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 2006 Edition ………………………………………………………………………………………… iii 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 ……………………………………………………… 13 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

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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 [email protected] .

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 2018

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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.

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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.

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The following prefatory notes were included in the 2006 Edition.

100 Ways: The Process and the Future

At the Spring 2004 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.

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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 1907 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.

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IN DAILY LIFE

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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).

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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 1721 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).

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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).

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AT LEISURE AND IN THE WORLD

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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.

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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).

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AWAY FROM HOME

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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).

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LIBERTY AND FUNDAMENTAL RIGHTS

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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).

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PUBLIC HEALTH AND THE ENVIRONMENT

PU B

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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).

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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 Conv

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