Reflection (200-300 words)
- What comes in your mind when you read the words “International law”?
- Which one of the “100 Ways International Law Shapes Our Lives ” caught your attention the most, and why?
- Choose THREE words that you naturally associate with the concept of International law.
I N T E R N A T I O N A L L A W :
100 WAYS
IT SHAPES OUR LIVES
2018 Edition
I N T E R N A T I O N A L L A W :
100 WAYS
IT SHAPES OUR LIVES
2018 Edition
Contents
Foreword to the 2018 Edition ……………………………………………………………………………………………….
i
Introduction to the 200
6
Edition ………………………………………………………………………………………… i
ii
The Ways …………………………………………………………………………………………………………………………………..
1
IN DAILY LIFE
…………………………………………………………………………………………………………….. 1
AT LEISURE AND IN THE WORLD ……………………………………………………………………………
5
AWAY FROM HOME
………………………………………………………………………………………………..
9
LIBERTY AND FUNDAMENTAL RIGHTS ……………………………………………………………..
11
PUBLIC HEALTH AND THE ENVIRONMENT ……………………………………………………… 1
3
PEACE AND SECURITY
……………………………………………………………………………………….
19
ECONOMIC OPPORTUNITIES AND COMMERCIAL LIFE ………………………………… 23
PUBLIC SAFETY AND SOCIAL DEVELOPMENT ……………………………………………….
29
About ASIL ……………………………………………………………………………………………………………………………..
33
Foreword to the 2018 Edition
100 Ways “2.0”
Over a decade has passed since we published the frst edition of the 100 Ways to mark the
centennial of the American Society of International Law. The Society’s mission—to foster
the study of international law and to promote international relations on the basis of law and
justice—is even more critical today than when the 100 Ways was frst issued.
But while many of the original Ways are as valid today as they were when the publication was
frst issued, the dynamism of international law required that we review and update the Ways
to refect the progressive development of the law, the evolution of international institutions,
and the relative importance of diferent areas today versus
10
years ago. You will fnd new
Ways sprinkled throughout the diferent categories, with many of them updated. Whether
it is “driving with the help of a Global Positioning System (GPS)” (Way 6), “Banning medical
experiments, like the infamous Tuskegee Syphilis Experiment, conducted on people without
their consent” (Way 38), global climate change (Way 54), or “fghting human trafcking” (Way
90), we seek to illustrate the many ways, often unseen and unappreciated, that international
law permeates our lives, protecting, enabling, securing, and facilitating our activities in
diferent spheres.
The reader will also fnd the Ways organized in slightly diferent categories than in the
original publication. As before, we have chapters that illustrate the role of international law
in daily life, at leisure and in the world, and away from home, and in public health and the
environment. “Liberty” has been renamed “liberty and fundamental rights”, “commercial life”
is now “economic opportunities and commercial life”, “public safety” is now “public safety and
social development”, and we have added a new category for “peace and security.”
The Ways in this booklet illustrate the many forms that international law takes—treaties,
other types of international agreements, custom and practice, and even so-called “soft law”,
as well as the varied institutions that deal with the myriad cross-border issues that arise in
today’s world. They demonstrate the many, sometimes subtle, but often critical, ways in which
international law is embedded in our lives. They also illustrate the dynamism of international
i
law and the extent to which people and countries turn to it as a tool to address problems,
manage risks, and further their interests. That is not to say international law ofers a solution
for every problem that has transnational dimensions, or that the development of international
law will always keep pace with the emergency of new and complex global challenges.
One need only think of cybersecurity and the digital revolution and how quickly data and
information move across borders today to realize that the work of building a well-functioning
system of international laws and institutions is never done. But the efort to establish and
maintain such a system remains the best means yet devised to build secure and prosperous
communities and promote the peaceful resolution of disputes.
Given the accelerating pace of change, 100 Ways 2.0 will eventually give way to 3.0. But for
now I hope you fnd this updated and streamlined version of the 100 Ways as useful a tool as
the original Ways proved to be. We would love to hear from you about this booklet: What
is your favorite Way? Are there other areas we should be highlighting? What are the gaps in
international law that concern you? What can we do to further educate people about the role
of international law in making our universe safer, more navigable, more dependable? Please
write us at services@asil.org .
Finally, thanks are due to our members and leaders who are responsible for 100 Ways 2.0:
Anna Spain Bradley and Perry Bechky led the project, with assistance from Marija Dordeska,
Charles di Leva, Rahim Moloo, Bruce Rashkow, and Alison Dundes Renteln, and further input
and support from Catherine Amirfar, Sean Murphy and Kal Raustiala. Thanks, as always, to
executive director Mark Agrast and the Tillar House staf, including deputy executive director
Wes Rist and director of communications and technology James Steiner. They have advanced
the vision of this project, and their work updating, clarifying and streamlining the Ways have
made this a better product. The Society benefts from the tremendous talent and expertise of
its members, and this project refects that fact.
