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 Anne Peters

Peters
CAMBRIDGE general editors
Larissa van den Herik University of Leiden
STUDIES IN
INTERNATIONAL
AND
Jean D’Aspremont University of Manchester
A paradigmatic change is occurring in the course of which
CAMBRIDGE
STUDIES IN Beyond
INTERNATIONAL
Human Rights
human beings are becoming the primary international legal
COMPARATIVE persons. In numerous areas of public international law,
AND
LAW substantive rights and obligations of individuals arguably flow
directly from international law. The novel legal status of humans COMPARATIVE
in international law is now captured with a concept borrowed LAW The Legal Status of the Individual
from constitutional doctrine: international rights of the person,
in International Law

Beyond Human Rights

as opposed to international law protecting persons. Combining
doctrinal analysis with current practice, this book is the most
comprehensive contemporary analysis of the legal status of
the individual. Beyond Human Rights not only deals with the
individual and international claims, international humanitarian
law, international criminal law and international human rights
law, but it also covers fields such as consular law, environmental
law, protection of individuals against acts of violence and natural
disasters, refugee law and labour law.

An n e Peter s is Director at the Max Planck Institute for

Comparative Public Law and International Law Heidelberg
(Germany), and a professor at the Universities of Heidelberg,
Freie Universität Berlin, and Basel (Switzerland). She has been a
member of the European Commission for Democracy through
Law (Venice Commission) in respect of Germany (2011-2015) and
served as the President of the European Society of International
Law (2010-2012). Her current research interests relate to public
international law including its history, global animal law, global
governance and global constitutionalism, and the status of
humans in international law.

Cover image:

Series cover design by Zoe Naylor.

 BEYOND HUMAN RIGHTS

A paradigm change is occurring in the course of which human beings are

becoming the primary international legal persons. In numerous areas of
public international law, substantive rights and obligations of individuals
arguably flow directly from international law. The novel legal status of
humans in international law is now captured with a concept borrowed
from constitutional doctrine: international rights of the person, as
opposed to international law protecting persons. Combining doctrinal
analysis with current practice, this book is the most comprehensive
contemporary analysis of the legal status of the individual. Beyond
Human Rights, previously published in German and now revised by the
author in this English edition, not only deals with the individual in
international humanitarian law, international criminal law, and
international investment law, but it also covers fields such as consular
law, environmental law, protection of individuals against acts of violence
and natural disasters, refugee law, and labour law.

anne peters is Director at the Max Planck Institute for Comparative

Public Law and International Law Heidelberg (Germany), and a professor
at the Universities of Heidelberg, Freie Universität Berlin, and Basel
(Switzerland). She has been a member of the European Commission for
Democracy through Law (Venice Commission) in respect of Germany
(2011–2015) and served as the President of the European Society of
International Law (2010–2012). Her current research interests relate to
public international law, including its history, global animal law, global
governance and global constitutionalism, and the status of humans in
international law.
 cambridge studies in international and
comparative law
Established in 1946, this series produces high-quality, reflective, and
innovative scholarship in the field of public international law.
It publishes works on international law that are of a theoretical, historical,
cross-disciplinary, or doctrinal nature. The series also welcomes books
providing insights into private international law, comparative law, and
transnational studies which inform international legal thought and prac-
tice more generally.
The series seeks to publish views from diverse legal traditions and
perspectives, as well as of any geographical origin. In this respect, it invites
studies offering regional perspectives on core problématiques of interna-
tional law, and in the same vein, it appreciates contrasts and debates
between diverging approaches. Accordingly, books offering new or less
orthodox perspectives are very much welcome. Works of a generalist
character are greatly valued, and the series is also open to studies on
specific areas, institutions, or problems. Translations of the most out-
standing works published in other languages are also considered.
After 70 years, Cambridge Studies in International and Comparative
Law remains the standard-setter for international legal scholarship and
will continue to define the discipline as it evolves in the years to come.
General Editors
Larissa van den Herik
Professor of Public International Law, Law School, Leiden University
Jean D’Aspremont
Professor of Public International Law, Manchester International Law
Centre, University of Manchester

A list of books in the series can be found at the end of this volume.
BEYOND HUMAN RIGHTS
The Legal Status of the Individual
in International Law

ANNE PETERS
Max Planck Institute for Comparative Public Law and
International Law Heidelberg, Germany

TRANSLATED BY JONATHAN HUSTON

Revised and updated by the author
 University Printing House, Cambridge CB2 8BS, United Kingdom

Cambridge University Press is part of the University of Cambridge.

It furthers the University’s mission by disseminating knowledge in the pursuit of
education, learning, and research at the highest international levels of excellence.

www.cambridge.org
Information on this title: www.cambridge.org/9781107164307
© Anne Peters 2016
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.
Previously published in German by Mohr Siebeck, 2014.
First published in English 2016
A catalogue record for this publication is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Peters, Anne, 1964– author.
Beyond human rights : the legal status of the individual in
international law / Anne Peters.
Cambridge [UK] ; New York : Cambridge University Press, 2016. |
Series: Cambridge studies in international and comparative law ; 126
LCCN 2016028961 | ISBN 9781107164307 (hardback)
LCSH: Human rights. | Civil rights. | BISAC: LAW / International.
LCC K3240 .P48 2016 | DDC 341.4/8–dc23
LC record available at https://lccn.loc.gov/2016028961
ISBN 978-1-107-16430-7 Hardback
Cambridge University Press has no responsibility for the persistence or accuracy of
URLs for external or third-party Internet Web sites referred to in this publication
and does not guarantee that any content on such Web sites is, or will remain,
accurate or appropriate.
 CONTENTS

Preface to the German Edition of 2014 page xi

Preface to the English Edition xiii
List of Abbreviations xv
Table of Cases xx

1 Definition of the Question 1

1.1 Individualization of International Law? 1
1.2 Backlash in the Age of BRICSs? 3
1.3 The Legal Acquis Individuel: Structure of the Book 7
1.4 Scope of Investigation: “The Individual” 9

2 Historical Theory and Practice of the International Legal

Status of the Individual 11
2.1 History of Ideas 11
2.2 Historical Legal Practice 25
2.3 Conclusion 33

3 The Doctrine of the International Legal Personality of the

Human Being 35
3.1 Basic Terminology: International Legal Subject and International
Legal Person 35
3.2 Traditional Classification of International Legal Subjects: The State
and Everyone Else 42
3.3 Decoupling Substantive and Procedural Individual Rights under
International Law 44
3.4 Legal Capacity and the Power to Create Law 50
3.5 Individualism, Monism, and Dualism 54
3.6 Conclusion 58

4 International Individual Obligations 60

4.1 Definition of the Problem 60
4.2 Basic Categories 62

v
vi c o n t en t s
4.3 Partially Corresponding Individual Claims 66
4.4 The Normal Case of Merely Indirect Imposition of Obligations
upon Individuals through State Duties
of Protection 67
4.5 Direct International Individual Obligations as an Exceptional
Case 71
4.6 The Need to Close Regulatory Gaps as a Reason for and Limit to
Direct International Individual Obligations 76
4.7 Further Limitation of Individual Rights by the Transnationalized
Principle of Legality 79
4.8 Legal Bases of Specific Individual Obligations 85
4.9 Individual Obligation to Observe International Human
Rights? 99
4.10 No “Fundamental Duties” of Individuals under International
Law 110
4.11 Conclusion 113

5 The International Responsibility of the Individual 115

5.1 Foundations 115
5.2 The International Criminal Responsibility of Individuals 117
5.3 The International Non-criminal Responsibility of the
Individual 152
5.4 Conclusion 164

6 Individual Rights Arising from International

Responsibility 167
6.1 Definition of the Problem 167
6.2 Law of International (State) Responsibility 170
6.3 Human Rights and International Humanitarian Law: Remedy and
Reparation 175
6.4 Rationale and Necessity of Individual Rights Arising from
International Responsibility 189
6.5 Conclusion 192

7 Individual Rights and Duties in the Law of Armed

Conflict 194
7.1 Individual Rights at the Primary Level 194
7.2 Secondary Rights of Individuals de lege lata 202
7.3 Secondary Claims of Individuals de lege ferenda 210
7.4 Ownership of Claims and Waiver 213
 c o n te n t s vii
7.5 Individual Enforcement of Secondary Claims in the Law of Armed
Conflict 216
7.6 Individual Obligations in the Law of Armed Conflict 220
7.7 Conclusions 231

8 Protection against Acts of Violence and Forces of

Nature 233
8.1 Definition of the Problem 233
8.2 Obligations Arising from the Responsibility to Protect
(R2P) 236
8.3 Obligations to Protect in the Event of Natural Disasters 240
8.4 Appraisal 246
8.5 Conclusion 253

9 The International Legal Status of Victims of Crime 255

9.1 The Duty to Prosecute and Punish 255
9.2 The Legal Status of Victims in International Criminal
Proceedings 269
9.3 No Privatization of the Right of Punishment 276

10 Rights and Duties in Investment Protection Law 282

10.1 Definition of the Problem 282
10.2 The Procedural Right of Investors under International Law: Power
to Institute Arbitration Proceedings 285
10.3 Substantive Rights of Investors Arising from Contracts (Contract
Claims) 293
10.4 Rights Arising from Inter-State Investment Protection Treaties:
The “Direct”/“Derivative” Rights Debate 301
10.5 Investor Rights Are Not Human Rights 318
10.6 Practical Consequences of Individual Rights (“Direct Rights”)
Arising from Treaties 321
10.7 Secondary Claims of the Investor under International Law 331
10.8 Obligations of Investors under International Law 339
10.9 Conclusion 346

11 Individual Rights in Consular Law 348

11.1 The Right to Consular Contact 349
11.2 Rights of Detained Foreigners 350
11.3 The Quality of Individual Rights Arising from Article 36 of
VCCR 356
11.4 Enforcement of the Individual Right 365
viii co ntents
11.5 Legal Consequences of the VCCR Violation, Especially in Criminal
Proceedings 368
11.6 Conclusion 385

12 Individual Rights in Diplomatic Protection 388

12.1 Foundations and Definition of the Question 388
12.2 Rights against the Injuring State: The End of the Vattelian
Fiction 389
12.3 International Right to Diplomatic Protection vis-à-vis the Home
State? 396
12.4 Conclusion 405

13 The Legal Basis for the International Legal Personality of

the Individual and the Question of its Independence from
the State 408
13.1 States as Overlords? 408
13.2 International Legal Personality Independent of the State? 412
13.3 Treaty Basis 413
13.4 Customary International Law 419
13.5 General Principle of Law 421
13.6 Natural Law 428
13.7 Human Right 430
13.8 Conclusion 431

14 Human Rights and Other Rights 436

14.1 Two Groups of International Individual Rights 436
14.2 Possibility of a Distinction 438
14.3 Desirability of the Distinction: Against the Trivialization of Human
Rights 443
14.4 Consequences of the Distinction 447
14.5 Superposition of Human Rights and New Orientation of a Regime:
The Example of Refugee Law 450
14.6 Divergences and Tensions between Simple Rights and Human
Rights: The Example of International Labour Law 457
14.7 A Practical Conception of Human Rights 469

15 The Individualized Enforcement of International

Law 472
15.1 Individuals as Guardians of the International Legal Order 472
15.2 Addressees of International Individual Rights 474
 c o n te n t s ix
15.3 The Enforcement of International Individual Rights 479
15.4 International Individual Rights as the Foundation of the Emerging
International Guarantee of Access to Justice 492

16 Direct Effect of Norms Establishing Individual Rights and

Duties 495
16.1 Definition of the Problem 495
16.2 Terms and Distinctions 496
16.3 Direct Effect and the Substantive International Legal Status of the
Individual 501
16.4 Traditional Criteria of Direct Effect 504
16.5 The Direct Effect of Secondary Law 507
16.6 Rejection of Direct Effect as a Mechanism of Legitimacy 514
16.7 Direct Effect as the Normal Case 519
16.8 Conclusion 523

17 The International Individual Right 526

17.1 Rights as a Paradigm of Modernity 527
17.2 The Postmodern Critique of Rights 530
17.3 The Lack of Global Citizenship 544
17.4 The Global Bourgeois 551

Bibliography 556
Index 591
 PREFACE TO THE GERMAN EDITION OF 2014

The topic of this book has concerned me for more than ten years.
In December 2000, I held my trial lecture in Basel on the LaGrand case,
which had not yet been decided by the International Court of Justice.
I delivered my inaugural lecture – entitled “The Rise of the Individual in
International Law” – in November 2002, which was attended by friends,
colleagues, and supporters (not least of all Jost Delbrück and his wife
Gesa). I have learned quite a bit more since then. But this is not the only
reason I am happy that I never published that inaugural lecture. Far more
important is that over the course of the past decade, the international
legal position of the individual has become dramatically stronger.
Intensive judicial and codification activity has set out and determined
more and more individual rights and duties. This phenomenon has not
only quantitative but also qualitative significance. A paradigm shift,
which has been called the humanization of international law, has taken
place. The basic thesis of this book – namely that the individual is an
original (and not only a derivative) subject of international law and the
owner of international individual rights – aims to give this topos of
humanization a doctrinal and empirical legal foundation.
Chapters 1–3 and 17 began with the study “Das subjektive interna-
tionale Recht”, which was published in Jahrbuch des öffentlichen Rechts
der Gegenwart (59 (2011), 411–456); however, I have substantially
further developed and modified my findings. I would like to thank the
publisher for the kind permission to reuse these parts. Shorter remarks
on the international legal position of the individual as the most impor-
tant member of the international constitutional community can be
found in my Chapter 5 of The Constitutionalization of International
Law (Oxford: Oxford University Press 2009 (rev. ed. 2011), 157–179),
the book being co-authored with Jan Klabbers and Geir Ulfstein.
Sections from a preliminary version of Chapter 11 have been included
in an article I wrote together with my Basel colleague, Sabine Gless

xi
xii preface t o t he german edition of 2014

(Verwertungsverbot bei Verletzung der Pflicht zur Belehrung nach Art.

