Recueil des cours, Collected Courses, Tome 395


The Identity and Continuity of Personal Status in Contemporary Private International Law, by Francesco Salerno, Professor at the University of Ferrara.
The course is concerned with the personal statuses of individuals and their regulation in cross-border situations. Human rights considerations, the substantive policies of States and the increasing weight accorded to self-determination are crucial to understanding the way in which contemporary private international law deals with matters related to status. The fundamental principles of the forum State, particularly those resulting from its Constitution and its international obligations, shape the approach of that State to personal statuses created abroad or in accordance with foreign rules. The purpose of those principles is two-fold. On the one hand, they set a minimum threshold for the acceptance of foreign personal statuses, and thus work as an obstacle to the recognition of statuses that fall short of meeting the relevant local standards. On the other hand, where recognition is a means of promoting the fundamental values of the forum State, the principles in question facilitate the recognition of foreign statuses, and may in fact ensure that a status can be relied upon in the forum in situations where the ordinary rules of private international law would provide otherwise.

United Nations Accountability for Violations of International Human Rights Law, by Christine M. Chinkin, Professor at the University of Michigan.
The course examines UN accountability for human rights violations, drawing on my experience as a member of the Human Rights Advisory Panel (HRAP) that advised UNMIK on its compliance with international human rights standards. It outlines the contexts in which alleged human rights violations attributable to the UN arise, with examples taken especially from the HRAP case law; the concepts of responsibility and accountability of international organisations; the obstacles facing an individual seeking redress against the UN in national courts; and mechanisms adopted by the UN for determining accountability, including the HRAP. UNMIK's failure to respond to the HRAP’s recommendations for redress leads to consideration of what a future UN accountability mechanism might look like. The central proposition is that when the UN exercises power and control over individuals, it should be subject to the same human rights constraints in the exercise of those powers as states and be held accountable when it falls short.

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Co-publication with: The Hague Academy of International Law.

Francesco Salerno, born in Taranto, Italy, on 25 March 1951, is an Italian national.
Degree in Law, University of Florence (1974), Researcher in Law, Universities of Rome and Florence (1975-1987). Associate Professor of International Law, University of Catanzaro (1987) and later Chair, University of Ferrara (1999). Teaching activities include courses of “International Law”, “International Human Rights”, “Private International Law”, “International Criminal Military Law”, “Human Rights and Humanitarian Law in the Armed Conflicts” at the Universities of Catanzaro, Florence and Ferrara.
Winner of numerous local and national public funds for research. Promoter of several conferences, such as : “The Role of the International Judge in the Evolution of International and European Law” (1993), “International Conventions and National Laws in the Italian Statute on Private International Law” (1996), “Human Rights, Extradition and Expulsion” (1999), “The New Procedure of the European Court of Human Rights after Protocol No. 14” (2005), “The Security Council’s ‘Targeted’ Sanctions against Individuals and Fundamental Procedural Guarantees” (2008), “Codification in the International and European Legal Orders” (2018).
Author of four books (including a handbook on Public International Law and of a text-book on the so-called Regulation Bruxelles I bis) and over 70 articles. Editor of six books.
Managing editor of the Rivista di diritto internazionale; peer-reviewer for other Italian scientific reviews.

