Professor Georg Nolte

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Professor Georg Nolte Copyright: Photothek / Köhler Candidate of the Federal Republic of Germany for the International Law Commission Curriculum Vitae Since April 2008 Professor of International Law, Humboldt-Universität, Berlin Since January 2007 Member of the International Law Commission (Since 2012, Special Rapporteur on ”Subsequent agreements and subsequent practice in relation to the interpretation of treaties”) 2013-2014 Visiting Fellow, Princeton University 2010 Visiting Professor, South Ural State University, Chelyabinsk 2006-2007 Fellow, Wissenschaftskolleg zu Berlin - Institute for Advanced Study 2004-2008 Professor of International Law, Ludwig-Maximilians-Universität, Munich 2004 Dean, Faculty of Law, Göttingen University 2004 Visiting Professor, Panthéon-Assas University (Paris II) 2003-2004 Visiting Fellow, All Souls College, Oxford 2000-2007 Member of the European Commission for Democracy through Law (Venice Commission) 1999-2004 Professor of International Law, Göttingen University 1992-1999 Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg 1992 Visiting Fellow, School of Law, New York University 1991 Doctorate from Heidelberg University 1977-1982 Studied Law at Freie Universität, Berlin, and the University of Geneva 1959 Born in Bonn, Germany Selection of Current Roles and Memberships President of the German Society of International Law Associate Member of the Institut de Droit International Chair of the Berlin/Potsdam Research Group on the International Rule of Law, established by the German Research Foundation (Deutsche Forschungsgemeinschaft) Member of the International Advisory Panel for the American Law Institute’s project Restatement Fourth, Foreign Relations Law of the United States Member of the Governing Board of the German Foundation for Peace Research Member of the Research Advisory Board of the German Institute for International and Security Affairs (SWP) Member of the Advisory Council on Public International Law of the German Federal Foreign Office .

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International Organizations in the Recent Work of the International Law Commission
Chapter 14 2018 aiib Law Lecture: International Organizations in the Recent Work of the International Law Commission Georg Nolte* Abstract The United Nations International Law Commission occasionally deals with the law relating to international organizations. A well-known example is its work in prepara- tion of the Vienna Convention on the Law of Treaties between States and Interna- tional Organizations or between International Organizations of 1986. It is less well- known, but perhaps more important for the practice of international organizations, that the Commission has in recent years also addressed other relevant issues in this field. Those include the responsibility of international organizations (2011), the role which the practice of international organizations may play in the interpretation of their constituent instruments (2018) and in the formation of customary international law (2018), as well as considerations on whether the topic ‘Settlement of disputes to which international organizations are parties’ (2016) should be put on its agenda. This chapter reflects the 2018 aiib Law Lecture, summarizing the work of the Commission on these aspects of the law of international organizations and engages in some general reflections. 1 The Work of the ilc on International Organizations during the Twentieth Century The International Law Commission (ilc) has the mandate, under its Statute of 1947, to promote ‘the progressive development and the codification of inter- national law’.1 This mandate is rather broad, and the Commission is aware that * Georg Nolte, professor of Law, Humboldt-University Berlin, member of the International Law Commission, [email protected]. I thank Ms. Janina Barkholdt and Mr.
