YouSaid · the spoken record

Judge Yusuf

lines on the record
8
first
2018-11-09
most recent
2018-11-09
sittings or episodes
1
sources
un-security-council

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  1. “The requirements of international life and the increase in the collective activities of States, which the Court spoke of, reveal the inadequacy of unilateral or bilateral actions to address the challenges facing our increasingly interconnected world. They also dictate the need for multilateral cooperation in a diverse and complex range of areas of common concern to humankind. It is that common concern, recognized in many multilateral conventions, together with the shared values we all hold dear, that renders imperative the strengthening and consolidation of the multilateral system and the rules and institutions that underpin it.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source

  2. “Thirdly and finally, the Court contributed to the emergence of erga omnes obligations in international law, whereby it distinguishes between legal obligations owed to the international community as a whole and those owed to individual States. In doing so, the Court enabled all States parties to multilateral conventions to serve as guardians of compliance with those rules. To conclude, allow me to refer again to the advisory opinionconcerningreparationthatImentionedamoment ago, in which the Court observed that throughout its history, the development of international law has been influenced by the requirements of international life and that the progressive increase in the collective activities of States has already given rise to instances of action at the international level.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source

  3. “First, the Court has developed and clarified the law of treaties that makes multilateralism possible. It is the Court that established the object and purpose test to ascertain the permissibility and validity of reservations to multilateral treaties, allowing a broad participation in multilateral conventions without jeopardizing the normative integrity of the Court's provisions. Secondly, the Court clarified in the advisory opinion concerning reparation for injuries suffered in the service of the United Nations that multilateral organizations, such as the United Nations, enjoy an international legal personality that is separate from that of their member States. That decision of the Court has strengthened the institutional pillars of multilateral organizations, including the United Nations.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source

  4. “That is the case of the Convention on the Prevention and Punishment of the Crime of Genocide of 1951 and other human rights instruments, as well as the Vienna Conventions on Diplomatic Relations of 1961 and 1963. With regard to its effectiveness, the Court has to rely on multilateral institutions, such as the United Nations, to ensure compliance with its decisions. That may be done by the Security Council under Article 94 of the Charter of the United Nations. It has been done in the past by the Secretary-General, at his own initiative, in the Land and Maritime Boundary between Cameroon and Nigeria case (Cameroon v. Nigeria; Equatorial Guinea intervening). The decisions of the Court have made notable contributions to multilateralism. Allow me to refer to three of them very briefly.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source

  5. “On the other hand, the Court's decisions remove uncertainties from international conventions by interpreting and applying the provisions of those conventions. In addition, some multilateral conventions of a regional nature - such as the 1948 American Treaty on Pacific Settlement, among Latin American countries, and the 1957 European Convention for the Peaceful Settlement of Disputes, among States parties - give jurisdiction to our Court on disputes arising in those regions of the world. Other conventions, such as those that are characterized by the Court as instruments of a universal or quasi-universal character - such as the case concerning Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain) - give authority to the Court, through their compromissory clauses, to protect the shared values of the international community.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source

  6. “It is the only path forward in a world in which we have all become neighbours. For the International Court of Justice, multilateralism is a condition not only of its existence; it is also that of its proper functioning and effectiveness. Bilateral agreements can create arbitral tribunals, but they cannot create judicial institutions consisting of an independent and impartial judiciary that represents the principal legal systems of the world and decides cases on the basis of law. The Court therefore owes its very existence to multilateralism. To allow for the functioning of the Court, multilateral conventions provide a large share of the law applicable to disputes that are submitted to the Court.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source

  7. “Even for the scheduling of this meeting, we all automatically rely on time-zone rules that were established in a multilateral framework as early as 1884, during the International Meridian Conference. Regulating global issues through a web of bilateral agreements has been tried in the past. It has never worked. That spider web simply collapses on itself. It produces no silk. At best, it leads to a fragmented legal order composed of contradictory international obligations. The predictability, stability and certainty of the rule of law disappear. That is why the Council's initiative is timely today as we celebrate the end of the First World War 100 years ago, which gave new impetus to the development of multilateralism. Multilateralism is the result of human experience and civilization.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source

  8. “Judge Yusuf: Allow me at the outset to congratulate you, Mr. President, and the People's Republic of China on assuming the presidency of the Council for this month. I also thank you, Sir, for taking the initiative to convene this meeting and inviting me to participate in it. Some would say that my participation in this debate from The Hague is possible because of technology. That is perhaps true, but it is not the entire story. They are forgetting about multilateralism. Technology needs multilateral rules to be able to cross borders. The fibre-optic technology that carries digital data relies on submarine cables in various maritime jurisdictions. It is only through multilateral rules, such as those set forth in the United Nations Convention on the Law of the Sea, that we can make this Viable.”

    2018-11-09 · UN Security Council · Security Council, S/PV.8395 (2018) · source