The Individual in the International Legal System: Continuity and Change in International Law (Cambridge Studies in International and Comparative Law)
Kate Parlett
Language: English
Pages: 462
ISBN: 0521196663
Format: PDF / Kindle (mobi) / ePub
Kate Parlett's monograph on the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day, including very recent developments in human rights law and international investment law. It focusses on international claims processes, humanitarian law, international criminal law and human rights law and, reflecting on comprehensive analysis which cuts across all of these fields, draws conclusions about structural change in the international legal system.
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Justice on Points of Law and Procedure of General Application’ (1930) 11 BYIL 1, 4. Ibid. See also M. O. Hudson, The Permanent Court of International Justice: A Treatise (New York, Macmillan, 1934), pp. 530–1. Final Agreement reproduced in Jurisdiction of the Courts of Danzig (Actions by Certain Railway Officials Against the Polish Administration), PCIJ Rep. ser. C no. 14-I (1928) 152–7. Treaty of Versailles, 28 June 1919, UKTS 4 (Cmd 153), Arts. 100, 102 and 103. See K. Parlett, ‘The PCIJ’s
right’.103 Individuals who do not possess any nationality enjoy only limited protection. Apart from obligations expressly laid down by treaty and obligations to respect human rights and fundamental freedoms, as far as international law is concerned there is ‘no restriction upon a state maltreating . . . stateless individuals’.104 In principle, subject to any particular applicable international obligation, ‘it is 97 98 100 101 102 103 Jennings and Watts, Oppenheim’s International Law, p. 847,
below.17 Claims relating to treatment of nationals which were referred to arbitration included disputes over naval captures;18 claims relating to treatment of vessels,19 including fishing disputes;20 claims relating to the imposition of excessive customs duties;21 claims concerning the treatment of nationals (for example, regarding arrest or imprisonment);22 claims relating to the expropriation of property;23 and claims relating to breach of contract by a state.24 The treaties referring these
UNRIAA 695; France–Venezuela, 27 February 1903, X UNRIAA 3; Netherlands–Venezuela, 28 February 1903, X UNRIAA 709; Belgium–Venezuela, 7 March 1903, IX UNRIAA 321; Sweden/Norway–Venezuela, 10 March 1903, X UNRIAA 763; Spain–Venezuela, 2 April 1903, X UNRIAA 737; Brazil–Peru, 12 July 1904, 196 CTS 106. Antoine Fabiani case, French-Venezuelan commission of 1902, 31 July 1905, X UNRIAA 83, 127. Ibid. 127. 60 the individual in the international legal system the claimant individual and the
reaffirmed the traditional rule by requiring nationality at both the date of presentation and of injury, but did not specifically require continuity between those dates: Institute of International Law, ‘Resolution on the National Character of an International Claim Presented by a State for Injury Suffered by an Individual, Warsaw Session, 1965’, Resolutions de l’Institut de Droit International, 1957–1991 (1992), pp. 55–6. ILC, Report of the Fifty-eighth Session (2006), A/CN.4/L.684, Commentary to