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International Law Commission – Statements by Professor Georg Nolte
Humboldt-Universität zu Berlin Last Updated: February 2016 International Law Commission – Statements by Professor Georg Nolte Table of Contents 67th Session (2015) ....................................................................................................................... 6 3277th Meeting, 23 July 2015 (Provisional Application of Treaties) .................................................... 6 3274th Meeting, 22 July 2015 (Visit by the President of the International Court of Justice) .............. 8 3273rd Meeting, 21 July 2015 (Immunity of State Officials from Foreign Criminal Jurisdiction) ........ 9 3262nd Meeting, 4 June 2015 (Subsequent Agreements and Subsequent Practice) ........................ 13 3260th Meeting, 2 June 2015 (Protection of the Atmosphere) ......................................................... 22 3259th Meeting, 29 May 2015 (Subsequent Agreements and Subsequent Practice) ....................... 23 3256th Meeting, 26 May 2015 (Crimes against Humanity) ............................................................... 26 3253rd Meeting, 20 May 2015 (Identification of Customary International Law) .............................. 29 3252nd Meeting, 19 May (Identification of Customary International Law) ....................................... 31 3249th Meeting, 12 May 2015 (Protection of the Atmosphere) ....................................................... 32 3246th Meeting, 6 May 2015 (Protection of the Atmosphere) ......................................................... 33 3245th Meeting, 5 May 2015 (Statement
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Report of the International Law Commission
Chapter XIII OTHER DECISIONS AND CONCLUSIONS OF THE COMMISSION A. Programme, procedures and working methods (c) provisional application of treaties; of the Commission and its documentation (d) the fair and equitable treatment standard in inter- 363. At its 3089th meeting, on 17 May 2011, the Com- national investment law; mission established a Planning Group for the current session.703 (e) protection of the environment in relation to armed conflicts. 364. The Planning Group held two meetings. It had before it section J of the topical summary of the discussion held in 366. During the quinquennium, the Working Group on the Sixth Committee of the General Assembly during its the long-term programme of work considered a number sixty-fifth session, prepared by the Secretariat and entitled of topics and requested members of the Working Group to “Other decisions and conclusions of the Commission” (A/ prepare drafts on these topics. The Group was guided by CN.4/638); the proposed strategic framework for the period the recommendation of the Commission at its fiftieth ses- 2012–2013,704 covering “Programme 6: Legal Affairs”; sion (1998) regarding the criteria for the selection of topics: General Assembly resolution 65/26 of 6 December 2010 on the report of the International Law Commission on the (a) the topic should reflect the needs of States in work of its sixty-second session, in particular paragraphs 7, respect of the progressive development and codification 8 and 13 to 21; General Assembly resolution 65/32 of 6 De- of international law; cember 2010 on the rule of law at the national and inter- national levels; and chapter XIII, section A.2, of the report (b) the topic should be sufficiently advanced in stage of the Commission on the work of its sixty-second session in terms of State practice to permit progressive develop- concerning the consideration of General Assembly reso- ment and codification; lution 64/116 of 16 December 2009 on the rule of law at the national and international levels.
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Equivocal Helpers—Complicit States, Mixed Messages and International Law
EQUIVOCAL HELPERS—COMPLICIT STATES, MIXED MESSAGES AND INTERNATIONAL LAW GEORG NOLTE*&HELMUT PHILIPP AUST** Abstract Issues of State complicity arise ever more frequently in inter- national relations. Rules which deal with the responsibility of States for aiding or assisting in the commission of internationally wrongful acts by other States are, however, not yet fully developed. States frequently support each other’s actions without necessarily considering the potential implica- tions of the rules on complicity in international law. This leads to another problem: is support given to another State automatically to be seen as rele- vant practice for the development of new customary rules or the interpret- ation of treaties through subsequent practice? Or is it possible for complicit States to play two different roles: to assist in some conduct while not en- dorsing the legal claim associated with it? This contribution aims to untangle the various facets of complicit State behaviour. It will argue that in some cases, States can indeed play two different roles. States should, however, be careful in considering the long-term implications of such behaviour. I. INTRODUCTION In the shadow of momentous events, the question of responsibility of com- plicit States has arisen more and more frequently in recent years. The best- known cases concern the implication of third party States in the US-led attack against Iraq in 2003, the roles of European States in the US policy of ‘extra- ordinary rendition’, and Serbia’s involvement in the Srebrenica genocide. The rules on complicity in international law are not sufﬁciently developed to allow for clear-cut determinations in all those cases.1 It is clear, however, that some of these cases have created political dilemmas.
