This contribution focusses on the meaning of the formula “conservation and sustainable use” as it appears in the debate about the conservation of marine biodiversity in areas beyond national jurisdiction (BBNJ). As the UN General Assembly has decided to start a negotiation process for the establishment of an implementing agreement to the UN Law of the Sea convention on marine biodiversity beyond national jurisdiction, clarity about the relationship between conservation and sustainable use is important.
The paper reflects on a discussion that has so far not taken place. What do these requirements entail? This reflection is necessary given the likelihood that “conservation and sustainable use” will be understood as part of the implementing agreement’s object and purpose (art. 31 VCLT).
In discussing gender issues frequent references are made to the Law of the Sea and more specifically to the UN Fish Stocks agreement (UNFSA). This instrument is somewhat of a metaphor in discussions about gender and international law, and therefore it is an appropriate starting point for a contribution on what the scope of feminist research in the Law of the Sea could be. On this basis, the chapter engages with some of the main contentions concerning the (non) gendered nature of the law of the sea, including its often-claimed technicality, its apparent objectivity and the influence that consideration of humans has had on the focus of law of the sea rules, including those relevant from a gender perspective. Drawing on her personal experience, the author identifies factors that hinder the participation of women on an equal footing in the framing of the current law of the sea and advances suggestions for future research in this area.
International custom remains one of the most important sources of international law despite the codification of the law and the numerous international agreements concluded between the different actors of the international community. However, uncertainties still remain in relation to several of its aspects, including its formation, evidence and the relationship between its two constituent elements, that is, State practice and opinio juris. This presents challenges to national and international judges when called upon to identify and apply the rules of customary international law. With a view to addressing these grey areas, the Council of Europe ad hoc Committee of Legal Advisers on Public International Law (CAHDI) in cooperation with the Ministry of Foreign Affairs of France organised a conference on “The Judge and International Custom” where important contributions were made by international and national judges clarifying some aspects of this topical issue. This volume contains these contributions, supplemented with articles commissioned by the CAHDI from some of the highest judges at international and national level. The collection highlights the valuable contribution made by the CAHDI to the development of public international law and in particular to the work of the International Law Commission and the Sixth Committee of the United Nations General Assembly by participating proactively in the legal debate to establish a well-defined international legal framework for this topical issue.
La coutume internationale demeure l’une des sources les plus importantes du droit international malgré la codification du droit et les nombreux accords internationaux conclus entre les différents acteurs de la communauté internationale. Néanmoins, des incertitudes subsistent sur plusieurs de ses aspects, notamment sa formation, son identification et les liens entre ses deux éléments constitutifs, à savoir la pratique des Etats et l’opinio juris. Ces incertitudes constituent un défi pour les juges nationaux et internationaux lorsqu’ils sont appelés à identifier et à appliquer les règles de droit international coutumier. En vue d’examiner ces zones d’ombre, le Comité ad hoc des Conseillers juridiques sur le droit international public (CAHDI) du Conseil de l’Europe a organisé une Conférence en coopération avec le ministère des Affaires étrangères de la France sur « Le juge et la coutume internationale » au cours de laquelle d’importantes contributions ont été faites par des juges nationaux et internationaux afin de clarifier certains aspects de cette question d’actualité. Ce volume contient ces contributions, ainsi que des articles supplémentaires sollicités par le CAHDI aux plus hauts juges aux niveaux international et national. Le recueil souligne la contribution précieuse apportée par le CAHDI au développement du droit international public et en particulier aux travaux de la Commission du droit international et de la Sixième Commission de l’Assemblée générale des Nations Unies en participant de façon proactive au débat juridique visant à établir un cadre juridique international bien défini sur ce sujet d’actualité.
In 2009 it was ten years since the adoption of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of an Armed Conflict. To celebrate this anniversary, a variety of contributions, focussing on the legal and cultural aspects of the Protocol are presented by Van Woudenberg and Lijnzaad. The innovative aspects of the Second Protocol such as enhanced protection, criminal responsibility and jurisdiction, and the protection of cultural property in armed conflicts not of an international character are addressed. Some country-specific studies are included. It is hoped that this publication will inspire States to accede to the Protocol and that it will serve as a source of inspiration to legal advisers, military personnel and cultural property experts.
HRH Princess Margriet of the Netherlands has made her mark in the annals of the International Red Cross and Red Crescent Movement.
In this anthology prominent members of the world community and global experts and practitioners come together to pay tribute to Princess Margriet for her decades of dedicated service to the Movement and the Netherlands Red Cross Society. This tribute takes place on the occasion of the end of her eight-year tenure as Chair of the Standing Commission of the Red Cross and Red Crescent. Under the Princess’s guidance, the Standing Commission has come to play a strong and unifying role in the Movement.
This unique collection of scholarly and inspirational essays offers a wealth of information on the constituent components and statutory bodies of the Movement and contemplates its mission to help victims and improve the lives of vulnerable people. It addresses the humanitarian concerns and challenges of our time. The anthology further provides a unique forum for the current debates on the application and development of international humanitarian law. It also discusses the Movement’s relations with governments and external partners and the contribution of volunteers. This is the first book to bring the relatively unknown Standing Commission of the Red Cross and Red Crescent and its work prominently to the fore. Making the Voice of Humanity Heard is essential and accessible reading for anyone interested in the daunting tasks and fundamental role of the International Red Cross and Red Crescent Movement as well as the contemporary threats and challenges to humanitarian assistance and international humanitarian law.
The work of legal practitioners in the field of international law, particularly when working in a ministry of foreign affairs, takes place at the crossroads of international relations and international law. The legal advisers of ministries of foreign affairs provide advice on the content of international law, and how it should be interpreted and applied in a particular situation.
Since Johan Lammers became Legal Adviser, the Netherlands – quite unexpectedly – was increasingly facing situations in which it would become involved in litigation concerning international law. The first essays in this collection deal with actual or potential interstate disputes involving the Netherlands before international courts and arbitral tribunals, followed by articles with respect to international courts and other international bodies before which individuals may appear as applicant or defendant. The final set of essays deal with the increasing number of cases in which international law is invoked in national court proceedings.
This work provides insight into the role of the international legal practitioners working for the government of the Netherlands and should be of particular interest to their colleagues in other foreign ministries and other lawyers interested in a reflection on the law in action.