Lucinda A. Low
President, American Society of International Law
March 201
8
ii
mailto:services@asil.org
mailto:services@asil.org
Introduction to the 2006 Edition
Many people fnd international law abstract or difuse. Topics such as war and peace or
relationships between countries are considered by some to be not so much questions of
law, but of power and infuence. Some go so far as to argue that there is no such thing as
international law.
International Law: 100 Ways It Shapes Our Lives was conceived from the proposition that
international law not only exists, but also penetrates much more deeply and broadly into
everyday life than the people it afects may generally appreciate. We therefore decided it
would be educational and useful to identify some of those very concrete and specifc ways,
particularly relevant to a U.S.-based audience, and disseminate them.
The project was occasioned by this year’s celebration of the 100th anniversary of the
American Society of International Law’s founding. A committee was formed to take
the project forward, and the decision to identify 100 ways was an outgrowth of the
centennial.
More than 200 ways were considered through an extensive selection and vetting process
involving broad outreach to Society members and international law experts (and which is
described on page v).
The result is the selection of ways that are reprinted here. These are not necessarily the
“best” 100 ways that could be found, either today or in the future. In fact, the dynamic nature
of international law and institutions makes it inevitable that new ways will be constantly
emerging. Nor is 100 Ways meant to be fully illustrative of all the myriad areas where
international law and institutions operate. The project’s search for concrete and specifc ways
of relevance to individuals in the United States led us to focus on some areas to the exclusion
or minimization of others. Nor should anything be read into their order of presentation here.
We did endeavor to identify ways in a range of contexts, from daily life, to leisure and
travel, to commerce, to health and the environment, personal liberty, and public safety
and situations of armed confict. Some ways are of relatively recent vintage, while others
are long-standing.
i
iii
We sought to emphasize less those areas where international law, while important, may
be predominately aspirational, or where the U.S. connection is more attenuated. We did
not, however, feel the list should be limited to treaties to which the U.S. is a party; in fact,
because of the individual dimension of several issues, such as climate change and anti-
personnel land mines, relevant ways were included where the U.S. has not joined the principal
international treaty regime to date.
There were surprises as we went through the selection process. We learned that some
prominent features of daily and commercial life today, despite their global character, are not
the result of or directly afected by international law—a notable example of this being the
Internet.
Readers may disagree with our selections, or feel that we have overlooked important
areas. But part of our goal is to stimulate thinking and provoke dialogue. We welcome
submission of additional proposed ways; please see page
v
for details.
ii
iv
The following prefatory notes were included in the 2006 Edition.
100 Ways: The Process and the Future
At the Spring 200
4
Executive Council meeting, outgoing ASIL President and Centennial
Committee Chair Anne-Marie Slaughter called for ideas of ways the Society could observe its
2006 Centennial. Lucinda Low suggested that there should be 100 of them – ways, that is, in
the form of a list that would demonstrate just how much of an impact international law has
on people in their daily lives.
In November 2004, Low formed the 100 Ways Committee to develop such a list. In
addition to producing the list for public education purposes, the committee sought to
involve the Society membership in the project as much as possible. The list was created
using committee member suggestions, expert replies to inquiries, and suggestions from
ASIL members solicited at the 99th Annual Meeting, on the ASIL web site, through the
ASIL Newsletter, and via e-mail requests. ASIL staf and interns also provided or researched
suggestions. Some 80 people provided more than 200 suggestions for the committee’s
consideration; an extensive review process yielded the 100 Ways presented here.
In addition to the individual experts and members who suggested ways, sources used
to fnd or confrm ways included: EISIL, the Society’s Electronic Information System for
International Law (www. eisil.org); the Encyclopedia of Public International Law, by the Max
Planck Institute for Comparative Public Law and International Law, under the direction of
Rudolf Bernhardt; the UN publication, “Sixty Ways the United Nations Makes a Diference,”
and the respective UN, international, or government institutions with responsibility for
the international law, agreement, or activity described.
100 Ways is a dynamic project, and we invite readers to suggest new, better, or alternative
ways to be included in future versions of the list, which will be updated periodically on the
ASIL web site and, as warranted, in print. If you have recommendations for new ways, or
questions or comments about any of the existing ways, we encourage your input. Please
go to the 100 Ways page on the ASIL web site – www.asil100.org/ways.html – where you
can submit your ideas or reactions.
v
www.asil100.org/ways.html
The ASIL Centennial
In 2006, the American Society of International Law celebrates 100 years of service to the feld
and subject of international law. The ASIL Centennial theme — A Just World Under Law —
unites the year’s many observances that look to the future, highlighting the transformation as
well as the continuity of the organization and its work.
“The increase of popular control over national conduct, which marks the political
development of our time, makes it constantly more important that the great body of
the people in each country should have a just conception of their international rights
and duties.”
