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5 results

  • 9 - Customary International Law in the European Union Legal System

  • from Part III - A View from the Inside
  • Edited by Fernando Lusa Bordin, University of Cambridge, Andreas Th. Müller, Francisco Pascual-Vives, Universidad de Alcalá, Madrid
  • Book:
    The European Union and Customary International Law
    Published online:
    27 October 2022
    Print publication:
    03 November 2022, pp 240-279

  • Summary

    This chapter discusses how the CJEU invokes and applies substantive customary international law rules within the EU legal system; to which extent they are relevant to this system: whether the interpretation of these rules by the CJEU conforms to the traditional rules of interpretation in international law; and whether the Court pursues a specific strategy in doing so (and whether there is coherence and/or certain patterns to its jurisprudence in this respect). The substantive customary international rules used by the CJEU and thus further assessed here are those governing ‘territory’, ‘territoriality’ and ‘extra-territoriality’; substantive customary rules of the VCLT (other than interpretation rules); and lastly, some of the most fundamental rules of international law (such as the prohibition of the use of force and the right to self-determination).

  • 2 - Digital Surveillance, Meta Data and Foreign Intelligence Cooperation

  • Edited by Joseph E. David, Yaël Ronen, Yuval Shany, Hebrew University of Jerusalem, J. H. H. Weiler, New York University
  • Book:
    Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
    Published online:
    13 August 2021
    Print publication:
    26 August 2021, pp 40-60

  • Summary

    When a few years ago the discussion of how to deal with the increasing digital interception of private communications started, the call for a new legal instrument quickly erupted. However, this is not a blind spot of international law. The Human Rights Committee has used cyber-related developments as an opportunity to unpack the right to privacy in the context of its state reporting procedure. The chapter describes and systemises the Committee’s interpretation of Article 17 with respect to digital surveillance, meta data retention and foreign intelligence cooperation. It demonstrates that the Covenant provides the necessary legal ground to confront new technological challenges without ignoring the exigencies of the altering security situation. The Committee, having identified various shortcomings in national legal frameworks, has specified the necessary safeguards to effectively protect the right to privacy against arbitrary interference. It has also clarified the territorial scope of protection, which is not limited to domestic measures but extends to transnational surveillance and digital intelligence-sharing. The chapter concludes by describing new issues which the Committee will need to consider in the future, and makes recommendations for the conceptualisation of the right to privacy in the digital age more generally.

  • The Signing of the Sino-Iranian Treaty of 1920

  • Li-Chiao Chen
  • Journal:
    Iranian Studies / Volume 52 / Issue 5-6 / November 2019
    Published online by Cambridge University Press:
    01 January 2022, pp. 991-1008
    Print publication:
    November 2019

  • This article looks at the efforts China and Iran made towards strengthening themselves and their search for independence and integrity after the First World War. Since the nineteenth century, the two countries had been in a similar situation, under pressure from treaties and rivalries with European powers. The change of the world order brought about by the 1914–18 war created an opportunity for China and Iran to claim back their rights, such as ending extra-territoriality. After the war, the Fourteen Points drawn up by the American president, Woodrow Wilson, gave hope for China and Iran to maintain their independence and integrity. During the Paris Peace Conference of 1919, China and Iran made both gains and losses. China was unable to solve the Shandong Problem but became one of the founding members of the League of Nations, while Iran did not get access to the Peace Conference but obtained Britain’s assurance of independence and integrity by signing the Anglo-Iranian Treaty of 1919, and then joined the League of Nations. China and Iran attempted to bring about cooperation between Asian countries, and therefore signed a treaty in 1920. The significance of the treaty was that the two countries agreed not to grant extra-territoriality to each other, which was what both countries were seeking to achieve at that time.