36 WÜK? Der Strafverteidiger 31 (2011), 369–377).
Generations of research assistants, first and foremost Liliane Probst,
retrieved the literature and documents for this study. For special research
and constructive criticism of my drafts, I would like to thank Thore
Neumann and Simone Peter. Ralf Alleweldt, Sigrid Boysen, Tillmann
Rudolf Braun, Oliver Dörr, Sabine Gless, Tatjana Hörnle, Markus
Krajewski, Christoph Schreuer, and Antje von Ungern-Sternberg criti-
cally reviewed parts of the manuscript and provided valuable feedback.
Birgit Bürgy, Henriette Beisel-Welti, and Margit Dagli helped proofread.
Jannika Jahn compiled the Index and Table of Cases. The intellectual and
elegant surroundings of the Berlin Institute for Advanced Study offered
the perfect home for finalizing the book. Only thanks to the freedom it
offered from all everyday concerns, teaching, and university administra-
tion – and not least of all with the help of the phenomenal library service –
was I at last able to complete this manuscript. Finally, I would like to
thank the publishers of Jus Internationale et Europaeum, Thilo Marauhn
and Christian Walter, for including me in their publication series.
The help I received from my assistant Claudia Jeker is so wide-ranging
and important that a simple thank you does not suffice.
I dedicate this book to Heiner, Charlotte, and Johannes.
 PREFACE TO THE ENGLISH EDITION

Since the finalization of the German edition in 2013, the international

political and legal system has been changing. The trend of “humaniza-
tion” of international law (Chapter 1) may have slowed down or stopped,
while State sovereignty may have become more important again. This
may have to do with the recognition that strong and well-functioning
States are needed to protect human rights, that the basic “Westphalian”
principles such as territorial integrity and the prohibition on the use of
force have been violated and thus need to be re-emphasized, and that
non-Western States and cultures which have their own views on the
meaning of human rights are in economic and political terms on the rise.
For the English edition, I tried to accommodate these changes and
challenges, notably in Chapters 1 and 17. At other places, I clarified some
passages and inserted new literature and case law. In particular,
I thoroughly revised Chapter 8 on the responsibility to protect, and on
protection of persons in the event of disaster in order to accommodate
the final articles of the ILC on the latter topic, and a certain sobering
about R2P. I also quite intensely revised Chapter 10 on rights and duties
of investors so as to reflect the rising concern about the imbalance of the
regime. In Chapter 14 on human rights and other rights, I was able to
refine my thoughts on refugee rights and on labour rights. I added
a section on the postmodern critique of rights in Chapter 17. These
revisions not only seek to incorporate the current evolution of the
relevant law, but are also owed to reviewers’ comments on my English
draft manuscript, to important comments by Giulio Bartolini and
Tommaso Natoli on Chapter 8, and to lucid observations by Evelyne
Lagrange, Julie Maupin, Dalia Palombo, and the participants of my Max
Planck research seminar on Chapter 10. I have further benefited from
comments by Alessandro Bufalini on reparations in Chapter 6, by John
Quigley on consular protection in Chapter 11, by Franz Ebert on labour
rights in Chapter 14, and by James Hathaway on refugee rights in the
same Chapter.
xiii
xiv p r e f a c e to th e e n g l i s h e d i t i o n

Thanks to generous funding of the Max Planck Society I was able to

recruit a brilliant translator, Dr Jonathan Huston. It proved to be
a challenge to find the adequate expressions for doctrinal constructs
originating from German legal doctrine and theory. Most of them have
to some extent been used in international law, but often mainly by
international lawyers with a German basic legal education. Of course,
this made me reconsider the usefulness of such concepts for international
law. And although the German origins of my legal training will probably
remain visible to readers, I am confident that − in a joint enterprise with
the translator − I have managed to communicate the ideas to an inter-
national audience. This endeavour then is, hopefully, an example for the
potential enrichment of international legal scholarship through the
hybridization of national background traditions and understandings.
In this context, I would like to thank my student research assistants for
their diligent work, notably for checking the English translations or
English original versions of books quoted.
 ABBREVIATIONS

ABGB General Civil Code (Austria)

ACHR American Convention on Human Rights
AIDI Annuaire de l’Institut de Droit International
AJIL American Journal of International Law
AöR Archiv des öffentlichen Rechts
AP Additional Protocol
ArbGG Labour Court Act (Arbeitsgerichtsgesetz, Germany)
ARIEL Austrian Review of International and European Law
ATCA Alien Tort Claims Act
AVR Archiv des Völkerrechts
BBl. Federal Gazette (Bundesblatt, Switzerland)
BGB Civil Code (Bürgerliches Gesetzbuch, Germany)
BGE Decisions of the Federal Supreme Court
(Bundesgerichtsentscheide, Switzerland)
BGH Federal Court of Justice (Bundesgerichtshof, Germany)
BGHSt Decisions of the Federal Court of Justice in Criminal
Matters (Entscheidungen des Bundesgerichtshofs in
Strafsachen, Germany)
BGHZ Decisions of the Federal Court of Justice in Civil Matters
(Entscheidungen des Bundesgerichtshofs in Zivilsachen,
Germany)
BIT Bilateral Investment Treaty
BRICS Brazil, Russia, India, China, South Africa
BVerfG Federal Constitutional Court (Bundesverfassungsgericht,
Germany)
BVerfGE Decisions of the Federal Constitutional Court
(Entscheidungen des Bundesverfasssungsgerichts,
Germany)
BVerfGK Chamber Decisions of the Federal Constitutional Court
(Kammerentscheidungen des Bundesverfasssungsgerichts,
Germany)
BVerwG Federal Administrative Court (Bundesverwaltungsgericht,
Germany)

xv
xvi list of abbreviations
BVerwGE Decisions of the Federal Administrative Court
(Entscheidungen des Bundesverwaltungsgerichts,
Germany)
BYIL British Yearbook of International Law
CAT Committee Against Torture/Convention Against
Torture
CEDAW Committee on the Elimination of Discrimination Against
Women/Convention on the Elimination of
Discrimination Against Women
CEDEAO Communauté Economique des Etats de l’Afrique de
l’Ouest
CERD Committee on the Elimination of Racial Discrimination
CERN European Organization for Nuclear Research
CESCR Committee on Economic, Social and Cultural Rights
CFI Court of First Instance of the European Communities
CFSP Common Foreign and Security Policy
CST European Union Civil Service Tribunal
CTS Consolidated Treaty Series
DÖV Die öffentliche Verwaltung
DSU Understanding on Rules and Procedures Governing the
Settlement of Disputes
ECCC Extraordinary Chambers in the Courts of Cambodia
ECE Economic Commission for Europe
ECHR European Convention on Human Rights
ECJ Court of Justice of the European Union
ECOWAS Economic Community of West African States
ECT Energy Charter Treaty
ECtHR European Court of Human Rights
EEC European Economic Community
EJIL European Journal of International Law
EPIL Max Planck Encyclopedia of Public International Law
ETS European Treaty Series
EU European Union
EuGRZ Europäische Grundrechte-Zeitschrift
EULEX European Union Rule of Law Mission in Kosovo
FES Fair and equitable treatment standard
FGO Code of Procedure for Fiscal Courts
(Finanzgerichtsordnung, Germany)
FTA Free Trade Agreement
GA General Assembly
GA res. General Assembly resolution
GAOR General Assembly Official Reports
 list of abbreviations xvii
GATT General Agreement on Tariffs and Trade
GC Geneva Convention
GDR German Democratic Republic
GG Basic Law of the Federal Republic of Germany
(Grundgesetz)
GYIL German Yearbook of International Law
HNS Convention International Convention on Liability and Compensation
for Damage in Connection with the Carriage of
Hazardous and Noxious Substances by Sea
HRAP Human Rights Advisory Panel (Kosovo)
HRQ Human Rights Quarterly
HRRP Human Rights Review Panel (Kosovo)
IAEA International Atomic Energy Agency
IACOmHR Inter-American Commission on Human Rights
IACtHR Inter-American Court of Human Rights
IBRD International Bank for Reconstruction and Development
ICC International Chamber of Commerce or International
Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of Racial
Discrimination
ICESCR International Covenant on Economic, Social and
Cultural Rights
ICISS International Commission on Intervention and State
Sovereignty
ICJ International Court of Justice
ICLQ International and Comparative Law Quarterly
I•CON International Journal of Constitutional Law
ICRC International Committee of the Red Cross
ICSID International Centre for Settlement of Investment
Disputes
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for the former
Yugoslavia
IDI Institut de Droit International
IHL International Humanitarian Law
IIA International Investment Agreement
ILA International Law Association
ILC International Law Commission
ILDC International Law in Domestic Courts
ILM International Legal Materials
ILO International Labour Organization
xviii list of abbreviations
ILR International Law Review
IRRC International Review of the Red Cross
JZ JuristenZeitung
LQR Law Quarterly Review
LTTE Liberation Tigers of Tamil Eelam
NAFTA North American Free Trade Agreement
NATO North Atlantic Treaty Organization
NGO(s) Non-Governmental Organization(s)
NJW Neue Juristische Wochenschrift
OECD Organisation for Economic Co-operation and
Development
OJ Official Journal of the European Union
OLG Higher Regional Court (Oberlandesgericht, Germany)
OVG Higher Administrative Court (Oberverwaltungsgericht,
Germany)
ÖZÖR Österreichische Zeitschrift für öffentliches Recht
PCIJ Permanent Court of International Justice
PCIJ Ser. A or B or A/B Permanent Court of International Justice, Collection of
Judgments and Advisory Opinions
R2P Responsibility to Protect
RdC Recueil des Cours: Collected Courses of The Hague
Academy of International Law
RFDA Revue Française de Droit Administratif
RGDIP Revue Générale de Droit International Public
RGZ Decisions of the Imperial Court in Civil Matters
(Entscheidungen des Reichsgerichts in Zivilsachen,
Germany)
RS Federal Gazette (Recueil Systématique, Switzerland)
SC res. Security Council resolution
SCC Stockholm Chamber of Commerce
SGG Social Courts Act (Sozialgerichtsgesetz, Germany)
SPS WTO Agreement on the Application of Sanitary and
Phytosanitary Measures
StPO Code of Criminal Procedure (Strafprozeßordnung,
Germany)
TAM Tribunaux arbitraux mixtes
TEU Treaty on European Union
TFEU Treaty on the Functioning of the European Union
TRIPS Trade-Related Aspects of Intellectual Property Rights
UDHR Universal Declaration of Human Rights
UK United Kingdom
UKHL United Kingdom House of Lords
 list of abbreviations xix
UN United Nations
UNCITRAL United Nations Commission on International Trade Law
UNCLOS United Nations Convention on the Law of the Sea
UNCTAD United Nations Conference on Trade and Development
UNECE United Nations Economic Commission for Europe
UNESCO United Nations Educational, Scientific and Cultural
Organization
UNFPA United Nations Population Fund
UNICEF United Nations Children’s Fund
UNITA União Nacional para a Independência Total de Angola
(National Union for the Total Independence of Angola)
UNMIK United Nations Interim Administration Mission in
Kosovo
UNOCI United Nations Operation in Côte d’Ivoire
UNSC UN Security Council
UNTS United Nations Treaty Series
USSR Union of Soviet Socialist Republics
VCCR Vienna Convention on Consular Relations
VCDR Vienna Convention on Diplomatic Relations
VCLT Vienna Convention on the Law of Treaties
VPB Federal Collection of Administrative Decisions
(Verwaltungspraxis der Bundesbehörden, Switzerland)
VwGO Code of Administrative Court Procedure
(Verwaltungsgerichtsordnung, Germany)
WHO World Health Organization
WTO World Trade Organization
YB Yearbook
ZaöRV Zeitschrift für ausländisches öffentliches Recht und
Völkerrecht
ZGB Civil Code (Zivilgesetzbuch, Switzerland)
ZISG Federal Act on Cooperation with the International
Criminal Court (Bundesgesetz über die
Zusammenarbeit mit dem Internationalen
Strafgerichtshof, Switzerland)
ZÖR Zeitschrift für öffentliches Recht
ZPO Code of Civil Procedure (Zivilprozeßordnung, Germany)
 TABLE OF CASES

International Courts and Bodies

Permanent Court of Justice (PCIJ)
PCIJ, Mavrommatis Palestine Concessions Case, Judgment of 30 August 1924, PCIJ Ser.
B, No. 3 (1924), 12 pp. 306, 389–391
PCIJ, Jurisdiction of the Courts of Danzig, Advisory Opinion of 3 March 1928, PCIJ Ser.
B, No. 15 (1928) pp. 7, 29–32, 77, 316, 499, 501, 505, 519
PCIJ, Case Concerning the Factory at Chorzów (Claim for Indemnity – Merits),
Judgment of 13 September 1928, PCIJ Ser. A No. 17 (1928) pp. 170, 337
PCIJ, Case Concerning the Payment of Various Serbian Loans Issued in France,
Judgment of 12 July 1929, PCIJ Ser. A, No. 20/21 (1929) p. 173, 294
PCIJ, Peter Pàzmàny University Case, Judgment of 15 December 1933, PCIJ Ser. A/B,
No. 61 (1933) p. 48
PCIJ, League of Nations, Advisory Committee of Jurists, Procès-Verbaux of the
Proceedings of the Committee (16 June–24 July 2010) with annexes (The Hague: van
Langenhuisen Brothers 1920) pp. 428

International Court of Justice (ICJ)