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General Assembly Distr.: General 23 June 2006 English Original: Chinese/English/French/ Russian/Spanish
United Nations A/61/111 General Assembly Distr.: General 23 June 2006 English Original: Chinese/English/French/ Russian/Spanish Sixty-first session Item 102 (c) of the preliminary list* Elections to fill vacancies in subsidiary organs and other elections: election of the members of the International Law Commission Election of the members of the International Law Commission Note by the Secretary-General Contents Page I. Introduction ................................................................... 3 II. Curricula vitae of candidates ..................................................... 4 Ian Brownlie (United Kingdom of Great Britain and Northern Ireland) .................. 4 Arturo B. Buena (Philippines) .................................................... 9 Lucius Caflisch (Switzerland) .................................................... 11 Enrique J. A. Candioti (Argentina) ................................................ 22 Pedro Comissário Afonso (Mozambique) ........................................... 26 Riad Daoudi (Syrian Arab Republic) .............................................. 30 Christopher John Robert Dugard (South Africa) ..................................... 34 Constantine P. Economides (Greece) .............................................. 39 Abdelrazeg El-Murtadi Suleiman (Libyan Arab Jamahiriya) ........................... 45 Paula Ventura De Carvalho Escarameia (Portugal) ................................... 47 Salifou Fomba (Mali) ........................................................... 53 Giorgio Gaja (Italy)
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Report of the International Law Commission
A/65/10 United Nations Report of the International Law Commission Sixty-second session (3 May-4 June and 5 July-6 August 2010) General Assembly Official Records Sixty-fifth session Supplement No. 10 (A/65/10) E. International Law Seminar 413. Pursuant to General Assembly resolution 64/114, the forty-sixth session of the International Law Seminar was held at the Palais des Nations from 5 to 23 July 2010, during the present session of the Commission. The Seminar is intended for advanced students specializing in international law and for young academics or government officials pursuing an academic or diplomatic career or in posts in the civil service in their country. 414. Twenty-six participants of different nationalities, from all the regions of the world, took part in the session.• The participants observed plenary meetings of the Commission, attended specially arranged lectures, and participated in working groups on specific topics. 415. The Seminar was opened by Mr. John Dugard, First Vice-Chairman of the Commission. Mr. Markus Schmidt, Senior Legal Adviser of the United Nations Office at Geneva (UNOG), was responsible for the administration, organization and conduct of the Seminar, assisted by Mr. Vittorio Mainetti, Legal Consultant at UNOG, and Mr. Sébastien Rosselet of the Legal Liaison Office. 416. The following lectures were given by members of the Commission: Mr. Stephen C. Vasciannie: “The International Law Commission: Patterns of Influence”; Mr. Zdzislaw Galicki: “Aut Dedere Aut Judicare Against International Terrorism”; Mr. Georg Nolte: “Treaties over Time”; Mr. Edmundo Vargas Carreño: “Responsibility of States for Internationally Wrongful Acts”; Mr. Giorgio Gaja: “Responsibility of International Organizations”; Mr.
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Judge Georg NOLTE (Member of the Court Since 6 February 2021) Born in Bonn, Germany, on 3 October 1959
Judge Georg NOLTE (Member of the Court since 6 February 2021) Born in Bonn, Germany, on 3 October 1959. Education University studies in law, international relations and philosophy at the Free University of Berlin and the University of Geneva (1977-1983); First State Examination in Law, Berlin (1982); Second State Examination in Law, Stuttgart (1986); Doctorate (Dr. iur. utr.) from the University of Heidelberg (1991). Employment Professor of Public Law and International Law, Humboldt University of Berlin (2008-2021); Professor of Public Law and International Law, Ludwig Maximilian University of Munich (2004-2008); Dean (2004) and Professor (1999-2004) of Public Law and International Law, University of Göttingen; Fellow, Max Planck Institute for Comparative Public Law and International Law, Heidelberg (1987-1999); Legal practice as Rechtsreferendar, Oberlandesgericht Karlsruhe (1984-1986); Assistant Lecturer, Free University of Berlin (1983-1984). Official bodies Member of the International Law Commission (ILC) (2007-2021) - Chairperson of the ILC during its 69th session (2017), Special Rapporteur on “Subsequent Agreements and Subsequent Practice in Relation to the Interpretation of Treaties” (ILC) (2012-2018), Chairperson of the Study Group on “Treaties over Time” (ILC) (2009-2012); Member of the European Commission for Democracy through Law (“Venice Commission”) of the Council of Europe (2000-2007); Member of the Advisory Council on Public International Law of the German Federal Foreign Office (2006-2021); Member of the Bundestag Commission on the Review and Safeguarding of Parliamentary Rights regarding Mandates for Bundeswehr (Federal Armed Forces) Missions Abroad (2014-2015); Member of the Advisory Council on Peace and Security Policy, Policy Planning Unit, German Federal Foreign Office (2005-2015).
