: International Law
24A: Malgosia Fitzmaurice: Law of Treaties
24B: Lionel Yee: Law of Treaties: Practitioner Reflection
25A: Yoshifumi Tanaka: Law of the Sea
25B: Tommy Koh: Negotiating the UN Convention on the Law of the Sea: A Practitioner's Reflection
26: Davinia Aziz and Alison See: Privileges and Immunities of the United Nations and Specialized Agencies
27: Sanderijn Duquet and Jan Wouters: Diplomatic and Consular Relations
28: Corinne Montineri: International Commercial Arbitration
29: Pierre Bodeau-Livinec: Responsibility of States and International Organizations
PART III TECHNIQUE-INNOVATION IN TREATY-MAKING AT THE UNITED NATIONS
30: Michael Wood: The Negotiation of Multilateral Treaties at the United Nations: A Negotiator's View
31: Philippa Webb: The Participation of Nonstate Actors in the Multilateral Treaty Process
32: Jan Klabbers: Participation of International Organizations in UN Treaties
33: Jonathan Agar and Christel Mobech: The Role of the United Nations in Promoting Transparency in the International Treaty Framework: A view through the registration and publication of treaties under article of the charter of the united nations
34: Arancha Hinojal-Oyarbide: The Role of the Secretary-General of the United Nations as Depositary of Multilateral Treaties