ICJ, Reparation for Injuries Suffered in the Service of the United Nations, Advisory
Opinion of 11 April 1949, ICJ Reports 1949, 174 pp. 36, 414, 433
ICJ, South West Africa Cases (Ethiopia/South Africa; Liberia/South Africa) (Second
Phase), Judgment of 18 July 1966, Dissenting Opinion of Judge Tanaka, ICJ Reports
1966, 6 p. 428
ICJ, Barcelona Traction, Light and Power Company (New Application 1962) (Second
Phase), Judgment of 5 February 1970, ICJ Reports 1970, 4 pp. 391–396
ICJ, Case concerning the Gabčíkovo-Nagymaros Project (Hungary v. Slovakia),
Judgment of 25 September 1997, ICJ Reports 1997, 7 p. 520
ICJ, La Grand Case (Germany v. United States of America), Judgment of 27 June 2001,
ICJ Reports 2001, 466 pp. 32, 48, 77, 316, 350–359, 369–372, 391, 416, 486, 526
ICJ, La Grand Case, Judgment, 27 June 2001, Separate Opinion of Vice-President Shi,
ICJ Reports 2001, 466 p. 351

xx
 t a b l e of ca s e s xxi
ICJ, Arrest Warrant (Democratic Republic of the Congo v. Belgium), Judgment of
14 February 2002, Separate Opinion of President Guillaume, ICJ Reports 2002, 3
p. 484
ICJ, Case Concerning Avena and other Mexican Nationals (Mexico v. United States of
America), Judgment of 31 March 2004, ICJ Reports 2004, 12 pp. 355, 359, 366–383,
480, 510, 526
ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, Advisory Opinion of 9 July 2004, ICJ Reports 2004, 136 pp. 62, 186, 403
ICJ, Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, Advisory Opinion of 9 July 2004, Declaration of Judge Buergenthal, ICJ
Reports 2004, 136 p. 62
ICJ, Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment of
26 February 2007, ICJ Reports 2007, 43 p. 248
ICJ, Case Concerning Ahmadou Sadio Diallo (Republic of Guinea v. Democratic
Republic of the Congo), Preliminary Objections Judgment of 24 May 2007, ICJ
Reports 2007, 582 pp. 210, 309, 368
ICJ, Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning
Avena and Other Mexican Nationals (Mexico v. United States of America),
Judgment of 19 January 2009, ICJ Reports 2009, 3 p. 366
ICJ, Accordance with International Law of the Unilateral Declaration of Independence in
Respect of Kosovo, Advisory Opinion of 22 July 2010, ICJ Reports 2010, 403 p. 96
ICJ, Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo),
Judgment of 30 November 2010 on the Merits, ICJ Reports 2010 (II), 692 p. 395
ICJ, Case Concerning Jurisdictional Immunities (Federal Republic of Germany
v. Italian Republic), Judgment of 3 February 2012, ICJ Reports 2012, 37 pp. 208
ICJ, Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)
(compensation owed by the Democratic Republic of the Congo to the Republic of
Guinea), Judgment of 19 June 2012, ICJ General List No. 103 pp. 369, 395

International and Regional Criminal Courts and

Tribunals
International Criminal Court (ICC)
ICC, PTC I, Situation in the Democratic Republic of the Congo, Decision on the
Applications for Participation in the Proceedings, Case No. ICC-01/04 of
17 January 2006 pp. 270–280
ICC, PTC I, Situation in the Democratic Republic of the Congo in the Case of the
Prosecutor v. Thomas Lubanga Dyilo, Decision on the Application for the
Participation in the Proceedings, Case No. ICC-01/04–01/06 of 29 June 2006 p. 271
ICC, PTC I, Situation in the Democratic Republic of the Congo in the Case of the
Prosecutor v. Thomas Lubanga Dyilo, Decision on the Arrangements for
xxii t a b l e o f ca s e s
Participation of Victims a/0001/06, a/0002/06 and a/0003/06 at the Confirmation
Hearing, Case No. ICC-01/04–01/06–462 of 22 September 2006 p. 279
ICC, TC I, Situation in the Democratic Republic of the Congo in the Case of the
Prosecutor v. Thomas Lubanga Dyilo, Decision on Victims Participation, Case No.
ICC-01/04–01/06 of 18 January 2008 p. 273
ICC, Appeals Chamber, Situation in the Democratic Republic of the Congo in the Case
of the Prosecutor v. Thomas Lubanga Dyilo, Decision, in limine, on Victim
Participation in the appeals of the Prosecutor and the Defence against Trial Chamber
I’s Decision entitled “Decision on Victims’ Participation”, Case No. ICC-01/
04–01/06–1335 of 16 May 2008 p. 272
ICC, TC I, Situation in the Democratic Republic of the Congo in the Case of the Prosecutor
v. Thomas Lubanga Dyilo, Public Decision Establishing the Principles and Procedures
to be applied to Reparations, Case No. ICC-01/04-01/06, of 7 August 2012 p. 179

International Criminal Tribunal for Rwanda (ICTR)

ICTR, Prosecutor v. Kanyabashi, Case No. ICTR-96–15-T, Decision on the Defence
Motion on Jurisdiction of 18 June 1997 pp. 122, 143
ICTR, Prosecutor v. Kayishema and Rutaganda, Judgement, Case No. ICTR-95–1-T of
21 May 1999 p. 117
ICTR, Juvénal v. Kajelijeli Judgement, Case No. ICTR-98-44A-A of 23 May 2005 p. 359

International Criminal Tribunal for the former

Yugoslavia (ICTY)
ICTY, Trial Chamber, Prosecutor v. Duško Tadić, Case No. IT-94–1, Decision on the
Prosecutor’s Motion Requesting Protective Measures for Victims and Witnesses of
10 August 1995 p. 275
ICTY, Appeals Chamber, Case No. IT-94–1-AR72, Prosecutor v. Duško Tadić,
Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction of
2 October 1995 pp. 143, 547
ICTY, Trial Chamber, Prosecutor v. Drazen Erdemovic, Case No. IT-96–22-T,
Sentencing Judgment of 29 November 1996 p. 265
ICTY, Appeals Chamber, Case No. IT-96–22-A, Prosecutor v. Drazen Erdemovic,
Judgment of 7 October 1997 p. 132
ICTY, Appeals Chamber, Case No. IT-95–14/2-A, Kordiċ and Čerkez, Appeals
Judgment of 17 December 2004 p. 137

Special Tribunal for Lebanon

Special Tribunal for Lebanon, Appeals Chamber, Case No. STL-11–01/I, Interlocutory
Decision on the Applicable Law of 16 February 2011 p. 121
 ta ble of c ases xxiii

Human Rights Institutions

UN Human Rights Committee
Apirana Mahuika et al. v. New Zealand, No. 547/1992, Communication of
10 December 1992, UN-Doc. CCPR/C/70/D/547/1993 (2000) p. 547
Kennedy v. Trinidad and Tobago, Communication No. 845/1998, Decision declaring
a decision admissible of 31 December 1999, UN-Doc. CCPR/C/67/D/845/1999
p. 542
Jiménez Vaca v. Columbia, No. 859/1999, Communication of 15 April 2002, UN-Doc.
CCPR/C/74/D/859/1999 pp. 182–183
Albert Wilson v. Philippines, No. 868/1999, Communication of 11 November 2003,
UN-Doc. CCPR/C/79/D/868/1999 (2003) p. 183
Messaouda Kimouché v. Algeria, No. 1327/2004, Communication of 10 July 2007, UN-
Doc. CCPR/C/90/D/1327/2004 p. 262
Sathasivam v. Sri Lanka, No. 1436/2005, Communication of 8 July 2008, UN-Doc.
CCPR/C/93/D/1436/2005 pp. 183, 262
Amirov v. Russian Federation, No. 1447/2006, Communication of 2 April 2009, UN-
Doc. CCPR/C/95/D/1447/2006 pp. 183, 262
Felipe und Evelyne Pestaño v. Philippines, No. 1619/2007, Communication of
23 March 2010, UN-Doc. CCPR/C/98/D/1619/2007 pp. 183, 262

European Court of Human Rights (ECtHR)

ECtHR, Handyside v. United Kingdom, No. 5493/72, Judgment of 7 December 1976
p. 484
ECtHR, Ireland v. United Kingdom, No. 5310/71, Judgment of 18 January 1978, 82
p. 319
ECtHR, Sunday Times v. United Kingdom, No. 6538/74, Judgment of
26 April 1979 p. 83
ECtHR, Airey v. Ireland, No. 6289/73, Judgment of 9 October 1979 p. 476
ECtHR, Case of Guzzardi v. Italy, No. 7367/76, Judgment of 6 November 1980
p. 540
ECtHR, X. und Y. v. Netherlands, No. 8978/80, Judgment of 26 March 1985 p. 259
ECtHR, C. R. v. United Kingdom, No. 20190/92, Judgment of 22 November 1995 p. 130
ECtHR, Petra v. Romania, No. 27273/95, Judgment of 23 September 1998 p. 65
ECtHR, Osman v. United Kingdom, No. 87/1997/871/1083, Judgment of
28 October 1998 pp. 238, 248
ECtHR, Matthews v. United Kingdom, No. 24833/94, Judgment of 18 February 1999
pp. 276, 478
ECtHR, Rekvényi v. Hungary, No. 25390/94, Judgment of 20 May 1999 p. 84
ECtHR, Oğur v. Turkey, No. 21594/93, Judgment of 20 May 1999 pp. 259, 260
ECtHR, Selmouni v. France, No. 25803/94, Judgment of 28 July 1999 p. 540
xxiv t a b l e o f ca s e s
ECtHR (Grand Chamber), Streletz, Keßler and Krenz v. Germany, No. 34044/96,
Judgment of 22 March 2001 p. 136
ECtHR, Hugh Jordan v. United Kingdom, No. 24746/94, Judgment of 4 May 2001
pp. 183, 259
ECtHR, Kalashnikov v. Russia, No. 47095/99, Judgment of 15 July 2002 p. 540
ECtHR (Grand Chamber), Mastromatteo v. Italy, No. 37703/97, Judgment of
24 October 2002 p. 260
ECtHR, Berger v. France, No. 48221/99, Judgment of 3 December 2002 p. 276
ECtHR, McGlinchey v. United Kingdom, No. 50390/99, Judgment of 29 April 2003
p. 183
ECtHR, Slivenko v. Latvia, No. 48321/99, Judgment of 9 October 2003 p. 86
ECtHR, Vo v. France, No. 53924/00, Judgment of 8 July 2004 pp. 258, 260
ECtHR, Ilascu v. Moldova, No. 48787/99, Judgment of 8 July 2004 p. 402
ECtHR, Isayeva, Yusopova and Bazayeva v. Russia, No. 57947–9/00, Judgment of
24 February 2005 p. 211
ECtHR, Bosphorus Airways v. Ireland, No. 45036/98, Judgment of 30 May 2005 p. 92
ECtHR (Chamber), Kononov v. Latvia, No. 36376/04, Judgment of 24 July 2008
p. 151
ECtHR, Blumberga v. Latvia, No. 70930/01, Judgment of 14 October 2008 p. 260, 261
ECtHR, Emine Araç v. Turkey, No. 9907/02, Judgment of 23 December 2008 p. 526
ECtHR, Opuz v. Turkey, No. 33401/02, Judgment of 9 June 2009 p. 259
ECtHR, Zavoloka v. Latvia, No. 58447/00, Judgment of 7 July 2009 p. 267
ECtHR (Grand Chamber), Medvedyev v. France, No. 3394/03, Judgment of
29 March 2010 p. 83
ECtHR (Grand Chamber), Kononov v. Latvia, No. 36376/04, Judgment of 17 May 2010
pp. 91, 150
ECtHR (Grand Chamber), Gäfgen v. Germany, No. 22978/05, Judgment of 1 June 2010
p. 260
ECtHR (Grand Chamber), Nada v. Switzerland, No. 10593/08, Judgment of
12 September 2012 p. 448
ECtHR (Grand Chamber), Cyprus v. Turkey, No. 25781/94, Judgment (just satisfac-
tion) of 12 May 2014 p. 394, 396

European Commission on Human Rights (EComHR)

EComHR, B. Russell, Peace Foundation Ltd v. United Kingdom, No. 7597/76,
2 May 1978, DR 14, 117 p. 402
EComHR, G. Kapas v. United Kingdom, No. 12822/87, 9 December 1987 p. 402
EComHR, Delazarus v. United Kingdom, No. 17525/90, Decision of 16 February 1993
p. 540
EComHR, Dobberstein v. Germany, No. 25045/94, 12 April 1996 p. 402
EComHR, A. Leschi et al. v. France, No. 37505/97, 22 April 1998 p. 402
 t a b l e of ca s e s xxv
Inter-American Court of Human Rights (IACtHR)
IACtHR, Velásquez Rodriguez v. Honduras, Judgment of 29 July 1988, Ser. C No. 4
pp. 183, 238, 258, 401
IACtHR, Ivcher Bronstein Case, Competence, Judgment of 24 September 1999, Ser.
C No. 74 p. 418
IACtHR, The Right to Information on Consular Assistance in the Framework of the
Guarantees of the Due Process of Law, Advisory Opinion OC-16/99,
1 October 1999, Concurring Opinion of Antônio Augusto Cançado Trindade, Ser.
C No. 16 p. 14
IACtHR, The Right to Information on Consular Assistance in the Framework of the
Guarantees of the Due Process of Law, Advisory Opinion OC-16/99,
1 October 1999, Partially Dissenting Opinion of Judge Oliver Jackman, Ser.
A No. 16 p. 364
IACtHR, Juridical Status and Human Rights of the Child, Advisory Opinion OC-17/02,
28 August 2001, Concurring Opinion of Antônio Augusto Cançado Trindade, Ser.
A No. 17 pp. 33, 38, 48, 412, 426
IACtHR, Juridical Condition and Rights of Undocumented Migrants, Advisory Opinion
OC-18/03, 17 September 2003, Concurring Opinion of Antônio Augusto Cançado
Trindade, Ser. A No. 18 p. 65
IACtHR, Gomes Lund et al. (“guerrilha do Araguaia”) v. Brazil, Preliminary
Objections, Merits, Reparations and Costs, 24 November 2010, Ser. C No. 219
pp. 258, 264
IACtHR, Gelman v. Uruguay, Merits and Reparations, 24 February 2011, Ser.
C No. 221, 24 p. 258

