Surya P. Subedi

The UN Response to International Terrorism in the Aftermath of the Terrorist Attacks in America and the Problem of the Definition of Terrorism in International Law

The year 2001 was marked by the terrorist attacks in America and the ensuing war in Afghanistan to destroy the terrorist networks suspected of organising the attacks. The terrorist attacks in New York and Washington, D.C., on 11 September had a significant impact on the UN and especially the activities of the 56th session of the General Assembly. The security of the most powerful nation on the face of the earth had been breached and the city which hosted the UN had come under direct attack of the terrorists. Immediately after the attacks the Security Council of the UN came into swift action by adopting resolutions designed to curb international terrorism.

The role of the special rapporteurs of the United Nations Human Rights Council in the development and promotion of international human rights norms

The activities of the Special Rapporteurs are increasingly objected to by those states subject to country mandates. The role has developed a quasi-judicial aspect with Special Procedures mandate holders receiving information on allegations of human rights violations and requesting governments for clarification of the facts. The role also has an advisory capacity with Rapporteurs producing their findings and recommendations following country visits. The importance of the Special Rapporteur system appears evident, yet there is no consensus on good or best practice in the way that mandates should be carried out or the extent or limits of the responsibilities of governments to assist Special Rapporteurs. Moreover, there is limited systematic scholarly examination of the nature and impact of the role of the Special Rapporteur in international law.

The UN Human Rights Mandate in Cambodia: The Challenges of a Country in Transition and the Experience of the UN Special Rapporteur for the Country

Thanks to the commitment on the part of the national actors, the work of the civil society organisations, international support and the work of the UN special rapporteurs for the country, Cambodia has made encouraging progress in promoting and protecting human rights in the country, but still has a long way to go to meet the international benchmark in this regard. Thus, the UN human rights mandate in Cambodia is still very much relevant as there is still a job to do. Without a meaningful dialogue with the government it is difficult to make a difference to the lives of the people of Cambodia. As expected by the Human Rights Council, the approach of the current special rapporteur has been a constructive one in his dealings with the government. As an international lawyer, he has regarded that the central element of his work should be to ensure that the Cambodian Government is doing everything possible in order to enable the people of Cambodia to enjoy the rights embodied in the international human rights treaties ratified by the country.

The Notion of Free Trade and the First Ten Years of the World Trade Organization: How Level is the ‘Level Playing Field’?

This article is designed to provide a critical analysis of the successes and failures of the World Trade Organization (WTO) in certain key areas of international trade during its first decade. The WTO, which came into existence on 1 January 1995, celebrated its tenth anniversary in 2005, with the WTO officials claiming that the past ten years had been a success for the organization. Indeed, it has seen an expansion of its activities in recent years and has thus become one of the most important international organizations. Nearly 150 states, developed and developing, small and big, powerful and weaker, have now become members of this organization. Towards the end of 2005 a major WTO agreement, the TRIPS, was amended in favour of public health and full liberalization of trade in textile and clothing also became a reality in 2005.However, the WTO, established as it was primarily to further liberalize international trade, is supposed to create a level playing field in a number of other key areas, including agriculture, in order for it to enable nations to compete on an equal footing across the board. Has the WTO lived up to its expectations over the past ten years? Has the level playing field become truly level in all major areas over the past decade? After examining these questions in some detail, this article argues that the WTO has limited success in some of the core areas and the playing field has not become as level as it should have been by the time it entered its second decade. The Doha Development Round of multilateral trade negotiations, which began in 2001, has not made any substantial progress.The Sixth Ministerial Conference held in Hong Kong in December 2005, the closing month of the tenth anniversary of the WTO, failed to make a breakthrough. Although the failure in Hong Kong was not as disastrous as was in the third conference in Seattle in 1999 or in the fifth conference in Cancun in 2003, the deadlock witnessed in Hong Kong, especially with regard to the liberalization of trade in agriculture, has put the WTO itself at a crossroads. Since the Hong Kong meeting a series of deadlines for various stages of negotiations for moving the Doha Round negotiations forward have been missed. A formal meeting on 1 July 2006 of the Trade Negotiations Committee, which comprises the entire WTO membership, resulted in a failure. The WTO members could not agree on formulas for reducing tariffs and subsidies, various flexibilities, and other disciplines, especially on the liberalization of trade in agriculture. Achieving a truly level playing field should be about balancing the interests of various groups of states as well as the respective environments and interests of different traders and consumers living in different countries and the WTO has a long way to go to achieve this objective.

The UN Human Rights Special Rapporteurs and the Impact of their Work: Some Reflections of the UN Special Rapporteur for Cambodia

As one of only twelve UN country-specific mandate holders, and as the longest-serving UN Special Rapporteur for Human Rights in Cambodia, my work has had a significant impact on the situation of human rights in that country, with many of my recommendations having been implemented by the government. The Parliament of Cambodia has enacted three fundamental laws designed to enhance the independence and capacity of the judiciary, and has amended the Constitution of the country to make the National Election Commission a constitutional, independent, and autonomous body, in line with my recommendations. In this paper I examine the role of the UN country-specific mandate holders, the approach that I took to implement my mandate in Cambodia, and the impact of my work in that country.

Problems and Prospects for the Commission on the Limits of the Continental Shelf in Dealing with Submissions by Coastal States in Relation to the Ocean Territory Beyond 200 Nautical Miles

As the Commission on the Limits of the Continental Shelf established under the 1982 Convention on the Law of the Sea has begun its deliberations on an increasingly large number of submissions made by States seeking to establish the outer limits of their continental shelf, concerns have been expressed as to the nature and scope of the work of the Commission, as well as the challenges currently faced by this body set up under the Convention. It is in this context that the present article aims to address questions such as: how and to whom this body is accountable; how transparent its decision-making processes are; what powers it has; whether it is sufficiently well equipped to take such far-reaching decisions, and the implications its recommendations will have for coastal States, for the law of the sea, and for the wider issues concerning the international governance of the seas and oceans. In doing so, this article suggests some ways and means of addressing the challenges facing the Commission.

The Common Foreign and Security Policy of the European Union and Neutrality: Towards Co-Existence?

This article is based on a paper presented by the author at a seminar on ‘The Function of Law in the International Community’ organised by the Faculties of Law and Social Sciences of the University of Oxford in May 1994 at All Souls College, Oxford. The author is indebted to the participants in the seminar, and especially to its Convenor, Prof. Adam Roberts, Montague Burton Professor of International Relations at the University of Oxford, for their very useful comments.