Christine Mary Chinkin, born 1949 in Kent, United Kingdom.
Founding Director of the Centre for Women, Peace and Security at the London School of Economics and Political Science, a William W. Cook Global Law Professor at the University of Michigan (since 1999), and a member of the Bar of England and Wales and Matrix Chambers. Previous positions include Professor of International Law at the LSE ; Dean and Head of Department, Faculty of Law, University of Southampton ; Associate Professor, University of Sydney ; lecturer at the National University of Singapore, New York Law School, Queen Mary College, University of London and Lincoln College Oxford. Has LLB from Queen Mary College, University of London, LLM from Queen Mary College, University of London, and from Yale University and PhD from the University of Sydney.
Has been a visiting academic at the Beijing Foreign Studies University ; University of Georgia (Woodruffe Visiting Professor of International Law) ; the Baldy Center, State University of New York ; University of Helsinki, Summer School on International Law ; Institute of International Public Law and International Relations of Thessaloniki ; University of Hong Kong ; University of Melbourne ; Columbia University School of Law ; Australian National University ; University of Toronto ; Singapore Management University ; National University of Singapore ; European University Institute, Florence ; United Nations University, Tokyo ; Ciencia Politica y Derecho Constitucional, Madrid ; for many years taught on the joint George Washington University and Oxford University International Human Rights Law Programme. Has designed and delivered training seminars on human rights law, especially women’s human rights, for : Amnesty International ; the Asian Development Bank ; British Council ; Commonwealth Secretariat ; Defence Academy of the United Kingdom ; UK Foreign and Commonwealth Office ; General Staff of the Republic of Turkey ; International Bar Association’s Human Rights Institute, Law Society of England and Wales ; Metropolitan Police Service ; Raoul Wallenberg Institute ; United Nations Development Programme.
Director of Studies of the International Law Association (2004-2012). Has been a consultant to the UN Division for the Advancement of Women, the UN Office of the High Commissioner of Human Rights, the OSCE and the European Union on matters relating to women’s human rights. Was a scientific expert to the committee for the drafting of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention, 2011) ; advisor to a select committee of the House of Lords (UK) on sexual violence in armed conflict ; and advisor to the Council of Europe Gender Equality Commission on the drafting of a recommendation on combating sexism (2017-2018). Member of the Fact-Finding Mission to Beit Hanoun pursuant to United Nations Human Rights Council Resolution S 3/1 (May 2008), of the UN Fact-Finding Mission on the Gaza Conflict (2009) and member of the Human Rights Advisory Panel in Kosovo established by UNMIK (2010- 2016). Has appeared as counsel before the Inter-American Court of Human Rights, the International Court of Justice and is the author of amicus briefs to the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia and the Committee on the Elimination of All Forms of Discrimination against Women.
Member of the steering committee for the UK Government’s Prevention of Sexual Violence in Armed Conflict Initiative (since 2012). Her co-authored book with Professor Hilary Charlesworth, The Boundaries of International Law : A Feminist Analysis, was awarded the American Society of International Law Award for Outstanding Creative Scholarship in 2001 and in 2006 awarded with Hilary Charlesworth the American Society of International Law, Goler T. Butcher Medal “for outstanding contributions to the development or effective realization of international human rights law”. Fellow of the British Academy and in June 2017 was honoured as a Companion of the Order of St Michael and St. George in the Queen’s Birthday Honours List for “services to advancing women’s human rights worldwide”.
Excerpt from Table of Contents: Recueil Des Cours 395 (2018):
Collected Courses of The Hague Academy of International Law 2019, Tome 395 de la collection

The Identity and Continuity of Personal Status in Contemporary Private International Law by Francesco Salerno
Chapter I. The regulation of personal status in cross-border situations in the light of international and constitutional human rights standards
    Section I. Private international law in matters of status : sources and values

    Section II. The eclecticism of private international law methods

    Section III. The private international law position within a State legal order characterized both by its constitutional values and by its opening to foreign law

    Section IV. Personalism and territorialism in the private international law of status

Chapter II. The regulatory regime of status between objective justice, material considerations of the forum State and legal self-determination of the individual
    Section I. The equivalence and the identity of State legal orders

    Section II. The traditional bilateral approach

    Section III. Party autonomy

    Section IV. The compromise between traditional bilateral approach and forum State’s material considerations

    Section V. The impact of material justice concerns on the issues belonging to the general part of private international law in matters relating to status

Chapter III. Certainty of law and recognition of the status of individuals established abroad
    Section I. General introductory remarks

    Section II. The circulation of foreign public documents through conflict-of-law rules

    Section III. The continuity of status across borders through the substantive effects of the foreign public document in the legal order of the requested State

    Section IV. Towards the direct effect of foreign public instruments in matters relating to status

    Section V. The point of view of the requested State

Excerpt from Table of Contents United Nations Accountability for Violations of International Human Rights Law by Christine M. Chinkin

Chapter I. The United Nations and the commission of violations of human rights
    1. Introduction

    2. UN activities giving rise to claims of human rights violations

    3. Categories of human rights violations committed by the United Nations

    4. Claims of violations of economic and social rights

    5. Human rights and the imposition of sanctions

Chapter II. United Nations responsibility and accountability

    1. Introduction

    2. Responsibility and accountability

    3. Elements for responsibility of international organizations

    4. Acts attributable to the United Nations

Chapter III. Seeking accountability
    1. Introduction

    2. Justifications for seeking UN accountability for human rights violations

    3. Practical obstacles to securing accountability

    4. Seeking accountability in national courts

    5. Accountability for sexual exploitation and abuse

Chapter IV. Accountability mechanisms

    1. Introduction

    2. Alternative mechanisms for accountability

    3. Innovations

    4. The future

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