Inter-American Commission on Human Rights

(IAComHR)
IAComHR, Martinez Villareal v. USA, Case No. 11.753, 10 October 2002, Report
No. 52/01 pp. 361, 364, 373
IAComHR, Fierro v. USA, Case No. 11.331, 29 December 2003, Report No. 90/03
pp. 358, 361, 364, 373
IAComHR, Medellín, Ramirez Cardenas and Leal García v. USA, Case No. 12.644,
7 August 2009, Report No. 90/09 p. 361

African Commission on Human and People’s Rights

(ACHPR)
African Commission on Human and People’s Rights, Mouvement Ivoirien des droits
humains (MIDH) v. Côte d’Ivoire, No. 246/2002, 21–29 July 2008 p. 261
xxvi t a b l e o f ca s e s

International Arbitral Tribunals

International Centre for the Settlement of Investment
Disputes (ICSID)
ICSID, Klöckner Industrie-Anlagen GmbH v. Cameroon, Case No. ARB/81/2, Award
of 21 October 1983 p. 343
ICSID, Klöckner Industrie-Anlagen GmbH v. Cameroon, Case No. ARB/81/2, Decision
of the ad hoc Committee, 3 May 1985 p. 343
ICSID, Southern Pacific Properties (Middle East) Limited v. Arab Republic of Egypt,
Case No. ARB/84/3, Award of 20 May 1992 p. 341
ICSID, AMT v. Zaire, Case No. ARB/93/1, Award of 21 February 1997 p. 289
ICSID, Compania del Desarrollo de Santa Elena, S.A. v. Republic of Costa Rica, Case
No. ARB 96/1, Final Award 17 February 2000 p. 340
ICSID, Salini Costruttori et al. v. Kingdom of Morocco, Case No. ARB/00/4, Decision
on Jurisdiction of 23 July 2001 p. 332
ICSID, Compania de Aguas de Aconquija SA and Vivendi Universal v. Argentine
Republic, Case No. ARB/97/3, Decision on Annulment of 3 July 2002 p. 325
ICSID, ADF Group Inc. v. United States, Case No. ARB(AF)/00/1, Award of
9 January 2003 p. 308
ICSID, Loewen v. United States, Case No. ARB(AF)/98/3 (2003), Decision of 26 June
2003 pp. 304, 305
ICSID, CMS Gas Transmission Company v. Argentine Republic, Case No. ARB/01/8,
Decision on Objections to Jurisdiction of 17 July 2003 p. 306
ICSID, SGS Société Générale de Surveillance SA v. Islamic Republic of Pakistan, Case
No. ARB/01/13, Decision of the Tribunal on Objections to Jurisdiction of
6 August 2003 pp. 299, 325, 327
ICSID, Generation Ukraine v. Ukraine, Case No. ARB/ 00/9, Award of 16 September
2003 p. 286
ICSID, Autopista v. Venezuela, Case No. ARB/00/5, Award of 23 September 2003 p. 296
ICSID, SGS Société Générale de Surveillance SA v. Philippines, Case No. ARB/02/6,
Decision of the Tribunal on Objections to Jurisdiction of 29 January 2004 pp. 299, 347
ICSID, CMS Gas Transmission Company v. Argentine Republic, Case No. ARB/01/8,
Decision, 12 May 2005 pp. 296, 331, 336, 337
ICSID, Gas Natural SDG v. The Argentine Republic, Case No. ARB/03/10, Decision of
the Tribunal on Preliminary Questions on Jurisdiction of 17 June 2005 pp. 289, 292
ICSID, Noble Ventures Inc. v. Romania, Case No. ARB/01/11, Award of
12 October 2005 pp. 298, 300
ICSID, Aguas del Tunari SA v. Bolivia, Case No. ARB/02/3, Decision on Respondent’s
Objection to Jurisdiction of 21 October 2005 pp. 308, 316, 325, 326
ICSID, Azurix Corp. v. The Argentine Republic, Case No. ARB/01/12, Award of
14 July 2006 p. 341
ICSID, Inceysa v. El Salvador, Case No. ARB/03/26, Award of 2 August 2006 pp. 342, 343
 ta ble of c ases xxvii
ICSID, World Duty Free Company Limited v. The Republic of Kenya, Case No. ARB/
00/7, Award of 4 October 2006 p. 342
ICSID, MTD v. Chile, Case No. ARB/01/7, Decision on the Application for Annulment
of 21 March 2007 pp. 174, 334
ICSID, Siag v. Egypt, Case No. ARB/05/15, Decision on Jurisdiction of 11 April 2007 p. 310
ICSID, CMS Gas Transmission Company v. Argentine Republic, Case No. ARB/01/8,
Annulment Proceeding, Annulment Decision of 25 September 2007 p. 299
ICSID, Archer Daniels Midland Company v. Mexico, Case No. ARB(AF)/04/5 (NAFTA
chapter 11), Concurring Opinion of Arthur W. Rovine, Issues of Independent
Investor Rights, Diplomatic Protection and Countermeasures, of 21 November 2007
pp. 284, 290, 292, 304, 409
ICSID, Corn Products International v. Mexico, Case No. ARB(AF)/04/01, Decision on
Responsibility (NAFTA chapter 11) of 15 January 2008 pp. 290, 306, 307, 313, 316, 329
ICSID, Biwater Gauff (Tanzania) Ltd. v. United Republic of Tanzania, Case No. ARB/
05/22, Award of 24 July 2008 p. 341
ICSID, Plama Consortium Limited v. Republic of Bulgaria, Case No. ARB/03/24,
Award of 27 August 2008 pp. 343, 344
ICSID, Micula et al. v. Romania, Case No. ARB/05/20, Award of 24 September 2008 p. 310
ICSID, Wintershall v. Argentina, Case No. ARB/04/14, Award of 8 December 2008 p. 312
ICSID, Cargill, Incorporated v. United Mexican States, Case No. ARB (AF)/05/2
(NAFTA) (Pryles/Caron/MCRae), Award of 18 September 2009 pp. 307, 329
ICSID, ATA Construction, Industrial and Trading Company v. The Hashemite
Kingdom of Jordan, Case No. ARB/08/02, Award of 18 May 2010 p. 290
ICSID, El Paso Energy International Company v. Argentina, Case No. ARB/03/15,
Award of 27 October 2011 p. 307
ICSID, Toto Costruzioni Generali SPA v. Lebanon, Award of 30 May 2012, Case No.
ARB/07/12. p. 325
ICSID, Border Timbers Limited, Border Timbers International (Private) Limited, and
Hangani Development Co. (Private) Limited v. Republic of Zimbabwe, Case No.
ARB/10/25 and Bernhard von Pezold and Others v. Republic of Zimbabwe, Case No.
ARB/10/15, Procedural Order No. 2 of 26 June 2012 p. 342
ICSID, Franck Charles Arif v. Moldova, Case ARB/11/23, Award of 8 April 2013
pp. 174, 334
ICSID, Vattenfall v. Germany, Request for Arbitration (30 March 2009) p. 340

Other Arbitral Tribunals

Lederer v. German Government, Anglo-German Mixed Arbitral Tribunal, Awards of
28 February, 14 May and 13 December 1923, TAM Vol. III (1924), 762–766 pp. 28, 207
Sigwald v. Etat allemand, French-German Mixed Arbitral Tribunal, Award of
28 August 1926, TAM Vol. VI (1926–1927) pp. 28, 207
Steiner and Gross v. Poland, Upper Slesian Arbitral Tribunal, Case No. 188, Award of
30 March 1928, Annual Digest of Public International Law Cases Vol. 4 p. 27
xxviii t a b l e of c a s e s
Lena Goldfields Co Ltd. and the Soviet Government, Award of 2 September 1930, Cornell
Law Quarterly 36 (1951) pp. 296–297
Sapphire International Petroleums v. National Iranian Oil Company, Award of
15 March 1963, International Law Reports 35 (1967) pp. 295, 297
Texaco Overseas Petroleum Company/California Asiatic Oil Company v. Libya, Award
of 19 January 1977, decided by single arbitrator René-Jean Dupuy, ILM 12 (1978)
pp. 295–297
France v. UNESCO sur la question du régime fiscal des pensions versées aux fonc-
tionnaires retraités de l’UNESCO résidant en France, Award of 14 January 2003,
RGDIP 107 (2003) pp. 31, 32
Gami v. United States of Mexico, UNCITRAL (NAFTA), Written Observation of the
United States of America, quoted in Final Award of 15 November 2004 p. 213, 313
Eritrea-Ethiopia Claims Commission, Partial Award – Civilian Claims – Eritrea’s
Claims 15, 16, 23, 27–32, Partial Award of 17 December 2004 p. 148, 208
Eureko BV v. Republic of Poland, Ad hoc-Arbitration, UNCITRAL, Netherlands-
Poland BIT, Partial Award of 19 August 2005 pp. 205, 298–299
UNCITRAL, International Thunderbird Gaming Corporation v. United Mexican
States, Award of 26 January 2006 p. 342
RosInvest Co. UK v. Russia, SCC (Stockholm Chamber of Commerce), Case No.
ARBV079/2005, Award on Jurisdiction of 5 October 2007 pp. 291–292
PCA, HICEE B.V. v. The Slovak Republic, Partial Award of 23d May 2011, PCA Case
No. 2009–11 p. 203
NAFTA chapter 11, Arbitration, Glamis Gold v. United States of America, Award of
8 June 2009 p. 341

Other International and Regional Courts

International Military Tribunal sitting at Nuremberg for the Trial of German Major War
Criminals, decision of 30 September/1 October 1946, Proceedings against German
Major War Criminals of the International Military Tribunal sitting at Nuremberg, 14
November 1945–1 October 1946; Vol. I, Nuremberg 1947 pp. 32, 86, 119–120, 134, 148
Court of Justice of the Economic Community of States of West Africa (ECOWAS),
Hissein Habré v. Senegal, Judgment of 18 November 2010 p. 150
ITLOS, Responsibilities and Obligations of States Sponsoring Persons and Entities with
Respect to Activities in the Area, Advisory Opinion No. 17 of 1 February 2011 p. 166

European Courts
European Court of Justice (ECJ)
ECJ, Van Gend & Loos, Case 26/62, ECR 1963 1 p. 188, 472
ECJ, Firma Plaumann & Co. v. Commission, Case 25/62, ECR 1963 p. 489
ECJ, Lynne Watson, Case 118/75, R. 1976 1185 p. 527
 tab l e of c ases xxix
ECJ, François Retter v. Caisse de pension des employés privés, Case 130/87, ECR 1989
865 p. 527
ECJ, Fediol v. Commission, Case 70/87, ECR 1989 p. 502
ECJ, Marshall I, Case 152/84, ECR 1989 737 p. 160
ECJ, Francovich, Joined Cases C-6/90 and C-9/90, ECR 1991 I-5357 pp. 188, 483
ECJ, Brasserie du Pêcheur, Joined Cases C-46/93 and C-48/93, ECR 1996 I-1029 p. 188
ECJ, CIA Security International SA v. Signalson SA und Securitel SPRL, Case C-194/94,
ECR. 1996 I-2230 p. 160
ECJ, Portugal v. Rat, Case C-149/96, ECR 1999 I-8395 pp. 497, 503, 516–517
ECJ, Unilever Italia v. Central Food, Case C-443/98, ECR 2000 I-7565 p. 160
ECJ, Parfums Christian Dior SA v. Tuk Consultancy, Joined Cases C-300/98 and 329/
98, ECR 2000 I-11307 pp. 496, 497
ECJ, Unión de Pequeños Agricultores, Case C-50/00 P, ECR 2002 I-6677 p. 489
ECJ, Biret International SA v. Rat, Case C-93/02, ECR 2003 I-10497 p. 511
ECJ, The Queen, on the Application of Delena Wells v. Secretary of State for Transport,
Local Government and the Regions, Case C-201/02, ECR 2004 I-748 p. 160
ECJ, Kommission v. Jégo-Quéré, Case C-263/02, ECR 2004 I-3425 p. 489
ECJ, Léon Van Parys NV v. Belgisch Interventie-en Restitutiebureau, Case C-377/03,
ECR 2005 I-1465 p. 518
ECJ, Fabbrica Italiana Accumulatori Motocarri Montechio Spa (FIAMM) v. Council of
the European Union, Joined Cases C-120/06 P and C-121/06 P, ECR 2008 I-6513
p. 512
ECJ, Danske Slagterier v. Germany, Case C-445/06, ECR 2009 I-02119 p. 527
ECJ, Lancôme parfums et beauté & Cie SNC v. Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM), Case C-408/08 P, ECR 2010
I-01347, Opinion of Advocate General Ruiz-Jarabo Colomer of 15 October 2009
p. 527
ECJ, Rhimou Chakroun v. Minister van Buitenlandse Zaken, Case C-578/08, ECR 2010
I-0183 p. 527

European Court of First Instance (EuC)

EuC, AssiDomän Kraft Products AB, AB Iggesunds Bruk, Korsnäs AB, MoDo Paper
AB, Södra Cell AB, Stora Kopparbergs Bergslags AB und Svenska Cellulosa AB
v. Commission of the European Communities, Case T-227/95, ECR 1997 II-1185
p. 527
EuC, Lagardère SCA und Canal+ SA v. Commission of the European Communities,
Case T-251/00, ECR 2002 II-4825 p. 527
EuC, Biret International SA v. Council of the European Union, Case T-174/00, ECR
2002 II-17 p. 511
EuC, Yusuf v. Council of the European Union, Case T-306/01, ECR 2005 II-3649 p. 400
xxx t a b l e o f ca s e s
EuC, Ayadi v. Council of the European Union, Case T-253/02, ECR 2006 II-2148 p. 400
EuC, Hassan v. Council of the European Union, Case T-49/04, ECR 2006 II-00052
p. 400
EuC, González y Díez, SA v. Commission of the European Communities, Case T-25/04,
ECR 2007 II-3121 p. 527

