The Maastricht Collection comprises a broad selection of legal instruments and provisions that have proven to be particularly relevant and useful to students and practitioners of international, European, and comparative law. The compilation is based on the long-standing expertise in teaching and researching European, international, and comparative national law at Maastricht University’s Faculty of Law. It includes codes and statutory legislation from France, Germany, the Netherlands, and the United Kingdom, international treaties and instruments of international organisations, as well as the Treaties and selected secondary legal instruments of the European Union. The provisions contained in The Maastricht Collection are reproduced in the original English or in the authentic English version, where applicable, or they are freshly translated under critical editorship. Many existing translations of written law, including officious translations available on government websites, are significantly out of date and not sufficiently faithful to the original. They often seek to turn old-fashioned or ambiguous original texts into modern and elegant English. Or, instead of translating, they seek to explain how certain terms or formulations are interpreted in practice. The translations contained in The Maastricht Collection remain true to the content, style, and syntax of the original as far as possible, allowing the reader to appreciate not only the substance but also the authentic form of legal sources. Next to a comprehensive update and revision of all the instruments contained in The Maastricht Collection, this sixth edition also contains a number of useful additions, such as legislation relating to Brexit and statutory legislation on criminal procedure. With these updates and additions, The Maastricht Collection now presents itself as an even more comprehensive resource for students of European, international, and comparative law.
The sixth edition is divided into four reader-friendly volumes:
Vol. I – International and European Law
Vol. II – Comparative Public Law
Vol. III – International and European Private Law
Vol. IV – Comparative Private Law
The four volumes of The Maastricht Collection are available both separately and as a complete set.
About the authors Sascha Hardt is Assistant Professor of Comparative Constitutional Law at Maastricht University. Nicole Kornet is Senior Lecturer in Commercial Law at Maastricht University and programme coordinator of the European Law School.
Preface to the sixth edition
Contents
Volume I: International and European Law
PART I International Law
Charter of the United Nations
Statute of the International Court of Justice
Convention on the Privileges and Immunities of the United Nations
United Nations and League of Nations Protocol No. I
Convention on the Rights and Duties of States (Montevideo Convention)
Draft Articles on Diplomatic Protection
Vienna Convention on Diplomatic Relations
Optional Protocol concerning the Compulsory Settlement of Disputes
United Nations Convention on the Law of the Sea (UNCLOS)
Vienna Convention on the Law of Treaties 1969
Vienna Convention on the Law of Treaties 1987 (International Organizations)
Draft Articles on Responsibility of States for Internationally Wrongful Acts
UN General Assembly Resolution A/RES/56/83 on the responsibility of States for internationally wrongful acts
Rome Statute of the International Criminal Court
Amendments to the Rome Statute of the ICC (Crime of Aggression; Elements of Crimes)
Elements of Crimes
General Agreement on Tariffs and Trade 1947
General Agreement on Tariffs and Trade 1994
Agreement Establishing the World Trade Organization
UN General Assembly Resolution A/RES/377 (V) “Uniting for Peace”
UN General Assembly Resolution A/RES/3314 (XXIX) “Definition of Aggression”
UN Security Council Resolution S/RES/660 (1990) “Iraq/Kuwait”
UN Security Council Resolution S/RES/661 (1990) “Iraq Sanctions”
UN Security Council Resolution S/RES/678 (1990) “Iraq/Kuwait/all necessary means”
UN Security Council Resolution S/RES/687 (1991) “Iraq/Kuwait”
UN Security Council Resolution S/RES/688 (1991) “Iraq/Kurdish population”
UN Security Council Resolution S/RES/794 (1992) “Somalia”
UN Security Council Resolution S/RES/836 (1993) “Bosnia Safe Areas”
UN Security Council Resolution S/RES/929 (1994) “Rwanda”
UN Security Council Resolution S/RES/940 (1994) “Haiti”
UN Security Council Resolution S/RES/1199 (1998) “Kosovo”
UN Security Council Resolution S/RES/1203 (1998) “Kosovo”
UN Security Council Resolution S/RES/1244 (1999) “Kosovo”
UN Security Council Resolution S/RES/1325 (2001) “Women and Security”
UN Security Council Resolution S/RES/1441 (2002) “Iraq”
UN Security Council Resolution S/RES/1540 (2004) “Weapons of Mass Destruction”
UN Security Council Resolution S/RES/1851 (2008) “Somalia”
UN Security Council Resolution S/RES/1970 (2011) “Peace and Security in Africa”
UN Security Council Resolution S/RES/1973 (2011) “Situation in Libya”
UN General Assembly Resolution A/RES/68/262 (2014) “Territorial integrity Ukraine”
UN Security Council Resolution S/RES/1368 (2001)
UN Security Council Resolution S/RES/1373 (2001)
PART II Fundamental Rights
Universal Declaration of Human Rights
Convention relating to the Status of Refugees
Protocol relating to the Status of Refugees
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Optional Protocol to the (ICESCR)
International Covenant on Civil and Political Rights (ICCPR)
Optional Protocol to the ICCPR
Second Optional Protocol to the ICCPR (Abolition of the Death Penalty)
Convention on the Elimination of all Forms of Discrimination against Women (CEDAW)
Optional Protocol to the CEDAW
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Optional Protocol to the CAT
Declaration on the Right to Development
Convention on the Rights of the Child (CRC)
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography
UN General Assembly Resolution A/RES/60/251 on the Human Rights Council
Human Rights Council Resolution A/HRC/RES/5/1 on Institution-building
UN Convention on the Rights of Persons with Disabilities (CRPD)
Optional Protocol to the CRPD
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
Protocols to the ECHR
Rules of Court of the European Court of Human Rights
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
European Social Charter
Additional Protocol to the European Social Charter Providing for a System of Collective Complaints
Charter of Fundamental Rights of the European Union
PART III European Union
Treaty on European Union
Tables of equivalences (TEU)
Treaty on the Functioning of the European Union
Protocols to the Treaties
Annexes to the Treaties
Declarations attached to the Treaties
Tables of Equivalences (TEU)
Rules of Procedure of the Court of Justice
Recommendations to National Courts and Tribunals, in Relation to the Initiation of Preliminary Ruling Proceedings
Commission Directive 70/50/EEC
Commission practice note on import prohibitions
Council Regulation (EC) No 2679/98
Council Directive 77/249/EEC
Directive 96/71/EC
Directive 98/5/EC
Council Directive 2003/86/EC
Council Directive 2003/109/EC
Directive 2004/38/EC
Directive 2005/36/EC
Directive 2006/123/EC
Regulation (EU) No 492/2011
Commission Regulation (EU) No 1407/2013
Commission Regulation (EU) No 651/2014
Commission Decision (EU) 2015/1584
Regulation No 17: First Regulation implementing Articles 85 and 86 of the Treaty
Commission Notice ‘De Minimis’ (2014/C 291/01)
Commission Notice on the definition of relevant market for the purposes of Community competition law(97/C 372/03)
Council Regulation (EC) No 1/2003
Council Regulation (EC) No 139/2004
Commission Regulation (EC) No 773/2004
Commission Regulation (EU) No 330/2010
Commission notice – Guidelines on the effect on trade concept contained in Articles 81 and 82 of the Treaty (OJ C 101, 27.4.2004)
Commission Notice on Immunity from fines and reduction of fines in cartel cases (2006/C 298/11)