These were the frst words ever to appear in the Society’s fagship publication, the American
Journal of International Law. ASIL President Elihu Root’s appeal in 190
7
for educating a
democratic public about international law captures the raison d’être for the organization
that is as valid today as it was when the Society was formed. Despite 100 years of dramatic
change – whether in international law itself (e.g., the increased focus on the individual as
an international law subject), in the world at large (e.g., technology or communications),
or in the membership of the Society (e.g., from a relatively small group of white American
males to 4,000 diverse people from nearly 100 nations) – the Society has remained true to
its founding premise.
Although it is hard to argue with the centennial theme of “a just world under law” as an
objective, there is sure to be much less agreement on what this ideal world would look
like, how it would be best achieved, or whether it can be achieved. Yet that is in many
ways the point, as the Society meets the need for a leading forum to share and learn from
divergent views about pursuing if not achieving people’s “rights and duties” in a global
environment.
Looking to the Society’s next 100 years, the educational imperative for ASIL scholarship
and educational programs will continue to increase as international law becomes a
greater civic force in peoples’ lives.
vi
IN DAILY LIFE
IN
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2
3
4
5
6
Setting one globally recognized system for telling time.
By establishing the prime meridian and Greenwich Mean Time, later
updated to “universal time” (Final Act of the International Meridian
Conference, 1884).
Mailing a letter or package reliably and easily to anyone in the
world.
By ensuring a universal postal network in which you can buy a postage
stamp in your home country that will be accepted for mail delivery in all
countries (Constitution of the Universal Postal Union, 1964).
Driving safer cars.
By adopting global safety standards for automobiles (notably through
the Agreement Concerning the Establishing of Global Technical
Regulations for Wheeled Vehicles, Equipment, and Parts Which Can Be
Fitted and/or Used on Wheeled Vehicles, 1998).
Living in Alaska, Arkansas, Florida, Missouri and other parts of
the United States acquired by treaty, most famously the Louisiana
Purchase.
As the result of treaties with France (1803), Spain (1821), and Russia
(1867).
Adopting foreign-born children safely and fairly.
By establishing a system for governments to cooperate in inter-country
adoptions to protect the best interests of the child (Hague Convention
on Protection of Children and Co-operation in Respect of Intercountry
Adoption, 1993).
Driving with the help of a Global Positioning System (GPS).
By creating a worldwide communication network and preventing
governments from claiming exclusive rights to places where satellites
are located in geostationary orbit (Constitution of the International
Telecommunications Union, 1865; Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, Including
the Moon and Other Celestial Bodies, 1967).
2
7
8
9
10
11
12
Fixing the length of a second with the extreme precision needed to
allow cell phone networks to operate.
As a result of a decision by the 13th General Conference on Weights
and Measures (1967), under the auspices of the International Ofce of
Weights and Measures (est. 1875).
Using the same apps and software worldwide.
By providing rights above and beyond ordinary copyright protection,
such as rights of distribution and rental, to authors in the digital
environment (World Intellectual Property Organization Copyright Treaty,
1996).
Watching live news and events from around the world on TV and
mobile devices.
By providing equal access to the international satellite communications
network, as stated in UN General Assembly Resolution 17
21
of 1961.
Eating a wider variety of fresh fruits and vegetables, especially in
winter.
By reducing barriers to agricultural trade under various agreements
(most notably the Uruguay Round Agreement Establishing the World
Trade Organization, 1994).
Buying tequila with confdence that it comes from Mexico.
As a result of rules recognizing that certain foods have unique
geographical origins, such as the Lisbon Agreement for the Protection
of Appellations of Origin and their International Registrations (1958) and
the North American Free Trade Agreement (1994).
Buying a greater variety of goods, often at more competitive
prices, such as fowers from Colombia on Valentine’s Day.
By improving market access for goods through multilateral and regional
agreements like Uruguay Round Agreement Establishing the World Trade
Organization (1994) and the bilateral trade agreement with Colombia
(2012).
3
13 Eating your tuna sandwich knowing it was made from fsh caught
without killing dolphins.
By establishing the International Dolphin Conservation Program (1999) to
limit harm to dolphins during fshing of yellowfn tuna.
14
Choosing from a greater variety of wines from countries like
Australia, Chile, and South Africa, and promoting wine exports.
By standardizing regulatory requirements to facilitate trade in wine while
allowing regulation to protect health (Agreement on Mutual Acceptance
of Oenological Practices, 2001).
15
Making it easier to have important documents like birth
certifcates and diplomas recognized in more than 100 countries.
By authenticating the document with a widely-accepted certifcation
known as an apostille (Hague Convention Abolishing the Requirement of
Legalization for Foreign Public Documents, 1961).
16
Resolving cross-border child custody disputes and abduction cases
more easily and consistently.
By requiring recognition in other countries of custody rights established
in the country where the child lived (Hague Convention on the Civil
Aspects of International Child Abduction, 1980).
IN
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4
AT LEISURE AND
IN THE WORLD
AT
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18
19
20
21
22
Viewing whales in the oceans surrounding Canada, the Caribbean
and Antarctica due to international eforts that protect whales
from hunting and habitat depletion.