European Union Civil Service Tribunal (EuCST)

EuCST, Philippe Bui Van v. Commission of the European Communities,
11 September 2008, Case F-51/07 p. 527

Domestic Courts
Germany
Bundesverfassungsgericht (BVerfG) (Federal
Constitutional Court)
BVerfGE 40, 141 – 1 BvR 274/72 (1975) pp. 88, 506
BVerfGE 46, 342 – 2 BvM 1/76 (1977) pp. 7, 503
BVerfGE 43, 203 – 1 BvR 210/74 (1977) p. 87
BVerfGE 55, 349 – 2 BvR 419/80 (1980) p. 398
BVerfGE 88, 203 – 1 BvR 1464/91 (1993) p. 260
BVerfGE 95, 96 – 2 BvR 1851/94 (1996) p. 136
BVerfG 94, 315 – 2 BvR 1951/94 (1996) pp. 202, 214, 390
BVerfGE 103, 142 – 2 BvR 1444/00 (2001) p. 377
BVerfG – 2 BvR 1476/03 (2003) p. 206
BVerfGE 111, 307 – 2 BvR 1481/04 (2004) pp. 367–368, 485, 509
BVerfGE 112, 1 – 2 BvR 955/00 (2004) pp. 171, 201, 218
BVerfGK 9, 174 – 2 BvR 2115/01, 2 BvR 2132/01, 2 BvR 348/03 (2006) pp. 358, 361,
366–368, 375, 377–379, 382, 485, 487–488, 510
BVerfG – 2 BvM 1/03 (2007) pp. 173, 305, 308, 335
BVerfG – 2 BvR 432/07 (2010) pp. 383, 521
BVerfGK 17, 390 – BvR 2485/07 (2010) pp. 361, 370, 379–380, 384
BVerfG – 2 BvR 1579/11 (2013) pp. 374–375, 380
BVerfG – 2 BvR 2660/06 (inadmissibility decision of 13 August 2013), Bridge of
Varvarin p. 205

Bundesgerichtshof (BGH) (Federal Court of Justice)

In civil matters
BGHZ 11, 135 (I ZR 97/52), Judgment of 6 November 1953 p. 505
BGHZ 17, 309 (I ZR 25/53), Judgment of 24 May 1955 p. 505
BGHZ 52, 371 (III ZR 187/68), Judgment of 13 October 1969 pp. 204, 520
 tab l e of c ases xxxi
BGHZ (III ZR 245/98), Judgment of 26 June 2003 p. 206
BGHZ 169, 348 ff. (III ZR 190/05), Judgment of 2 November 2006 – Varvarin pp. 171,
192, 201
BGHZ (V ZB 223/09), Judgment of 6 May 2010 pp. 350, 362, 369
BGHZ (V ZB 210/10), Judgment of 28 October 2010 pp. 350–351, 362
BGHZ (V ZB 165/10), Judgment of 18 November 2010 pp. 350, 362
BGHZ (V ZB 23/11), Judgment of 12 May 2011 p. 350
BGHZ (V ZB 275/10), Judgment of 14 July 2011 p. 350

In criminal matters
BGHSt 11, 213 (GSSt 4/57), Decision of 21 January 1958 p. 377
BGHSt 24, 125 (3 StR 189/70), Judgment of 17 March 1971 p. 377
BGHSt 31, 304 (4 StR 640/82), Judgment of 17 March 1983 p. 377
BGHSt (3 StR 11/87), Judgment of 9 April 1987 p. 383
BGHSt 38, 214 (5 StR 190/91), Decision of 27 February 1992 pp. 361, 377, 381
BGHSt 41, 127 (1 StR 700/94), Judgment of 21 April 1995 p. 507
BGHSt 44, 243 (3 StR 181/9), Judgment of 11 November 1998 p. 377
BGHSt (5 StR 116/01), Decision of 7 November 2001 pp. 357, 367
BGHSt (1 StR 284/03), Decision of 26 August 2003 p. 375
BGHSt 51, 285 (5 StR 546/06), Judgment of 18 April 2007 p. 377
BGHSt (1 StR 273/07), Decision of 11 September 2007 p. 372
BGHSt 52, 48 (5 St 116/01), Judgment of 25 September 2007 pp. 364, 378, 384
BGHSt 52, 110 (3 StR 318/07), Judgment, 20 December 2007 pp. 378, 384
BGHSt (1 StR 251/10), Decision of 13 July 2010 p. 378
BGHSt (4 StR 643/10), Judgment of 7 June 2011 p. 380

Bundesverwaltungsgericht (BVerwG) (Federal

Administrative Court)
BVerwGE 80, 233 (1 C 52/87), Judgment of 27 September 1988 p. 505
BVerwGE 87, 11 (1 C 15/88), Judgment of 16 October 1990 p. 505
BVerwG (5 C 30/88), Judgment of 4 June 1991 pp. 330, 505

Lower Courts and Appeal Courts

OVG (Oberverwaltungsgericht) Münster, Judgment of 9 April 1952, NJW 5 (1952),
1030 et seq. p. 206
OLG (Oberlandesgericht) Köln, Varvarin-Case, Judgment of 28 July 2005, NJW 58
(2005), 2860 et seq. p. 192
LG (Landgericht) Bonn, Kunduz-Case, judgment of 11 December 2013 1 O 460/11
p. 206
xxxii tab l e of c ases
Reichsgericht (RG) (Imperial Court)
RGZ 117, 280 (I 13/27), Judgment of 18 June 1927 p. 502
RGZ 117, 284 (I 372/26), Judgment of 18 June 1927 p. 505
RGZ 121, 7 (VI 220/27), Judgment of 29 March 1928 pp. 505, 520
RGZ 124, 204 (V B 2/29), Judgment of 2 May 1929 p. 505

France
Conseil d’Etat, Ministère du budget, Décisions Nos 37772 and 37774 of 20 April 1984
p. 522
Conseil d’Etat, Raut, Décision No. 152417 of 15 May 1995 p. 522
Conseil d’Etat, Décision No. 163043 of 23 April 1997 p. 522
Conseil d’État, Botéro, Décision No. 159999 of 21 May 1997 p. 522
Conseil d’Etat, Commune de Breil sur Roya, Décision No. 204756 of 8 December 2000
p. 506
Conseil d’Etat, Collectif contre l’handiphobie, Décision No. 24857 of 26 September 2005
p. 522
Conseil d’Etat, Commune de Groslay, Décision No. 292942 of 6 June 2007 p. 506
Conseil d’Etat, Ligue pour la préservation de la faune sauvage et la défense des non-
chasseurs, Décision of 9 November 2007 pp. 503, 506
Conseil d’Etat, Décision No. 280264 of 21 December 2007 p. 305
Conseil d’Etat, Décision No. 292493 of 11 January 2008 p. 522

Japan
Supreme Court of Japan
Supreme Court of Japan, 2nd Petty Bench, Nishimatsu Construction Co v. Song
Jixiao, 215
Minshu 1188, 1969 Hanrei Jiho 31, 2004 (Ju) No. 1658, Judgment of 27 April 2007
(judgment concerning paragraph 5 of the Joint Communiqué of the government of
Japan and the government of the People’s Republic of China) p. 215
Supreme Court of Japan, 1st Petty Bench, Ko Hanakao et al. v. Japan, 1969 Hanrei Jiho
38, Judgment of 27 April 2007 p. 215

Tokyo District and High Court

Tokyo District Court, Shimoda u.a. v. State of Japan, Judgment of 7 December 1963 in
The Japanese Annual of International Law 8 (1964), 231 et seq., part 4 p. 204
Tokyo High Court, X. et al. v. the State of Japan, Judgment of 27 July 1995 in
The Japanese Annual of International Law 40 (1997), 116 p. 204
Tokyo District Court, Henson u.a. v. State of Japan, Judgment of 9 October 1998 in
The Japanese Annual of International Law 42 (1999), 170 p. 204
 t a b l e of ca s e s xxxiii
Tokyo District Court, X. et al. v. State of Japan, Judgment of 30 November 1998 in
The Japanese Annual of International Law 42 (1999), 143 p. 204

Switzerland
Bundesgericht (BGer) (Federal Tribunal)
BGE 111 lb 68, Staatsvertragliche Grundrechtsgarantien, X. v. Eidgenössisches Justiz-
und Polizeidepartement, Judgment of 29 May 1985 p. 515
BGE, 112 Ib, Maison G. Sprl contre Direction générale de douanes, Judgment of
2 September 1986 p. 502
BGE 120 Ia 1, Studiengebühren ZH I, Judgment of 11 February 1994 p. 505
BGE 121 I 367, Existenzsicherung, Judgment of 27 October 1995 p. 441
BGer, X. SA gegen Bundesamt für Landwirtschaft, Judgment of 14 July 1997 p. 516
BGE 126 I 240, S. 242 E. 2.b., Studiengebühren ZH II, Judgment of 22 September 2000
p. 502
BGE, Groupement X v. Conseil fédéral, 4A.1/2004, Judgment of 2. Juli 2004 S. 398
BGE 133 II 450, Youssef Nada, Judgment of 14 November 2007 (repr. in EuGRZ 35
(2008) p. 400
BGE 136 I, 290–295, X. v. Z., Judgment of 4 May 2010 pp. 498, 501

United States of America

US Supreme Court
US Supreme Court, Foster & Elam v. Neilson, 27 US 253, 314 (1829) p. 515
US Supreme Court, Head Money Cases, 112 US 580, 598 (1884) p. 502
US Supreme Court, Bartram v. Robertson, 122 US 116, 120 (1887) p. 496
US Supreme Court, Whitney v. Robertson, 124 US 190, 193 (1888) p. 514
US Supreme Court, Palko v. Connecticut, 302 US 319 (1937) p. 440
US Supreme Court, Sosa v. Alvarez Machain, 542 US 692 p. 162
US Supreme Court, Breard v. Greene, 523 US 371, 376 (1998) p. 352
US Supreme Court, Sanchez-Llamas v. Oregon, Bustillo v. Virginia, 548 US 331 (2006)
pp. 352, 366, 372, 376
US Supreme Court, Hamdan v. Rumsfeld, 548 US 557 (2006) p. 218
US Supreme Court, Medellín v. Dretke, 544 US 660 (2005) (Medellín I). p. 355
US Supreme Court, Medellín v. Texas, 552 US 491 (2008) (Medellín II) pp. 366, 499,
502, 506, 511, 516
US Supreme Court, Kiobel v. Royal Dutch Petroleum, Judgment of 17 April 2013, 569
US_ (2013), 133 S.Ct. 1659 (2013) p. 163
xxxiv tab l e of c ases
Other US Courts
US-Military Tribunal sitting in Nuremberg, US v. Alfred Krupp et al., Judgment of
31 July 1948, The United Nations War Crimes Commission, Law Reports of Trials
of War Criminals, Vol. X, 1949, 130–159, 117
US District Court for the District of Columbia, Civil Action No. 74–1292,
Memorandum of 13 May 1975, Diggs v. Dent, repr. in ILM 14 (1975), 797–805, 507
US Court of Appeals for the Fifth Circuit, United States v. Postal, Judgment of
15 February 1979, 589 F.2d 862 (5th Circ.) 506
US Court of Appeals, Kadić v. Karadžić, Judgment of 13 October 1995, 70 Fd 3d 232,
239 (2d Cir.) 162
US Court of Appeals for the Fourth Circuit, Hamdi v. Rumsfeld, Judgment of
8 January 2003, 316 F. 3d 450 (4th Circ. 2003); repr. in ILM 42 (2003) 219
Oklahoma Court of Criminal Appeals, Osbaldo Torres v. the State of Oklahoma,
Decision of 13 May 2004 (order granting stay of execution and remanding case for
evidentiary hearing), Judge Chapel, specially concurring 358
US Court of Appeals, Jogi v. Voges, Judgment of 12 March 2007, 480 F.3d 822 (7th
Circ.) 352
US Court of Appeals, Cornejo v. County of San Diego, Judgment of 24 September 2007,
504 F.3d 853 (9th Circ. 2007) 352, 520
US Court of Appeals, Kiobel v. Royal Dutch Petroleum Company, Judgment of
17 September 2010, 621 F.3d 111 (2nd Cir.) 101, 162, 163
Nevada Supreme Court, Gutierrez v. State, Judgment of 19 September 2012, No. 53506,
2012 Nev. Unpub. LEXIS 1317, order of reversal, unpublished; extracts in AJIL 107
(2013) 372

United Kingdom
UK House of Lords, Australia & New Zealand Banking Group v. Australia, Judgment of
26 October 1990 [1990] 2 AC 418, 500
UK Supreme Court of Judicature – Court of Appeal, Civil Division, Abbasi v. Secretary
of State for Foreign and Commonwealth Affairs, Judgment of 6 November 2002,
Case No. C/2002/0617A; 0617B, repr. in ILM 42 (2003), 355, 399
England and Wales Court of Appeal (Civil Division), Occidental Exploration &
Production Company v. Republic of Ecuador, Judgment of 9 September 2005 [2005]
EWCA Civ. 1116, 286, 287, 294, 308, 314
UK House of Lords, R. v. Jones et al., Judgment of 29 March 2006 [2006] UKHL 16, 129, 130
High Court, R. (Al-Rawi and Others) v. Secretary of State for Foreign and
Commonwealth Affairs, Judgment of 4 May 2006 [2006] EWHC 972 (Admin), 399
Court of Appeal, R. (Al-Rawi and Others) v. Secretary of State for Foreign and
Commonwealth Affairs, Judgment 12 October 2006 [2006] EWCA 1279, QB 2008-12
399–400
UK National Contact Point, Global Witness v. Afrimex Ltd., Final Statement of
28 August 2008 102
 ta ble of c ases xxxv
Other Domestic Courts
Canada, Supreme Court, Her Majesty the Queen v. Imre Finta et al., Judgment of
24 March 1994 [1994] 1 S.C.R. 701 133
Constitutional Court of Columbia, Judgment C-225/95, No. L.A.T.-40, of
18 May 1995 221
Last instance Court of Levadia, Prefecture Boeotia v. Germany, Judgment of
30 October 1997, Case No. 137/1997 206
Supreme Court of New Mexico, State v. Martinez-Rodriguez, Judgment of
14 September 2001 131 N.M. 47, 33 P.3d 267, 274 (2001) 352, 520
Court of Cassation (Corte Suprema di Cassazione) Ferrini, Judgment of Appeal of
11 March 2004, No. 5044/4; ILDC 19 (IT 2004) 208
Constitutional Court of South Africa, Samuel Kaunda and Others v. President of the
Republic of South Africa and Others, Judgment of 4 August 2004, (CCT 23/04)
[2004] ZACC 5; 2005 (4) SA 235 (CC); 2004 (10) BCLR 1009 (CC), repr. in ILM 44
(2005), 173, 399, 406
Ituri District Military Court, Democratic Republic of the Congo, L’auditeur Militaire
v. Bongo Massaba, Judgment of 24 March 2006, RP N° 018/2006, R.M.P. N° 242/
PEN/2006 144
Ituri District Military Court, Democratic Republic of the Congo, L’auditeur Militaire
v. Kahwa Panga Mandro, Judgment of 2 August 2006, RP N° 039/2006, R.M.P. N°
227/PEN/2006 144
 1

