Anthony Aust. Handbook of International Law
Подождите немного. Документ загружается.
Page 484
merging of the EC and the EU (but not Euratom) into one organisation, the Union, with only
one governing treaty, the Constitution, yet retaining special procedures for foreign policy,
security and defence;
conferring legal personality on the Union alone;
integrating the Charter of Fundamental Rights into the Constitution;
clarifying how the competences are distributed; the Union would have exclusive competence
for monetary policy for the euro member states, common commercial policy, the customs
union and the common fisheries policy; and the Union would share competence with member
states on, for example, the internal market, security and justice, agriculture, transport, energy,
social policy, the environment and public health;
simplifying the legal instruments and procedures available to the institutions;
clarifying the respective roles of the Council, the Parliament and the Commission;
extending the co-decision procedure so that some 95 per cent of Union legislation would be
adopted jointly by the Council and the Parliament;
creating a Union Minister of Foreign Affairs (although a Commissioner, he would operate
according to a mandate determined by the Council and would be able to conclude treaties
between the Union and third states);
distinguishing the European Council more clearly from the Council of Ministers, and
appointing a President of the European Council for a two-and-a-half-year term with limited
powers;
limiting the Parliament to a maximum of 750 seats, with a minimum of six, and a maximum of
ninety-nine, seats per member;
keeping one Commissioner per member state until 2014, after which the number would
correspond to two-thirds of the member states, the Commissioners being chosen according to a
system based on equal rotation among the member states;
changing the qualified majority. Adoption of a proposal would require the support of at least
55 per cent of the member states (fourteen out of twenty-five) representing at least 65 per cent
of the population of the Union. For a minority to prevent adoption of a decision, it would
therefore have to include at least four large member states, so making it that much more
difficult for such member states to block adoption. Also, Council members representing at least
three-quarters of a blocking minority, whether at the level of member states or population,
could require a vote to be postponed so that discussions can continue for a reasonable time in
an attempt to reach a broader basis for consensus.
Page 485
Documentation
Given the mass of documents, legal instruments and judgments, finding the one you want is not
always easy. Perhaps the first port of call should be the official website, www.europa.eu.int.
Regulations have the number first and then the year of publication (e.g. 423/2004, on recovery of
cod stocks). Directives have the year of publication first and then the number (e.g. 2003/48/EC, on
taxation of savings interest). Each case before the Court of Justice is given a number, preceded by C
and followed by the year (e.g. C30/77, R. v. Bouchereau). A CFI case number is preceded by T (e.g.
T264/97, D. v. Council). An appeal is marked with a P (e.g. C310/97P, Commission v. AssiDoman).
All judgments are published in the official European Court Reports (ECR). The Common Market
Law Reports (CMLR) publishes the most important judgments of the Court and judgments on EC
law by courts of member states.
Page 486
Index
abduction, jurisdiction and 49–50
accession to treaties 64
acquisition of territory 35–41
acquiescence, estoppel and recognition 38
cession 37–8
conquest and annexation 36–7
discovery 36
leases 39–41
occupation and prescription 38
treaties 39
act of state 161
adoption of treaties 60
Afghanistan 229
Taliban 296–7
African Charter on Human and Peoples’ Rights 238, 248
African Union 42
aggression 272
aircraft
civil and state aircraft 346
jurisdiction over 351–2
nationality 183, 348–9
overflying high seas 316
state immunity and 172
use of force against 352–3
see also civil aviation
airspace
international 347–8
jurisdiction in 44
national 346–7
aliens 184–7
property of 185–7
Al-Qaida terrorism 296–7
amendment of treaties 98–100
bilateral treaties 99
multilateral treaties 99–100
American Convention on Human Rights 238, 248
Andorra 31–2
annexation, acquisition of territory by 36–7
Antarctica 38, 329, 354–61
Antarctic Treaty System 355–61
Environmental Protocol 358–9
measures 356–7
Secretariat 359
sovereignty 356
fish stocks conservation 360–1
Arab Charter on Human Rights 238, 248
arbitration 442
commercial 389
mixed arbitral tribunals 445–8
Iran–US Claims Tribunal 30
UN Compensation Commission 446–8
Permanent Court of Arbitration 444
archipelagos 307–8
archives
diplomatic missions 130–1
succession of states and 401–3
Arctic region 361–2
Area (deep seabed) 311–12
Argentina, Falklands occupation (1982) 229, 348
armed conflict law (humanitarian law) 233, 251–2
civilians 259
enforcement 260–1
international and internal conflicts 254–5
International Committee of the Red Cross and 262
Page 487
mercenaries 258–9