By creating marine sanctuaries and controlling whale hunting to help
prevent the extinction of the species (Convention for the Regulation of
Whaling, 1946).
Watching your favorite singer or band on a worldwide concert tour,
or a foreign athlete on your favorite sports team.
By enabling athletes and entertainers to perform outside their own
countries without the income they earn being taxed two times (as a
result of a network of double taxation agreements).
Watching or playing in fairer Olympic Games and Para-Olympic
Games.
By establishing rules against performance-enhancing drugs and a
procedure to resolve disputes about doping through the Court of
Arbitration for Sport (International Convention against Doping in Sport,
2007).
Reading Harry Potter books or watching the movies.
By giving author J.K. Rowling the same protection for her literary works
abroad as she receives at home (Berne Convention for the Protection of
Literary and Artistic Works, 1971).
Traveling on safer cruise ships.
By mandating safer ships and safety procedures, with regard to
construction, equipment, seaworthiness, the use of signals, and the
maintenance of communications (International Convention for the Safety
of Life at Sea, 1974).
Visiting cultural heritage sites, such as Angkor Wat, the Egyptian
Pyramids, Machu Picchu, or Petra.
By preserving natural, cultural, and heritage sites through a series of
treaties and the protective work of UNESCO.
6
23 Seeing a touring exhibit of art from China or Egypt.
As the result of bilateral cultural exchange agreements or the
international Convention on the Means of Prohibiting and Preventing
the Illicit Import, Export and Transfer of Ownership of Cultural Property
(1970).
24
Saving unique and iconic species (like giant sea turtles and polar
bears) and habitats (like the Everglades).
As a result of conservation agreements like the Ramsar Convention on
Wetlands (1971), the Agreement on the Conservation of Polar Bears
(1973), and the Inter-American Convention for the Protection and
Conservation of Sea Turtles (2001).
25
Increasing the likelihood that the movie “The March of the
Penguins” could be flmed again decades from now.
By preserving Antarctica’s natural environment (Antarctic Treaty, 1959,
and its 1991 protocol on environmental protection).
26
Seeing pandas at zoos in the United States as part of a breeding
program to preserve the species.
As a result of bilateral agreements between China and the United States,
negotiated in accordance with the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES, 1973).
7
AWAY FROM HOME
A
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27
28
29
30
31
32
33
Flying shorter, more direct routes to international destinations.
As the result of the Chicago Convention on International Civil Aviation
(1944), which permits aircraft to fy across the territories of nearly 200
parties.
Traveling with relative ease, simply by having a passport.
By using a standardized document – your passport – that virtually all
countries accept under standards adopted by the International Civil
Aviation Organization (Chicago Convention on International Civil Aviation,
1944) and the International Organization for Standardization (ISO).
Protecting international fights from hijacking and terrorism.
As a result of a series of treaties to promote security of aircrafts and
airports, starting with the Tokyo Convention on Ofenses and Certain
Other Acts Committed on Board Aircraft (1963).
Getting an up-to-date weather forecast about your destination
before you travel.
By fostering cooperation in collecting and disseminating worldwide
weather data, as provided for by the Convention of the World
Meteorological Organization (1947).
Making it possible for you to drive a car in another country.
By establishing a standardized international driver’s permit, which is
recognized by most countries around the world (UN Convention on
International Road Trafc, 1949).
Requiring all ships at sea to come to the aid of a ship in distress.
As a result of the International Convention for the Safety of Life at Sea
(1974).
Knowing you can fle a lawsuit against a foreign airline in your
home country if you are injured or lose a loved one due to an
accident.
By standardizing the liability regimes under which airlines operate
(Montreal Convention for the Unifcation of Certain Rules for International
Carriage by Air, 1999).
10
LIBERTY AND
FUNDAMENTAL RIGHTS
LI
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A
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34
35
36
37
38
39
Making torture a crime in nations around the world and requiring
governments to prosecute or extradite alleged ofenders.
Providing victims of torture a right to compensation and
prohibiting other governments from returning people to a country
where they are in danger of torture.
As a result of the UN Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment (1984).
Making it illegal to force children to serve as fghters in the military
or armed groups.
As a result of the UN Convention on the Rights of the Child (1989) and
its Optional Protocol on the Involvement of Children in Armed Confict
(2000).
Establishing your right to meet with government ofcials from
your home country if you are arrested abroad.
By requiring that you be informed, if you are arrested in another country,
that you have a right to inform and meet with your consulate (Vienna
Convention on Consular Relations, 1963).
Helping to protect persons from being prosecuted for advocating
political change.
By excluding from virtually all bilateral and multilateral extradition
treaties an obligation to extradite persons when they are charged with
political ofenses, such as criminalizing political advocacy as “treason.”
Banning medical experiments, like the infamous Tuskegee Syphilis
Experiment, conducted on people without their consent.