Definition of the Question

1.1 Individualization of International Law?

The starting point for this study is the observation that with increasing
frequency international legal norms directly address and engage indi-
viduals. For instance, individual rights under international law appear
to arise from extradition treaties, treaties of friendship and establish-
ment, double taxation agreements, transport treaties, intellectual
property treaties, investment protection treaties, treaties on the legal
status of foreigners, and the Vienna Convention on Consular
Relations. On the side of duties, the criminal responsibility of indivi-
duals under international law has in recent decades been fleshed out by
the work of the ad hoc criminal tribunals and the International
Criminal Court.1
Accordingly, scholars of international law have around the turn of
the millennium noted a transformation of the international system.
The inclusion of individuals under international law was claimed to
have become a “fundamental axiom” of the international legal order.2
A “paradigm shift” consisting in the increasing significance of the
individual in international law,3 a shift “from international law to
world law”,4 “from international law to global law”,5 to the “new jus

1
See Chapter 5.
2
See Oliver Dörr, Privatisierung des Völkerrechts, JuristenZeitung 60 (2005), 905–916
(905); see also P. K. Menon, The Legal Personality of Individuals, Sri Lanka Journal of
International Law 6 (1994), 127–156 (148).
3
Wolfgang Benedek, Das Individuum als Völkerrechtsubjekt, in: August Reinisch (ed.),
Österreichisches Handbuch des Völkerrechts, Band I: Textteil (5th ed., Wien: Manzsche
Verlags- und Universitätsbuchhandlung 2013), 291, paragraph 1238.
4
Angelika Emmerich-Fritsche, Vom Völkerrecht zum Weltrecht (Berlin: Duncker &
Humblot 2007).
5
Rafael Domingo, The New Global Law (Cambridge: Cambridge University Press
2010), 133.

1
2 de fi n i t i o n of t he q u e s t i o n

gentium of humanity”6 and to “humanity’s law”7 has been proclaimed,

and a “humanization of international law” has been diagnosed.8
These views have not gone unchallenged. In a fairly recent Hague
course entitled “The Emancipation of the Individual from the State
under International Law”, Gerhard Hafner reached the conclusion that
this “emancipation” is incomplete and that “the status of individuals in
international law is restricted”.9 Others have warned against an over-
stretched individualization of international law: In a case note on
a German Constitutional Court decision rejecting an international-law-
based individual right on compensation for violations of international
humanitarian law (IHL), a scholar held that

“the increasing recognition of the individual . . . is limited to certain,

rather narrow, fields of law, which are still based on (and therefore tightly
circumscribed by) state consent; their embrace of individual rights does
not erode the general structure of international law, where, in principle, the
individual remains an object of protection . . . The Court’s decision might
even be a useful portent that the overstretched concept of the individualiza-
tion of international law has reached its useful limits.”10

The controversy about any potential “individualization” of interna-

tional law is at the same time a debate about the basic structure of the
system and must be seen in that context. The diagnosis of the German
scholar Christian Tomuschat, lecturer of the 1999 General Course on
Public International Law at the Hague Academy of International Law,
was that the international community had been “progressively moving
from a sovereignty-centred to a . . . individual-oriented system. . . .
The international legal order cannot be understood any more as being
6
Antônio Augusto Cançado Trindade, International Law for Humankind: Towards a New
Jus Gentium, Recueil des Cours 316 (2005), 9–444.
7
Ruti Teitel, Humanity’s Law (Oxford: Oxford University Press 2011). Ibid., 31:
“Humanity offers a distinctive subjectivity: the status of the human is a basis for new
and diverse claims, on the part of diverse voices that are new to international law and
politics.”
8
Theodor Meron, The Humanization of International Law (Leiden: Martinus Nijhoff
2006). See also Antonio Cassese, The Human Dimension of International Law: Selected
Papers, ed. Paola Gaeta and Salvator Zappalà (Oxford: Oxford University Press 2008).
9
Gerhard Hafner, The Emancipation of the Individual from the State under International
Law, Recueil des Cours 358 (2011), 263–453 (437). Hafner sought to apply “an anthropo-
centric approach to international law instead of a State-centric approach, without, how-
ever, losing sight to the present dynamic and contradictory structure of international law”
(Ibid., 287), and reached quite different conclusions from this study.
10
Klaus Ferdinand Gärditz, Bridge of Varvarin, American Journal of International Law 108
(2014), 86–93 (91; italics mine).
 1.2 b acklas h in t he age of b rics? 3

based exclusively on State sovereignty. . . . States are no more than

instruments whose inherent function it is to serve the interests of their
citizens as legally expressed in human rights. At the present time, it is by
no means clear which one of the two rivalling Grundnorms will or should
prevail in case of conflict. Over the last decades, a crawling process has
taken place through which human rights have steadily increased their
weight, gaining momentum in comparison with State sovereignty as
a somewhat formal principle”. Importantly, Tomuschat continued that
“[t]he transformation from international law as a State-centred system to
an individual-centred system has not yet found a definitive new
equilibrium”.11

1.2 Backlash in the Age of BRICSs?

In the new millennium, the global political and economic constellation
has changed with the rise of the BRICS States (Brazil, Russia, India,
China, and South Africa) and a concomitant decline of the United
States and Europe. The question is whether and how this power shift
affects the international legal system, and with this, the status of the
individual in it. Was the phenomenon of “humanization” or “individua-
lization” of international law only “a hallmark of the period of U.
S. leadership”12 which spread an ostensibly typically US-American “nar-
cissistic rights culture”?13 If this were the case, a reversal of the “indivi-
dualization” of international law would seem likely, because the voices of
non-Western States which have traditionally been more sceptical of the
purported “individualization” have gained more salience.
In post-Soviet Russian international law scholarship, the “debate
between the statist and the pro-individual school” had been initially
spearheaded by pro-individualists.14 In 1990, then President Yeltsin
11
Christian Tomuschat, International Law: Ensuring the Survival of Mankind on the Eve of
a New Century: General Course on Public International Law, Recueil des Cours 281
(1999), 11–438 (237 and 161–62; italics mine). See for the view that the current interna-
tional legal order is based on three pillars, namely peace, development, and human rights,
Emmanuelle Tourme-Jouannet, Le droit international (Paris: PUF Que sais-je 2013),
70–122.
12
William W. Burke-White, Power Shifts in International Law: Structural Realignment and
Substantive Pluralism, Harvard International Law Journal 56 (2015), 1–80 (77).
13
Georg Nolte/Helmut Philipp Aust, European Exceptionalism?, Global Constitutionalism
2 (2013), 407–436 (424).
14
Lauri Mälksoo, Russian Approaches to International Law (Oxford: Oxford University
Press 2015), 98.
4 de fi n i t i o n of th e q u e s t i o n

had declared at the first assembly of national deputies of the Russian

Federation “that from then onwards the ‘first sovereignty in Russia will
be the human being’”.15 But since then, the pro-individual school has not
gained ground in Russia. On the contrary, the Russian Statist school
seems to be dominant in the intellectual centres, and this fits to the
political climate under President Putin.16
Also the Chinese scholar and judge at the International Court of
Justice (ICJ), Hanquin Xue, insists on the centrality of the State for the
protection of human rights: “There are increasing communal interests
shared by all states, such as . . . human rights promotion and
protection . . ., but to realize these goals, States are the crucial actors at
both national and international level . . . Any weakening of the status and
role of the State, as demonstrated in many a case, could only mean more
misery and sufferings for individuals.”17 She also explains Chinese insis-
tence on non-intervention as a reaction to double standards applied by
the West.18
The insistence of China and Russia on State sovereignty, even at the
expense of human security, was manifest in the two States’ representa-
tives’ statements in the Security Council when vetoing, at two occa-
sions, draft resolutions which sought robust action against Syria, in
2011 and 2012. The proposals tabled in the Security Council reacted to
documented war crimes and crimes against humanity committed by
Syrian armed forces and the State’s manifest failure to protect its
population.19 Although the draft resolutions did not foresee a military
15
Ibid., quoting the Russian author M.V.Ill’in. 16 Ibid., 99.
17
Hanquin Xue, Comments on Hurrell, in: James Crawford/Sarah Nouwen (eds), Select
Proceedings of the European Society of International Law 3 (Oxford: Hart 2012),
27–29 (28).
18
Hanquin Xue, Chinese Contemporary Perspectives on International Law: History,
Culture and International Law, Recueil des Cours 355 (2011), 41–233 (153), speaking of
“China-bashing”: “[E]ven Western scholars admit that China has been subjected to
double standards in the assessment of its human rights performance. Such bias became
even more evident when human rights issues were driven by strategic interests and
economic benefits against China. Under such circumstances, it is not surprising that
China would invoke the principles of sovereignty and non-interference to defend its
socio-political system and reject double-standards in the human rights dialogue.”
19
See Francis Deng and Edward Luck, Special advisers of the UN Secretary General on the
Prevention of Genocide and on R2P. On the situation in Syria, Press Release 21 July 2011.
See on human rights violations, war crimes, crimes against humanity committed by
government forces notably the various reports of the Independent International
Commission of Inquiry on the Syrian Arab Republic, inter alia, UN Documents A/
HRC/19/69 of 22 February 2012, paragraph 126; A/HRC/21/50 of 16 August 2012, para-
graph 145; A/HRC/30/48 of 13 August 2015, paragraphs 165–167.
 1.2 b acklas h in t he age of b rics? 5

intervention but only demanded, inter alia, that the Syrian government
immediately put an end to all human rights violations and attacks
against persons exercising their rights to freedom of expression, peace-
ful assembly, and association,20 they were vetoed by China and Russia
with the argument that such measures would interfere unduly with
Syrian sovereignty.21
Against the background of the current “power shifts in interna-
tional law”, William Burke-White has recently found that the
“reassertion of the centrality of the State conflicts with the indivi-
dualization of international law” and has predicted that “[f]or legal
rules and regimes that seek to advance this individualization or draw
their effectiveness from it . . . the return of the state will likely have
pronounced negative consequences. Over time these regimes may be
ratcheted back as international law returns closer to its Westphalian
origins as a system of sovereignty, among sovereigns”.22
The re-insistence on the legitimate role of the State in the entire
system, and the potential “re-Vattelisation” of international law
going with it, has a number of reasons and motivations which are
only in part linked to the ongoing power shift. Steven Ratner has
usefully summarized the three main moral justifications for the
position that “the interests and claims of states . . . deserve serious
consideration alongside with the interests and claims of
individuals”:23 First, States have (some) “moral standing” when
they express the interests of their population (in a Kantian paradigm

20
Draft resolutions of 4 October 2011 (UN SCOR 66th sess., UN Doc. S/2011/612) and
4 February 2012 (UN Doc. S/2012/77). The draft texts also called for access for humani-
tarian aid, and the 2011 draft resolution in addition called for “vigilance and restraint”
over the transfer of arms (paragraph 9).
21
In 2011, the Russian delegate insisted on a “logic of respect for the national sovereignty
and territorial integrity of Syria as well as the principle of non-intervention, including
military, in its affairs” (UN Doc. S/PV.6627, 6627th meeting of 4 October 2011, 6 p.m.,
p. 3). The Chinese delegate asked that any Security Council resolution “should fully
respect Syria’s sovereignty, independence and territorial integrity. Most important, it
should depend upon whether it complies with the Charter of the United Nations and the
principle of non-interference in the internal affairs of States” (Ibid.). In 2012, the Russian
delegate deplored that the draft on humanitarian assistance was in reality “calling for
regime change” (UN Doc. S/PV.6711, 6711th meeting of 4 February 2014, 10 a.m., at p. 9).
The Chinese delegate vetoed the resolution because “the sovereignty, independence and
territorial integrity of Syria should be fully respected” (Ibid.).
22
Burke-White, Power Shifts, 2015, 77.
23
Steven Ratner, The Thin Justice of International Law (Oxford: Oxford University Press
2015), 85–87.
6 definition of the question

which is valid only for some States); second, States are vessels for the
creation of individual identity (in the communitarian paradigm).
Third – in my view most importantly − from a consequentalist
perspective, the State system “is in fact the best available structure
to advance individual welfare”.24 This claim has recently, not
the least due to political experience and empirical research, gained
more salience. We have come to realize that consolidated and well-
functioning States are an important factor for complying with
human rights norms.25 My own view is distinct from the three
views just mentioned; I would say that State sovereignty is being
recognized by positive international law as instrumental for securing
the well-being of humans.26 But whatever view on the State’s moral
standing one takes, we must pragmatically acknowledge that “[t]he
state system appears to be a fixed attribute of the international
order . . . as a practical matter, states remain the primary and indis-
pensable agents of individuals”.27
The ongoing re-emphasis on the importance of States, accompanied by
a certain backlash against “over-individualization”, might have been
triggered by the recognition that basic “Westphalian” principles such as
territorial integrity and the prohibition on the use of force have been
violated by leading powers (e.g., in 2003 by the United States with the
intervention in Iraq, and in 2014 by Russia with the annexation of
Crimea). Concomitantly, it is often perceived that these principles
deserve re-emphasis. Related reflections are that the so-called humani-
tarian intervention in Kosovo in 1999 is widely seen to have over-
stretched international law and that the application of the doctrine of
the responsibility to protect in Libya in 2011 has not improved the
situation of the population.