occupied territory 259–60
prisoners of war 257–8
prohibited weaponry 255–7
conventional weapons 255–6
nuclear/chemical/biological weapons 256–7
reprisals 257
sources 252–3
terrorism and 291–2
treaties and armed conflict 105–6
UN forces 261–2
see also force, use of
armed forces, jurisdiction over visiting forces 175
civil claims 175–6
criminal jurisdiction 176
arrest, diplomatic immunity from 136
asylum 187–8, 189
in diplomatic missions 129, 187–8
Austria 106
aviation see civil aviation
Bangladesh 23
banking, diplomatic privileges and immunities for bank accounts 127
baselines 300–1
bays 301
Belarus, UN membership 18, 205
Bermuda 29
Bhutan 31
bilateral investment treaties 373–9
civil disturbance and 378
dispute settlement 378
duration 378
entities protected 375
expropriation and compensation 376–8
investments protected 375–6
treatment of investments 376
typical example 374–5
biological diversity conservation 337–8
biological weapons, limits on use of 256–7
blockade (interdiction) 225
Bosnia and Herzegovina 20, 215
boundaries 33, 34
delimitation and demarcation 34, 220, 309–11
exclusive economic zone (EEZ) 310–11
territorial sea 310
moving 393
rivers 40
treaties 39
breach of treaties 103–4
fundamental 104
material 103–4
broadcasting, unauthorised 313
cables, submarine 316
Calvo Clause 442
Canada
airspace and 348
boundary disputes 33
canals 362–4
Kiel Canal 364
Panama Canal 363
Suez Canal 363
capacity to make treaties 57–9
capital punishment 239
cession, acquisition of territory by 37–8
Channel Islands 30
chemical weapons, limits on use of 256–7
China
Hong Kong 39, 401, 405
international organisations and 197, 198
Macau 401, 405
citizenship 180–1
civil aviation 345
air services
agreements 349–50
domestic 347
international 347
aircraft nationality 183, 348–9
airspace
international 347–8
jurisdiction in 44
national 346–7
national 346–7
civil and state aircraft 346
Page 488
International Civil Aviation Organisation (ICAO) 345
jurisdiction over aircraft 351–2
use of force against aircraft 352–3
Warsaw and Rome Conventions 350–1
civilians, armed conflict law (humanitarian law) and 259
climate change 338–40
colonies see overseas territories
comity 12
commercial activities
diplomatic missions 119, 140
state immunity and 165–8
commercial arbitration 389
Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) 197, 334, 360
common heritage of mankind 41
Commonwealth
citizenship 180–1
high commissions 118
MOUs and 56
communications, diplomatic missions and 132–6
communications in transit 151
diplomatic bag 132
diplomatic couriers 132–6
official correspondence 132
compensation
in bilateral investment treaties 376–8
reparation 420–1
interest 421
United Nations sanctions 220
World Trade Organisation (WTO) and 386–7
compromis 438
compromissory daure 436, 437
conciliation 433
condominium 31–2
conflict of laws 1–2
Congo 217
conquest, acquisition of territory by 36–7
conscience, freedom of 242
consensus, treaties 60
consular relations 156–8
appointment of consuls 157
consular bag 158
consular immunities 158
diplomatic missions and 119
establishment of consular post 157
freedom of communication 157
freedom of communication 157
functions of consular post 157
honorary consuls 158
premises of consular post 157
severance 105
consultations 431–3
contiguous zone 304
continental shelf 308–9
construction of artificial islands 309
delimitation 310–11
contracts of employment, state immunity and 168–9
Cook Islands 30
corporations
nationality 182–3
as organs of state 411
state immunity and 163
as subjects of international law 13
terrorism and 292–3
countermeasures 425–8
objects and limits 426
obligations not affected by countermeasures 428
procedural conditions 427–8
proportionality 426–7
couriers, diplomatic 132–6
credentials 59
criminal offences 268–73
aggression 272
crimes against humanity 271–2
genocide 270–1
international criminal tribunals 220
piracy 269, 312–13
responsibility of superiors 272–3
slavery 269–70, 313
state immunity and 172
heads of state/government 177–8
visiting armed forces 176
superior orders 257
see also international criminal law; terrorism
Page 489
Cuba, Guantanamo Bay naval base 39
detainees at 258
customary international law
domestic law and 13
opinio juris 7–8
persistent objectors 7
as source of international law 6–8
succession of states and 394
customs
duties, diplomatic immunity from 146
inspection, diplomatic immunity from 147
Cyprus
Turkish Republic of Northern Cyprus (TRNC) 19, 206
UK sovereign bases 31
Czech Republic 391, 404
succession to treaties 400–1
Danube 365
death penalty 239
debts, succession of states and 401–3
default, judgments in 174
delimitation and demarcation of boundaries 34, 220, 309–11
exclusive economic zone (EEZ) 310–11
territorial sea 310
depositary for treaties 109–11
designation 109
functions 110–11
impartiality 110
multiple 109
devolution agreements 396
diplomatic asylum 129, 187–8
diplomatic missions
archives 130–1
asylum in 129, 187–8
bank accounts 127
commercial activities 119, 140
duties to receiving state 152–3
establishment 118
freedom of communication 132–6
communications in transit 151
diplomatic bag 132
diplomatic couriers 132–6