Due to international treaties that prohibit such practices (the
International Covenant on Civil and Political Rights, 1966).
Making travel within the European Union easier by allowing more
people to move across borders without passports or visas.
By guaranteeing the free movement of persons (Schengen Agreement,
1985; Treaty of Amsterdam, 1997).
12
PUBLIC HEALTH AND
THE ENVIRONMENT
PU
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40
41
42
43
44
Eradicating the spread of harmful diseases, such as diphtheria
or the measles, by making vaccines available around the world,
including to communities that cannot aford them.
Due to the work of the World Health Organization (1948), the UN
Development Program (1966) and the Global Alliance for Vaccines and
Immunization (2000), which work to vaccinate communities in need and
develop new vaccines that stop the spread of infectious disease.
Reducing the chances that your salad is contaminated with e. coli
and other harmful bacteria.
As a result of food safety standards for over 200 foods and safety
limits for more than 3000 food containers (the Codex Alimentarius
Commission,1963; the International Plant Protection Convention, 1951;
and the World Trade Organization Agreement on the Application of
Sanitary and Phytosanitary Measures, 1994).
Reducing the harmful efects of tobacco.
By establishing a comprehensive international framework for tobacco
control (the Framework Convention for Tobacco Control (2003) and the
Protocol to Eliminate Illicit Trade in Tobacco Products (2012)).
Working to prevent the spread of epidemics by requiring all
nations to report outbreaks of deadly diseases, such as the Ebola
and Zika viruses, to the World Health Organization.
By establishing a global system of surveillance and response against
public health emergencies of international concern (the International
Health Regulations of the World Health Organization (2005)).
Preserving natural sources of medicine, such as morphine derived
from the plant Papver somniferum or antibiotics derived from the
fungi Penicillium chrysogenum, that may one day save your life.
By protecting wild fauna and fora and recognizing that such species may
yield medicines that can treat human illness and disease (the Convention
on International Trade in Endangered Species of Wild Fauna and Flora,
1973; the Convention on Biological Diversity, 1992).
14
45
46
47
48
Increasing the availability of patented pharmaceuticals at your
pharmacy or drug store.
By permitting governments to allow companies to manufacture generic
drugs from patented drugs or import proprietary drugs from third
countries (the World Trade Organization Agreement on Trade-Related
Aspects of Intellectual Property Rights, 1994).
Preventing birth defects caused by mercury, pesticides and other
hazardous chemicals.
By prohibiting and eliminating the production and use of toxic chemicals
such as DDT, PCBs, and dioxin that can harm human health (the
Rotterdam Convention on the Prior Informed Consent Procedure for
Certain Hazardous Chemicals and Pesticides in International Trade, 1998;
the Stockholm Convention on Persistent Organic Pollutants, 2001; and
the Minamata Convention on Mercury, 2013).
Preventing hazardous waste spills.
By requiring governments to take measures to prevent illegal transport
and disposal of hazardous waste across borders (the Basel Convention
on the Control of Transboundary Movements of Hazardous Wastes and
Their Disposal, 1989; and the Bamako Convention on the Ban of the
Import into Africa and the Control of Transboundary Movement and
Management of Hazardous Wastes within Africa, 1991).
Requiring the nuclear energy plant that produces your electricity
to follow strict safety standards.
By establishing international safeguards monitored by the United Nations
International Atomic Energy Agency and coordinating international
assistance in cases of nuclear crises (the Statute of the International
Atomic Energy Agency, 1956; the Convention on Assistance in the Case
of a Nuclear Accident or Radiological Emergency, 1986; the Convention
on Early Notifcation of a Nuclear Accident, 1986; the Convention on
Early Notifcation of a Nuclear Accident, 1986; the Convention on Nuclear
Safety, 1994; and the Convention on Nuclear Safety, 1994).
15
PU
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50
51
52
53
Drinking water free from pollution and harmful contamination.
By improving water quality through protections for transboundary
rivers, lakes, and other waterways (the Convention on the Protection
and Use of Transboundary Watercourses and International Lakes, 1992;
and its Protocol on Water and Health, 1999; as well as the United Nations
Convention on the Law of Non-Navigational Uses of International
Watercourses (1997)).
Reducing acid rain and the harmful health efects it causes by
regulating air pollution across national borders.
By requiring nations to reduce the emissions of some pollutants that
make up transboundary air pollution (the Convention on Long-Range
Transboundary Air Pollution, 1979, and its Protocols).
Protecting the ozone layer of the atmosphere so it can continue to
shield the Earth from harmful ultraviolet light.
By banning and reducing the production and use of chemicals that erode
ozone (the Vienna Convention for the Protection of the Ozone Layer,
1985; the Montreal Protocol on Substances that Deplete the Ozone Layer,
1987; and various amendments to the Montreal Protocol, most recently
the Kigali Amendment; 2016).
Protecting the Great Lakes from water pollution and invasive
species such as Zebra Mussels and Sea Lampreys.