24
Ibid., 86.
25
Constructivist authors have identified the degree of Statehood as the most important
condition influencing the ability of States to comply, but the authors also encourage the
search for alternatives (Thomas Risse/Kathryn Sikkink, Conclusions, in: Thomas Risse/
Stephen C. Ropp/Kathryn Sikkink (eds), The Persistent Power of Human Rights: From
Commitment to Compliance (Cambridge: Cambridge University Press 2013), 275–295
(291–292)). Steven Pinker, The Better Angels of Our Nature: Why Violence Has Declined
(New York: Viking 2011) identifies as the single most important factor for the improve-
ment of human security the emergence of stable States (see ibid., 822, also 63, 66, and
passim).
26
Anne Peters, Humanity as the A and Ω of Sovereignty, European Journal of International
Law 20 (2009), 513–544.
27
Ratner, The Thin Justice, 86.
 1.3 t he legal a c q u i s i n d i v i d u e l 7

1.3 The Legal Acquis Individuel: Structure of the Book

However, political disappointment about the “failure” or “abuse” of
Western interventions in the Middle East and mere assertions of
a novel Statism are not able as such to destroy the global legal acquis
individuel. That acquis is the topic of this book. My overarching question
is how the phenomenon of the growth of individual rights and duties
under international law can be described, systematized, and evaluated in
a legally meaningful way.
To answer this question, the study will draw three lines. Firstly, I will
briefly recapitulate the history of ideas and the doctrine of the status
of individuals under international law, i.e., their international legal
personality (international legal subjectivity). This international legal
personality – provisionally understood here as the ability to have interna-
tional rights and duties28 – depends on the ideational background under-
standing, on the observer’s doctrinal conceptualization, and of course on
the state of positive international law. For these reasons, the historical
paradigms, the varying terminology, and the legal practice will be traced
briefly (Chapter 2), so that I can subsequently (in Chapter 3) propose
a definition of international legal personality I believe to be useful.
Secondly, the study will take up a comment by the International Law
Commission: “Individual rights under international law may also
arise outside the framework of human rights.”29 Even just a few decades
ago, the Federal Constitutional Court of Germany found this to be
unusual: “Outside the domain of the minimum standard for human rights,
current general international law only rarely contains norms establishing
(individual) ‘subjective’ rights or duties of private individuals directly at
the level of international law; its scope essentially covers the sovereign
international relations between States and associations of States; indivi-
dual rights or duties of private individuals are, as a general rule, estab-
lished or affected only indirectly via domestic law.”30 My survey of
current legal practice aims to show the extent to which international
legal rights (and duties) of individuals not relating to human rights
actually exist in current law – deviating from the legal situation
28
On the terms “international legal person/personality” and “international legal subject/
subjectivity” (used synonymously here), see Chapter 3.
29
ILC Commentary on Article 33 of the ILC Draft Articles on State Responsibility
(Yearbook of the International Law Commission (2001) Vol. II, Part 2, 94–95 (95, para-
graph 3; referring to PCIJ, Danzig, and ICJ, LaGrand; italics mine).
30
BVerfGE 46, 342 et seq., 362, Ruling of 13 December 1977 − philippinische
Botschaftskonten (italics mine).
Exploring the Variety of Random
Documents with Different Content
 Vimiera Almarez Orthes
Corunna Vittoria Aire
Douro Pyrenees Tarbes
Talavera Nive Toulouse
Busaco Nivelle Waterloo.

This splendid memorial is constructed of fine Grinshill stone; the total

expence, including the cottage and other incidentals, amounted to
£5973. 13s. 2d. which was raised by a subscription throughout the
county.
Within the shaft is a staircase of 172 steps, forming a well in the
centre, each step having an iron baluster with a gilt letter inserted on
a small panel, which gives the following inscription:—

“This staircase was the gift of John Straphen, the builder, as his
donation towards erecting this Column. The first stone of the
foundation was laid December 27th, 1814, and completed June
18th, 1816, the anniversary of the glorious Battle of Waterloo.”

The column may be ascended by a gratuity to the keeper, who

resides in a neat Doric cottage adjoining.
From the railing at the top is a delightful panoramic view of the fertile
plain of Shropshire, to which the bold appearance of Shrewsbury, and
its once formidable Castle mantled with leafy verdure, forms a
prominent contrast.
The surrounding distances are replete with interest, being composed
of fine undulating hills and mountains. Proceeding northward, the
eye ranges over the Nesscliff and Selattyn hills, the mountainous tract
of the Berwyn, the luxuriantly crowned summit of Pimhill, the wild
and romantic rock of Grinshill, and the gentler eminences of
Hawkstone, whose tasteful plantations and noble woods are seen at
a distance of twelve miles, among which rises the “Obelisk,” erected
to the memory of Sir Rowland Hill, the first Protestant Lord Mayor of
London.
In the foreground north-east is the plain, renowned in history, and
immortalized by Shakspeare in dramatic poetry, as the scene of the
great and important Battle of Shrewsbury, in 1403, in
commemoration of which Henry IV. piously founded a church, called
to this day “Battlefield,” the well-proportioned tower of which is easily
distinguished.
The turrets of the modern castellated mansion of Sundorne are
particularly striking, and remind us of the beautiful lines of Mrs.
Hemans—

The stately Homes of England,

How beautiful they stand!
Amidst their tall ancestral trees,
O’er all the pleasant land.

Further eastward are the venerable and truly picturesque ruins of

Haghmond Monastery, founded in the year 1100, for canons of the
order of St. Augustine. Near the remains of this once more noble pile
is the wooded ascent of Haghmond Hill, and its conspicuously placed
Shooting Tower, beneath which is the retired village of Uffington and
its primitive church.
Direct east stands exalted in noble majesty the isolated Wrekin, the
natural Heart of Shropshire, in front of which appears the exuberant
foliage surrounding Longner Hall. Directing the eye southwards, is
Charlton Hill, bounded by the towering summit of the Brown Clee
(1820 feet in height), and the Lawley, Acton Burnell Park, Frodesley,
and other Shropshire hills, among which is the lofty Caerdoc,
otherwise Caer Caradoc, where Caractacus (the last of the original
British princes) is said to have displayed his patriotism and daring
spirit against the united efforts of the Roman forces.
Onward in the horizon, beyond a remote cultivated country, is the
Longmynd with its straight outline, and the Stiperstones, topped by
rocks, similar to the august relics of castellated grandeur; these are
connected by the Bromlow and Long Mountain; and the panorama
terminates with the lofty mountains of Breidden, Cefn y Cayster, and
Moelygolfa, which, with more distant eminences, form a fine back-
ground to a portion of the town, while the middle distance all around
is unequalled for richness and fertility.
Nor, whilst extolling the environs and distant scenes around, let us
forget the immediate vicinity of the Column: its verdant pastures,
sequestered lanes, stately trees, and rural scenery, are surpassed by
none so near a populous county town.
 THE TOWN AND COUNTY GAOL

Is situated on a dry, beautiful, and salubrious eminence, a short

distance from the Castle.
The front of the prison displays rather a bold appearance, having two
rusticated stone lodges and a gateway in the centre; over the latter is
a bust of the philanthropic Howard, by Bacon.
The interior possesses every necessary convenience appropriate to its
purpose that sagacity and humanity can devise. It is spacious, airy,
and well supplied with water, by means of a pump worked by the
prisoners.
The governor’s house faces the gateway, and forms the southern
front of the building. The chapel stands in the centre of the whole,
and is lighted by a lantern surmounted by a gilt cross. It is
octagonal, and contrived that while all the prisoners may see the
clergyman, every class is so separated as to be hid from each other.
The prison is further divided into eight principal courts, besides other
smaller ones; these are surrounded by cloisters with groined arches;
above these are the sleeping cells, the communication to which is by
railed galleries. A due regard to the gradations of vice is strictly
observed in the classification of the prisoners, most of whom are
occupied during the day in some little manufactory or useful
employment, by which habits of industry are acquired that may
protect them from temptations to plunder or misconduct when
released from confinement.
Executions take place on the roof of the porter’s lodge.
The prison was begun in 1787, and completed (from a plan by Mr.
Haycock) in 1793, at an expense of about £30,000. The entire
building is surrounded by a strong brick wall, flanked with rusticated
stone buttresses.
 THE BUTTER AND POULTRY
MARKET,

on Pride-hill, was erected in 1819 by voluntary contributions

amounting to £2000. It is a building unworthy our town and the
ample produce brought to its weekly markets. In 1830 it was
adjudged to be taken down as being unsuitable and incommodious.
A meeting was held to arrange for a new building upon an improved
plan, the money to be raised by shares of £25 each, but
circumstances prevented this desirable undertaking, which is much to
be regretted, as complaints have long been made of the obstruction
in the thoroughfare (which is often attended with delay and danger)
on market and fair days, by persons exposing their goods and
marketables for sale in the street.
 THE CIRCUS BUTTER & CHEESE
MARKET,

from its situation near the Welsh Bridge, possesses superior

advantages for the conveyance of goods and general trade. It was
opened about the year 1822 by Mr. H. Newton.
 THE NEW BUTTER AND CHEESE
MARKET

Is an elegant and commodious edifice situated in Howard-street,

Castle-foregate, and possesses every requisite convenience for the
disposal of butter, cheese, and other agricultural produce, and
merchandize.

The exterior consists of a centre and two wings, the centre forming
the portico and principal entrance, which is decorated with two
Grecian columns and entablature. The whole of the front is
cemented, and possesses an unity of parts and a boldness of
proportion unusual in buildings of this description.
The interior is divided into two stories, the lower or basement being
vaulted with groined arches springing from brick piers, which afford
an equality of height in almost every part. The entrance to the
basement is on the north side, and (owing to the fall in the street) is
of sufficient height to admit a waggon. The canal is on the south
side, and nearly level with the floor of the basement, to which there
is a communication, affording a ready transit for goods.
The upper or principal floor of the Market contains an area of 5400
feet; the roof is supported by four rows of iron pillars; the centre part
being raised nine feet, has a range of windows on each side, by
which a proper ventilation is obtained as well as additional light.
Attached to the upper end of the building is a second entrance,
communicating with an office for the clerk of the market.
The first stone of the edifice was laid by Mr. W. H. Griffiths, May 28th,
1835, and was completed by that time in the next year, in a manner
creditable to the architects, Messrs. Fallows and Hart, of Birmingham.
 THE SALOP INFIRMARY.

Among the various channels through which the stream of christian

benevolence pursues its fertilizing course to the ocean of charity,
those Institutions which have for their express design the cultivation
of the mind and the alleviation of misfortunes which the casualties of
life and the infirmities of human nature render mankind alike heir to,
afford undoubtedly the safest application of real beneficence, being,
in a measure, free from that imposition with which an indiscriminate
charity has unfortunately so often to contend.

From the most remote period the virtuous breast has cultivated the
sublime desire of mitigating, as far as possible, the pain and
wretchedness consequent upon disease and suffering,—hence we
find that the munificence which characterised our forefathers
centuries ago was not altogether confined to the erection of
numerous places for Divine Worship, and for which our town was
early distinguished, but that the pleasing pain of sympathy prompted
them also to build and endow “Hospitals” for the reception of the sick
and diseased, and “Almshouses” for the aged and infirm. The first
record we possess of the existence of such charitable institutions in
Shrewsbury is as early as the time of Henry the Second, beside an
“Infirmary” founded by Earl Roger de Montgomery, within the
precinct of the “Abbey,” as an asylum for diseased and superannuated
monks, a fragment of which erection yet remains.
The rapacity, however, which disgraced the dissolution of Monasteries
and whatever sustained the character of a “Religious House,” has,
with a solitary exception, rendered these ancient Hospitals defunct;—
nor was it until the commencement of the last century that the
attention of the public was particularly directed to the foundation of
Hospitals or Infirmaries, and which, from the number of hospitals
erected in the course of that period, will, no doubt, be a memorable
age in the annals of Medical Charities;—whilst it may be no mean
compliment to our town and county to mention that its inhabitants
early caught the rising spark of this generous flame, and had the
distinguished honour of being the fifth in the kingdom to form the
way in establishing a Provincial Asylum, on the basis of public
benevolence,—the Salop Infirmary having commenced its salutary
operations April 25th, 1747.
The building which preceded the present stately erection having been
originally designed for a private residence, and although repeatedly
enlarged and improved, being found to be insufficient for the
accommodation of the additional number of patients consequent
upon an increasing population, as well as inconvenient in many
respects for the purpose it was designed to fulfil, it was resolved, at a
meeting held Nov. 16, 1826, that a new Infirmary should be built on
the site of the old one, at the estimated cost of about £16,000. As
there was, however, much disinclination on the part of the
subscribers present to take so large a sum from the funds of the
institution, a considerable portion of which, having been bequeathed
for its support, was therefore deemed sacred, a subscription was
resolved upon and commenced immediately, when no less than
£4,666 was subscribed by the noblemen and gentlemen then
present,—a truly noble example of Salopian Generosity.
In the month of April, 1827, the patients were removed to a
temporary infirmary, arranged in the Shrewsbury House of Industry;
upon which workmen immediately commenced taking down the old
building, and with such speed that on the 19th of July, the
anniversary of our late revered monarch’s coronation, the ceremony
of laying the first stone of the new structure was performed by the
Right Hon. Lord Hill, assisted by the late Venerable Archdeacon
Owen, some of the committee, with the contractors and surveyor.
The building thus auspiciously begun, proceeded rapidly to a
completion so as to be opened on September 16, 1830. It is of free-
stone, and of a plain Grecian character in design, 170 feet long by 80
feet high, having a Doric portico in the centre, the ends projecting
with pilasters at each angle. At the top of the building, on a tablet, is
the following inscription:—

SALOP INFIRMARY,
Established 1745,
Supported by Voluntary Subscriptions and Benefactions.
Rebuilt 1830.