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KFG Working Paper Series • No. 7 • March 2017 Georg Nolte The
KFG Working Paper Series • No. 7 • March 2017 Georg Nolte The International Law Commission and Community Interests 2 | KFG Working Paper No. 7 | March 2017 KFG Working Paper Series Edited by Heike Krieger, Georg Nolte and Andreas Zimmermann All KFG Working Papers are available on the KFG website at www.kfg-intlaw.de. Copyright remains with the author. Nolte, Georg, The International Law Commission and Community Interests, KFG Working Paper Series, No. 7, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”, Berlin, March 2017. ISSN 2509-3770 (Internet) ISSN 2509-3762 (Print) This publication has been funded by the German Research Foundation (DFG) Product of Humboldt-Universität zu Berlin Commercial use is not permitted Berlin Potsdam Research Group International Law – Rise or Decline? Unter den Linden 9 10099 Berlin, Germany [email protected] +49 (0)30 2093-3322 www.kfg-intlaw.de The International Rule of Law – Rise or Decline? | 3 The International Law Commission and Community Interests* Georg Nolte1 Abstract: The paper looks at community interests in international law from the perspective of the International Law Commission. As the topics of the Commission are diverse, the outcome of its work is often seen as providing a sense of direction regarding general aspects of international law. After defining what he understands by “community interests”, the author looks at both secondary and primary rules of international law, as they have been articulated by the Commission, as well as their relevance for the recognition and implementation of community interests. The picture which emerges only partly fits the widespread narrative of “from self-interest to community interest”.
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The European Court of Human Rights and the Sources of International Law
Seminar “The Contribution of the ECtHR to the Development of Public International Law” organized by the Ministry of Foreign Affairs of the Czech Republic in connection with the 59th Meeting of CAHDI, Prague, 23 September 2020, The European Court of Human Rights and the Sources of International Law Georg Nolte* Dear Colleagues, Ladies and Gentlemen, I thank Mr Petr Válek for his invitation and his kind introduction. It is a pleasure to be back in beautiful Prague – but I am sorry that so many colleagues could not make it under the present difficult circumstances of COVID-19. I fondly remember my last visit to Prague in December 2018 at the invitation of Professor Pavel Šturma, my fellow Member and current Chair of the International Law Commission. I. Introduction The sources of international law concern age-old questions which have remained ever young. The modern debate about the sources of international law has started exactly one hundred years ago. In the summer of 1920, an Advisory Committee of Jurists successfully prepared a Draft Statute for the Permanent Court of International Justice.1 One of the most controversial questions was which law the Court was authorised to apply. As is well-known, the Committee settled on three sources: treaties, customary international law, and general principles of law.2 These sources were codified in Article 38 of the Statute of the Court. The debate in 1920 on the applicable law was controversial because the members of the Advisory Committee disagreed about the role and the powers of the envisaged
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Intolerant Democracies Gregory H
Wayne State University Law Faculty Research Publications Law School 1-1-1995 Intolerant Democracies Gregory H. Fox New York University, [email protected] Georg Nolte Max Planck Institute for Comparative Public Law and International Law Recommended Citation Gregory Fox & Georg Nolte, Intolerant Democracies, 36 Harv. Int'l. L. J. 1 (1995). Available at: https://digitalcommons.wayne.edu/lawfrp/210 This Article is brought to you for free and open access by the Law School at DigitalCommons@WayneState. It has been accepted for inclusion in Law Faculty Research Publications by an authorized administrator of DigitalCommons@WayneState. VOLUME 36, NUMBER 1, WnNTER 1995 Intolerant Democracies Gregory H. Fox* Georg Nolte** If there be any among us who wish to dissolve this union, or to change its republican form, let them stand undisturbed, as monu- ments of the safety with which error of opinion may be tolerated where reason is left free to combat it. Thomas Jefferson1 This will always remain one of the best jokes of democracy, that it gave its deadly enemies the means by which it was destroyed. 2 Joseph Goebbels ABSTRACT International law is increasingly concerned with national transitions to democratic government. The holding of free and fair elections alone, however, provides no guarantee that a democratic system will become firmly established and capable of resisting challenges by anti-demo- cratic actors. The question thus arises of how intolerant a democracy may become toward such actors in order to preserve itself without relinquishing the claim of being democratic. This problem has arisen on a number of occasions, perhaps the most dramatically upon the cancellation of the second round of the Algerian elections in early 1992.