By monitoring water quality and restoring the biological, chemical and
physical integrity of the Great Lakes Basin ecosystem (the Great Lakes
Water Quality Agreement, 1972, and additional protocols; and the Great
Lakes Restoration Initiative, 2010).
Enjoying a day at the beach without worrying that the seawater is
contaminated by industrial waste.
By reducing land-based marine pollution harmful to health and the
environment and by regulating responsibility for vessels at sea, including
restrictions on ocean dumping (the Convention on the Prevention of
Marine Pollution from Land-Based Sources, 1974; the UN Convention
on the Law of the Sea, 1982; and the International Convention for the
Prevention of Pollution from Ships, 1973, and its 1978 amendment).
16
54 Encouraging global action to combat the catastrophic
consequences of manmade climate change.
Through the UN Framework Convention on Climate Change (1992), the
Kyoto Protocol to the UN Framework Convention on Climate Change
(1997), and the Paris Agreement (2015).
5Promoting safe ship operations in the Arctic while also 55 preventing the spillage of oil, sewage and liquid chemicals into the
ocean.
By establishing the “Polar Code” formally known as the International Code
for Ships Operating in Polar Waters, Section on Environmental Provisions,
2015.
17
PEACE AND SECURITY
56
57
58
59
60
Promoting a more peaceful world by reducing wars between
nations.
By outlawing war and fostering collective security (the United Nations
Charter, 1945).
Providing nations with methods and institutions to settle disputes
peacefully.
Through agreements facilitating negotiation, mediation, conciliation,
arbitration and adjudication (such as the United Nations Charter, 1945;
and the Statute of the International Court of Justice, 1945).
Fostering national security through military alliances.
As a result of regional alliances like the North Atlantic Treaty (1949) and
bilateral alliances like the Japan-U.S. Treaty of Mutual Cooperation and
Security (1960).
Ensuring that the International Committee of the Red Cross and
Red Crescent and the Federation of Red Cross and Red Crescent
Societies may provide humanitarian assistance during times of
armed confict.
As a result of the Geneva Convention for the Amelioration of the
Condition of the Wounded in Armies in the Field (1864) and related
instruments supporting the establishment and operation of International
Red Cross and Red Crescent societies.
Working to prevent and prosecute genocide.
By requiring nations to prosecute alleged perpetrators of genocide
before international and national courts (the Convention on the
Prevention and Punishment of the Crime of Genocide, 1948; and the
Rome Statute of the International Criminal Court, 1998).
PE
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61
62
63
64
Banning cruel and inhumane weapons such as sarin gas or land
mines shaped like children’s toys.
By prohibiting the production and use of toxic chemicals, conventional
weapons such as booby-traps, certain landmines and biological weapons
and providing for extensive measures to verify compliance with these
obligations (Convention on the Prohibition of the Development,
Production, and Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction, 1972; Convention on Certain
Conventional Weapons, 1983, and its annexes; Convention on the
Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapons, 1992; the Convention for the Prohibition of the Use,
Stockpiling, Production, and Transfer of Anti-Personnel Mines and on
Their Destruction, 1997).
Protecting prisoners of war from torture, starvation, and other
inhumane treatment.
By mandating that nations who take prisoners of war provide wounded
and captured enemy military personnel with medical treatment and
humane living conditions (Geneva Convention I for the Amelioration
of the Condition of Wounded and Sick Armed Forces in the Field, 1949;
Geneva Convention II for the Amelioration of the Condition of Wounded,
Sick, and Shipwrecked Members of the Armed Forces at Sea, 1949; and
Geneva Convention III Relative to the Treatment of Prisoners of War,
1949).
Keeping Antarctica peaceful.
By limiting the use of arms and military activity in Antarctica and
promoting cooperation for exploration and future use (the Antarctic
Treaty, 1959).
Keeping outer space safe from weapons and other threatening
behavior.
By preserving outer space as a peaceful sanctuary and prohibiting the
use of nuclear or other weapons of mass destruction in orbit or on a
celestial body (the Treaty on Principles Governing the Activities of States
in the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies, 1967).
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Reducing the number, spread, and testing of nuclear weapons.
Due to the Comprehensive Test Ban Treaty (1963), the Treaty on the Non-
Proliferation of Nuclear Weapons (1968), and the Russia-U.S. Treaty on
Measures for the Further Reduction and Limitation of Strategic Ofensive
Arms (2010).
Working to prevent armed confict and violence by regulating
cross-border movement of missiles, tanks and other conventional
weapons.
By restricting arms sales that undermine peace or contribute to war
crimes and other humanitarian violations (Arms Trade Treaty, 2013).
Promoting military cooperation between the U.S. and other
nations.
By permitting and regulating the establishment of military bases in allied
countries under “Status of Forces Agreements” such as the Korea-U.S.
SOFA (1966).
Knowing that the diamond in your engagement ring was not
mined by children or sold to fund a war.
By establishing a certifcation regime to keep illicit “confict diamonds”
out of diamond sales (Kimberley Process Certifcation Scheme, 2002).