The interior comprises four stories; in the basement story the offices,
to the number of twenty-two, are well arranged, having a convenient
court for coal, &c. and water supplied to the several apartments. The
principal floor is appropriated to the board room, dispensary, waiting
room for the patients, and admitting rooms for the faculty, with
private apartments for the house-surgeon and matron, and two
wards for surgical cases.
The first floor is for male patients, and consists of seven wards, with
a day-room, scullery, and bath rooms: the upper floor, for female
patients, has the same accommodation, with the addition of a large
and lofty operation room, enclosed by two pair of folding doors,
having wards on each side; in the attics are four other wards, with
nurses’ rooms, &c. The ascent to these apartments is by staircases
situated at each end of the building, connected by spacious galleries,
which afford the means of free ventilation.
In addition to the conveniences with which this elegant structure is
replete, the patent hot-water apparatus, erected for the purpose of
warming the Infirmary, must not be overlooked. The apparatus
consists of a boiler, placed in the basement floor of the building, from
which, by means of a pipe rising from its top, the water heated
therein is conveyed to the highest level required, from whence it
descends (in its passage to the boiler) to what are called the water
stoves, situated in the several galleries. By this mode of heating the
several apartments, opportunity is afforded not only of having a
supply of hot water to each scullery, bath, and floor, but nightly
attendance to the fire is rendered altogether unnecessary.
Whilst the interior accommodations of the Infirmary are highly
conducive to the health and comfort of the inmates, the external
arrangements are so constructed that such of the patients as are able
may possess every benefit resulting from exercise and pure air, a
spacious terrace having been constructed, and extending beyond the
length of the eastern front, from which a most expansive and
interesting view presents itself. In short, the whole of the
arrangements of the new Salop Infirmary are admirably adapted for
the purpose they are designed to fulfil, and whilst the workmanship,
the materials, and general construction are of the best description,
and reflect the highest credit on the several contractors, the building
it is to be desired will, from its site and general formation, remain a
lasting monument not only of Salopian liberality, but of general
usefulness.
The building was designed by Messrs. Haycock, of this town, and the
total expence of its erection was £18,735. 18s. 10d. of which sum
£13,044. 1s. 3d. was raised by public subscriptions and collections,
the balance being made up by the sale of a part of the capital stock
of the institution. The Infirmary is liberally supported by
subscriptions and benefactions. From its establishment to
Midsummer, 1835, the sum of £164,220. 11s. 3d. has been received
for its support; 44,058 in-patients admitted, and 72,328 outpatients
recommended as fit objects for its benefits.
The average annual expence is about £2230, and the weekly number
of patients in the house 82; and 2429 outpatients were relieved in
1835.
A treasurer is annually chosen, and the affairs of the house are
managed by eight directors, assisted by a secretary. The directors
are chosen from the trustees, who are subscribers of two guineas
and upwards per annum, of whom four retire from their office half-
yearly.
The domestic arrangements are under the care of a matron; and a
surgeon with a salary is resident in the house, so that medical aid
may be always at hand.
The medical officers of the establishment gratuitously devote their
time and apply their skill in promoting the benevolent design of the
institution.
The clergy of the town officiate by turns weekly as chaplains to the
house. And two weekly visitors from the resident subscribers go
round the wards, by which the patients have an opportunity of
stating any dissatisfaction that may exist, and having it reported to
the board of directors, who assemble every Saturday morning for the
dispatch of the ordinary business of the charity and the admission
and discharge of patients.
Every patient must be recommended by a subscriber, except in the
case of casualties.
The anniversary meeting is held in the Hunt week; when a numerous
assemblage of noblemen and gentlemen accompany the treasurer
from the Infirmary to St. Chad’s church, where a sermon is preached
and a collection made in aid of its funds, which always produces a
sum truly honourable to the county.
Several tables of legacies and benefactions for the support of the
Infirmary are fixed on the walls of the board room; and the cornice is
adorned with a series of armorial bearings of all the noblemen and
gentlemen who have filled the office of treasurer to the institution.
An auxiliary fund is attached to the hospital, for the purpose of
assisting convalescent in-patients in returning to their homes.
 EYE AND EAR DISPENSARY.

It would be superfluous to offer any observations on the importance

of the two senses of Vision and Hearing, or on the prevalence of the
various disorders to which the organs of those senses are liable; and
whilst a general resource has been provided for the poor in the noble
institution just noticed, for such diseases and accidents as they might
be afflicted with, it has been thought expedient to form separate
institutions for the relief of such disorders or defects in the human
frame as are found more prevalent; since by directing medical and
surgical skill to one particular object, efficient results may be the
more easily obtained. To further this design, the Shropshire Eye and
Ear Dispensary was established in 1818. During seventeen years of
its progress 3583 patients have been admitted, and, as among these
several have been restored to the blessing of sight, the institution is
deserving of public support.
The dispensary is held in Castle-street, under the care of a surgeon.
Annual subscribers of one guinea have, according to the original
resolution, the right of recommending two patients within the year;
but this is not in all cases strictly adhered to.
 ST. GILES’S HOSPITAL,

it is considered, was originally established for the reception of

persons afflicted with leprosy—a disease much more common among
the ancients and in warmer climates than in Europe, into which it is
said to have been introduced by the Crusaders in the time of Henry
the First. King Henry the Second, if not the founder of this hospital,
granted to it 30s. yearly (equal to £80 of modern currency) of the
rent which he received from the sheriff of Shropshire for the county,
towards the support of the infirm or diseased occupants, as well as a
small toll upon all corn and flour exposed to sale in Shrewsbury,
either on market days or otherwise. The original grant of money is
still paid by the sheriff to the Earl of Tankerville, who, as “Master of
the Hospital,” and holding certain lands for its maintenance,
nominates four hospitallers, who have each a comfortable house and
garden, adjoining St. Giles’s church-yard, with one shilling and
sixpence weekly, a small allowance for coal, and clothing annually.
 ST JOHN’S HOSPITAL,

although an asylum “for honest poverty and old age,” did not escape
the rapacity which characterised the dissolution of religious houses.
It stood in the suburb of Frankwell, near a place since called The
Stew. Speed notices its site in his map (1610); but not a fragment of
the building now remains.
 THE DRAPERS’ ALMSHOUSES.

The generally received opinion has been that these almshouses were
founded, in 1461, by Degory Watur, Draper, from the circumstance
that he lived himself in the centre house, or “almshouse hall,” among
the poor people, and whose practice (as a Manuscript Chronicle
records) was to attend them “dailye to our Lady’s Chirch, and to
kneel with them in a long pew in the quire made for them and
himself.”
The ancient records, however, of the Drapers’ Company show that a
building and endowment of almshouses by that company for poor
people existed long previous to the foundation attributed to Degory
Watur, who seems to have been only the founder in so far as their re-
erection took place, under his management, during his wardenship or
stewardship of the company, of which he was a member.
The old almshouses extended along the whole of the west side of St.
Mary’s church-yard: and, being much dilapidated and very
incommodious dwellings, they were taken down in 1825. The
present building, completed in the above year, from a design by Mr. J.
Carline, now consists of eighteen comfortable habitations, of two
chambers each; the front is in the old English style of architecture,
having in the centre a gateway within an embattled tower; in the
centre of the latter are the armorial bearings of the Drapers’
Company, with the motto “Unto God only be honour and glory.”
This re-edification, including the purchase of the land, cost the
Drapers’ Company upwards of £3000, from whose funds each of the
poor people receive annually about six pounds.
 ST. CHAD’S ALMSHOUSES

adjoin the cemetery of Old St. Chad’s, and were erected in 1409 by
Bennett Tipton, a public brewer, who lived in the College, and died in
1424. The allowance to the eleven poor occupants, “decayed old
men and women,” arises chiefly from a benefaction of £180 by David
Ireland, alderman of the town, and Catharine his wife; which is now
commuted to a rent charge of £8 on the Lythwood estate, the
proprietor of which nominates the alms-folk. Previous to the
Reformation the poor people received one penny a-week from the
Mercers’ Company, since which time the whole annual payment of the
Company has been only two shillings and two pence.
 HOUSE OF INDUSTRY.

This spacious and well-built structure stands on an eminence rising

from the Severn, which forms a beautiful object beneath. The site is
highly salubrious, and the prospect delightfully variegated by many
natural beauties. The majestic Wrekin, with an extensive tract of
country, is seen to the right; while the front presents a very general
view of the town, skirted by genteel residences partly obscured by
the foliage of The Quarry trees, which, with the towers of the Castle,
the lofty steeples of the churches and their glittering vanes, unite in
producing a scene diversified and impressive, especially when the
evening sun illumines the landscape, and gives to it that variety of
light and shadow which poets have associated as only belonging to
the scenes of enchantment and fairy land.
A fine terrace extends the whole length of the building, which was
erected (in 1760) for the reception of orphans from the Foundling
Hospital in London, at an expence of £12,000; but the funds of that
institution not proving adequate to the plan of sending children to
provincial hospitals, it was discontinued in 1774. It afterwards served
as a place of confinement for Dutch prisoners taken in the American
war; and in 1784 it was purchased under an act of parliament for
incorporating the five parishes of the town and that of Meole Brace in
the liberties, so far as concerned the maintenance of the poor, as a
general House of Industry for their admission and employment, under
the management of a board of directors.
Various circumstances, however, have concurred to render the
establishment a complete failure, both as regards the principles on
which it was founded, the economy to be effected, and the
advantages eventually to result in favour of the united parishes, the
select vestries of which now send but a small proportion of their poor,
and those are generally infirm, who are maintained by a contractor,
at a certain rate per head per week; but “averages” are still paid by
the several parishes, to keep the extensive buildings in repair, for a
salary to the chaplain, and other purposes of the institution, which
continues under the ostensible government of directors.
The dining hall is 115 feet in length, parallel with which is a chapel of
the same size, in which service is performed once every Sunday.
 HUMANE SOCIETY.

A Humane Society existed in this town in the year 1786, but, having
sunk from notice, was resuscitated in 1824, for the purpose of
preventing those fatal accidents which have been of frequent
occurrence during the bathing season, and often in the winter time,
when the river in a frozen state affords the amusement of skaiting.
The purpose of the society is to render prompt assistance in the use
of the most approved means for restoring suspended animation, from
whatever cause arising, and the rewarding of persons whose humane
and intrepid exertions have been instrumental in saving life, or,
although unsuccessful, such as to entitle their endeavours to the
thanks of society.
To accomplish these objects, watchmen, prepared with every
requisite apparatus, are stationed on the banks of the river, where
accidents at any time may be expected to occur, and receiving houses
are established, where every facility is afforded to employ remedies
for the restoring of life in those cases which hold out the slightest
hope of a recovery.
It may be mentioned that many instances have occurred by which a
just estimate can be formed of the positive good resulting from the
exertions of this Society, in rescuing persons from drowning.
 THE PRISON CHARITIES

were commenced about the year 1800, for the distribution of rewards
to promote the reformation and encourage the industry of criminals
confined within the prison walls; to relieve the wants of unfortunate
debtors; and to provide all those who are dismissed from prison with
a small sum for immediate maintenance, so as to prevent the great
temptation of committing crime for that purpose.
The annual subscription is limited to one guinea; and the institution
has met with a laudable support, principally among the gentry of the
county.
 THE PAROCHIAL CHARITIES

of this town have at different times been largely endowed by the

legacies of individuals who, in bidding the world adieu, were piously
moved to leave portions of their substance to be expended in “bread
to the poor,” clothing and apprenticing poor children, annual gifts of
money and garments to decayed housekeepers, and the general
improvement of all, by directing commemorative sermons to be
preached on particular anniversaries. In St. Chad’s parish two
hundred threepenny loaves are, on the average, distributed weekly
throughout the year.
 THE TOWN CHARITIES

were bequeathed for purposes in many respects similar to the

foregoing, and were under the management of the old Corporation;
but by the provisions of the Municipal Act the distribution of them is
vested in trustees appointed by the Lord Chancellor.
Several other charitable societies exist in the town, whose object is to
afford gifts of money, clothing, medical assistance, and religious
instruction, to the necessitous sick poor; as well as for the
distribution of the scriptures and the public formularies of the
established church, and for the propagation of christianity both at
home and abroad, the detail of which would exceed the prescribed
limits of this publication.
 CHARITY SCHOOLS.

“TO LEARNING’S SECOND SEATS WE NOW PROCEED.”

BOWDLER’s, OR THE BLUE SCHOOL,

Is situated in Beeches Lane, and is an oblong brick building, having in
the centre a glazed cupola, surmounted by a flying dragon. It was
founded in 1724, according to the will of Mr. Thomas Bowdler,
alderman and draper, for the instruction, clothing, and apprenticing
poor children of the parish of St. Julian.
Eighteen boys and 12 girls receive their education here, and attend
service at St. Julian’s church on Sundays, to which church Mr.
Bowdler was a great benefactor.—The number of scholars, from the
increased value of the property belonging to the school, is about to
be increased.

MILLINGTON’s SCHOOL & HOSPITAL.

This excellent institution and monument of private munificence
stands on an eminence in the suburb of Frankwell, which commands
an extensive prospect of the town, its churches, public buildings, and
more distant views.
The building consists of a handsome pedimented front, with a stone
portico, and two wings attached to the centre by a row of houses;
the summit is crowned by a bell turret.
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