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Intervention by Invitation Georg Nolte Table of Contents A. Concept And
Max Planck Encyclopedia of Public International Law www.mpepil.com Intervention by Invitation Georg Nolte Table of Contents A. Concept and Definition B. State Practice 1. United States and Soviet Union (During the Cold War) 2. France 3. African States 4. Russian Federation 5. Other Cases 6. General Observations on State Practice C. Applicable Legal Principles and Rules 1. Consent 2. Situation of the Inviting Government 3. Principle of Non-Intervention 4. Principle of Self-Determination D. Specific Issues 1. Form 2. Treaty-Based Invitations 3. International or Non-International Character of the Conflict 4. Effect on Occupation E. Conclusion Select Bibliography Select Documents A. Concept and Definition 1 The expression ‘intervention by invitation’ is mostly used as a shorthand for military intervention by foreign troops in an internal armed conflict at the invitation of the government of the State concerned. Such interventions may involve actual fighting by the foreign troops but their operations may also be limited to power projection or to other forms of active military support (eg guarding of important places). In a wider sense, intervention by invitation could conceivably also cover non-military interventions as well as military interventions by the invitation of other actors than the government, but such use is less relevant. B. State Practice 2 → State practice from the → Holy Alliance (1815) to the → Spanish Civil War (1936–39) is inconclusive as to whether → governments had the right to invite foreign troops to help dealing with internal unrest. Thus, until the coming into force of the United Nations Charter no clear pertinent rule of → customary international law existed, despite a tendency in favour.
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UN at 75: Effective Multilateralism and International Law Chair's Summary
UN at 75: Effective Multilateralism and International Law Online Conference, 9 October 2020 Chair’s summary Introduction On the occasion of the 75th anniversary of the United Nations, the Office of Legal Affairs of the United Nations and the German Federal Foreign Office jointly hosted a high-level conference on “Effective Multilateralism and International Law” featuring three panel discussions on the evolution of international law since the establishment of the United Nations, the achievements of the UN in advancing international law and its future in supporting multilateralism. In his opening remarks, the German Federal Minister for Foreign Affairs, Heiko Maas, highlighted the importance of the UN Charter as an invaluable achievement for a more just and peaceful world while expressing his concern that the Charter’s principles and the idea of international law itself were challenged today in various ways. He further emphasized the importance of cooperation to tackle global challenges like the current pandemic and referred to the Alliance for Multilateralism, a format in which 70 countries work together to defend and strengthen the international order. Director-General for Legal Affairs at the German Federal Foreign Office, Mr. Christophe Eick, welcomed the panelists, chairs and participants. He underlined that the conference provided a unique opportunity to discuss the evolution of international law during the last decades by taking stock of the contributions made by UN bodies, international courts and tribunals as well as academia. Mr. Eick stressed that international law was a crucial basis for all countries to be able to participate in international relations on an equal footing, acted as guardrails with regard to a just foreign policy and created peace.
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