Keeping peace in difcult circumstances, whether by separating
armed groups, providing humanitarian relief, or assisting
transitional governments.
Through peacekeeping missions authorized by the United Nations under
the UN Charter (1945).
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ECONOMIC DEVELOPMENT
AND COMMERCIAL LIFE
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Making it easier to complete a business deal across borders due to
the standardization of trade terms and defnitions.
By providing clear, standardized terms that reduce the uncertainties
of cross-border transactions (for example, the Unidroit Principles of
International Commercial Contracts (2010)).
Making international sales more efcient and reliable, by relying
on a uniform and fair regime for sales contracts.
Through the UN Convention on Contracts for the International Sale of
Goods (1980) and the UN Convention on the Limitation Period in the
International Sale of Goods (1974).
Beneftting from a letter of credit issued to a foreign buyer to
reduce the risk of nonpayment for goods sold abroad.
By establishing international rules that were promulgated by the
International Chamber of Commerce (ICC) (the Uniform Customs and
Practices for Documentary Credits, 1993; and their revisions, 2007).
Making the transport of goods by sea more efcient and less
expensive.
By outlawing piracy, permitting ships to sail in the waters of other
countries, enabling the defense of transport ships by any nation’s
navy, establishing requirements for a ship’s crew, and regulating
cargo transactions (The Hamburg Rules, 1978; and the United Nations
Convention on the Law of the Sea, 1982; United Nations Convention on
the Carriage of Goods by Sea, 1992; and the United Nations Convention
on Contracts for the International Carriage of Goods Wholly or Partly by
Sea, 2008).
Enforcing an arbitral award without a local court having to hear
the dispute anew.
By using the New York Convention on the Recognition and Enforcement
of Foreign Arbitral Awards (1958) or the Inter-American Convention on
International Commercial Arbitration (1975).
24
75 Receiving documents and evidence located abroad in your court
proceedings.
By creating expedited procedures to facilitate the receipt or delivery
of evidence and documents in judicial or extrajudicial matters (The
Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters, 1965; The Hague Convention
on the Taking of Evidence Abroad in Civil or Commercial Matters, 1970;
the Inter-American Convention on Letters Rogatory and Additional
Protocol, 1975 and 1979; and the Inter-American Convention on the
Taking of Evidence Abroad, 1975).
76 Promoting a more stable international monetary system.
By creating the International Monetary Fund, which monitors economic
developments, gives practical help to governments to develop their
abilities to promote economic growth and stability, and lends to
countries facing fnancial problems (IMF Articles of Agreement, 1944).
77 Being able to seek compensation from a foreign government that has unlawfully expropriated your property.
Due to the Convention on the Settlement of Investment Disputes
between States and Nationals of Other States, 1965, and related treaties
protecting investments.
78 Protecting your trade name or trade dress – such as the distinctive shape of a Coca Cola bottle or an Apple iPhone – from imitators.
As a result of the Protocol Relating to the Madrid Agreement Concerning
the International Registration of Marks (1989).
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Protecting your patented invention or product, whether the latest
software or “Post-it” notes, around the world.
Through the work of the World Intellectual Property Organization and
the observance of international agreements (the Paris Convention for
the Protection of Industrial Property, 1883, amend. 1979; the Protocol
Relating to the Madrid Agreement Concerning the International
Registration of Marks, 1989; the Vienna Agreement Establishing an
International Classifcation of the Figurative Elements of Marks, 1973,
amend. 1985; the Nice Agreement Concerning the International
Classifcation of Goods and Services for the Purposes of the Registration
of Marks, 1957, amend. 1979; and the Convention on the Grants of
European Patents, 1973).
Working to reduce bribery, corruption and other forms of cross-
border criminal activity in international business.
As a result of treaties such as the Organization of American States Inter-
American Convention Against Corruption, 1996; the Organization for
Economic Cooperation and Development Convention on Combating
Bribery of Foreign Public Ofcials in International Business Transactions,
1997; the Council of Europe Criminal and Civil Law Conventions on
Corruption, 1999; the United Nations Convention against Transnational
Organized Crime, 2000; the United Nations Convention Against
Corruption, 2003; and the African Union Convention on Preventing and
Combating Corruption, 2003.
Expediting shipments across borders by simplifying export and
import processes.
As a result of the WTO Agreement on Trade Facilitation (2013).
Making securities markets safer to invest in.
By developing rules and cooperating in enforcement actions intended
to protect investors, promote transparent markets, and reduce fraud and
other risks (International Organization of Securities Commissions and
Related Principles and Agreements, 1983).
26
83 Allowing companies to commit to submit a lawsuit to the courts in
one country.
By requiring courts of other countries to respect such agreements and
judgments issued by the chosen court (Hague Convention on Choice of
Court Agreements, 2005).
84 Preserving fsheries for future generations of fshermen and
consumers.
By preventing overfshing and illegal fshing through inhibiting sales of
improperly harvested fsh (Agreement on Port State Measures to Prevent,
Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing, 2009).
85 Exporting corn or wheat from the Great Lakes through the St.
Lawrence Seaway to the Atlantic Ocean.
As a result of the rights of access to the river in the 1909 Boundary Waters
Treaty.
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PUBLIC SAFETY AND
SOCIAL DEVELOPMENT
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Combating terrorism.
By putting in place the legal framework for nations to combat diferent
manifestations of terrorism, (for example, the Convention Against
the Taking of Hostages, 1979; the International Convention for the
Suppression of Terrorist Bombings, 1998; the International Convention for
the Suppression of the Financing of Terrorism, 1999; and the International
Convention for the Suppression of Acts of Nuclear Terrorism, 2005).
Reducing the spread and use of illegal drugs and related crime.
By penalizing drug trafcking, human trafcking, and money
laundering (the Single Convention on Psychotropic Substances, 1971;
the United Nations Convention against Illicit Trafc in Narcotic Drugs
and Psychotropic Substances, 1988; the Global Programme against
Money Laundering, 1997; and the United Nations Convention against
Transnational Organized Crime, 2000).
Strengthening tools for prosecuting crime, including extradition
of fugitives and sharing information available only in another
country.
Through global networks of extradition treaties and mutual legal
assistance treaties, such as the Mexico-U.S. extradition treaty (1978) and
mutual legal assistance treaty (1987).
Requiring governments to prosecute or extradite people accused
of terrorism and other serious crimes.
Through numerous multilateral treaties, such as the International
Convention for the Suppression of Terrorist Bombings (1997).
Fighting human trafcking.
By requiring countries to penalize trafcking and to aford compensation
and special protections to victims, with sensitivity to the needs of women
and children (Protocol to Prevent, Suppress and Punish Trafcking in
Persons, Especially Women and Children, 2000).
30
91 Banning child prostitution and pornography.
By obliging countries to act, alone and together, to stop sexual
exploitation of children (UN Convention on the Rights of the Child, 1989).
92 Working to eliminate discrimination against women and girls and
advance gender equality.
By creating U.N. Women, which provides fnancial and technical support
to implement programs and policies to address gender inequality
(Convention on the Elimination of All Forms of Discrimination Against
Women, 1979; U.N. General Assembly Resolution, 2010).
93 Ensuring that nations provide increased protections and respect
for indigenous peoples.
As a result of the United Nations Declaration on the Rights of Indigenous
Peoples, 2007.
94 Increasing protection for national minorities.
By prohibiting discrimination in employment, education, housing and
access to justice (International Convention on the Elimination of All
Forms of Racial Discrimination, 1965; Framework Convention for the
Protection of National Minorities, 1994).
95 Increasing awareness about the need for more human rights
protections for lesbian, gay, bisexual, and transgender people.
As a result of work done by the U.N. Ofce of the High Commissioner
for Human Rights, including their Report on Discriminatory Laws and
Practices and Acts of Violence Against Individuals Based on Their Sexual
Orientation and Gender Identity, 2011.
96 Prohibiting enslavement and other cruel, inhumane and degrading treatment of migrant workers and their families.
As a result of the International Migration Convention, 2003.
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Prohibiting discrimination in education.
By forbidding governments from providing separate and unequal
schooling based on gender, race or other aspects of identity (Convention
Against Discrimination in Education, 1960).
Eliminating child marriage and ensuring that marriage is entered
into only by adults who give their free and full consent.
Through the Convention on Consent to Marriage, Minimum Age for
Marriage and Registration of Marriages, 1962.
Changing discriminatory attitudes and approaches to people with
disabilities.
By increasing mechanisms through which people with disabilities can
enforce their rights (Convention on the Rights of Persons with Disabilities
and Optional Protocol, 2006).
Protecting and assisting people who are forced to fee persecution
at home to fnd refuge in another country.
By prohibiting governments from returning refugees to countries where
their lives or freedom would be threatened on account of race, religion,
nationality, membership of a social group, or political opinion (United
Nations Convention Relating to the Status of Refugees, 1951).
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About ASIL
The American Society of International Law is a nonproft, nonpartisan, educational
membership organization founded in 1906 and chartered by Congress in 1950. Its mission is
to foster the study of international law and to promote the establishment and maintenance of
international relations on the basis of law and justice.
ASIL holds Special Consultative Status to the Economic and Social Council of the United
Nations and is a constituent society of the American Council of Learned Societies.
The Society’s 3,500 members come from more than 100 nations and include practitioners,
academics, corporate counsel, judges, representatives of governments and nongovernmental
organizations, international civil servants, students and others interested in international law.
Through its meetings, publications, information services and outreach programs, ASIL
advances international law scholarship and education for international law professionals as
well as for broader policy-making audiences and the public.
2223 Massachusetts Ave., NW,
Washington, DC 20008 USA
www.asil.org
33
www.asil.org
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