TREATIES. Prof David K. Linnan USC LAW # 783 Unit 16

Size: px
Start display at page:

Download "TREATIES. Prof David K. Linnan USC LAW # 783 Unit 16"

Transcription

1 TREATIES Prof David K. Linnan USC LAW # 783 Unit 16

2 DEFINITION TREATY DEFINITION RE VIENNA CONVENTION ART 1(a) [T]reaty means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. NOTE IMPLICITLY AT LEAST IN CUSTOMARY LAW STILL MAY BE TREATIES INVOLVING AN INTERNATIONAL ORGANIZATION, OR ORAL UNDERTAKINGS

3 US VS FOREIGN LAW TREATIES IN INTERNATIONAL LAW 1. Leading source under modern doctrine (ICJ Statute art 38) a. Good for instant law b. Complications with other int l law sources c. Remember difference between political agmt & treaty [Off the record] 2. Distinguish US art II constitutional treaty from international law treaty (encompassing, ie, all forms of US international agreements both treaty & executive agreement) [Off the record] [Off the record] [Off the record] 3. Formal interpretation rules separate in dualistic system, and interpretation rules in int l sources (i.e., Vienna Convention on Law of Treaties (1969), especially art 31 & 32) CANNOT INTERPRETE TREATY LIKE DOMESTIC LEGISLATION DUE TO TECHNICAL RULE DIFFERENCES

4 FUNCTIONS TREATIES IN INTERNATIONAL LAW (CONT D) 4. Multilateral versus bilateral (or small number of states) 5. Issues re older adminstration coordination (e.g., Postal Union) against newer framework vs package deal approaches as with environmental treaties 6. Issues re constitutional function for int l organizations CONSULT BASIC ASIL ONLINE TREATY SOURCES FOR RESEARCH PURPOSES

5 VIENNA CONVENTION VIENNA CONVENTION & CUSTOMARY LAW 1. Treaties as agreements intended to have legal effect versus non-binding or political undertakings [Off the record] [Do you agree?] 2. Vienna Convention (1969) viewed generally as codification of customary law rules, some progressive development (US position as non-signatory) [Off the record] 3. Vienna Convention, however, covers only treaties between states in written form, thus leaving out unwritten treaties (recognized in customary law), treaties involving international organizations as parties (UN, etc.), state succession (on which there is a parallel 1986 Vienna Convention covering treaties involving international organizations concerning which there is more controversy)

6 DOCTRINE WHAT IS A TREATY? 1. Distinction with political undertaking [Off the record] [Off the record] 2. Distinction with commercial contracts between states, or states and private parties (ie, for wheat delivery) 3. Issue whether purely determined by party intent, versus objective criteria like subject matter 4. Unilateral undertakings can be treaties (Legal Status of Eastern Greenland (Norway v, Denmark) PCIJ 1933)

7 CAPACITY CAPACITY AND AUTHORITY TO CONCLUDE AGREEMENTS 1. Remember one of four elements of being a state (constitutive vs declarative views) 2. Capacity being judged at state level (ie, non-self governing territory like a colony, also problems of federal states) 3. Authorization being judged at level of individual representative, although less an issue in practical terms in today s world of instant communications 4. Full powers (Vienna Convention art 2(1)(c))versus authority by virtue of position (Vienna Convention art 7; head of state, head of government, foreign minister conclusively presumed to be authorized)

8 PROCESS I TREATY PROCESS 1. Adoption and authentication of text 2. Signature 3. Ratification 4. Acceptance/approval 5. Accession

9 PROCESS II TREATY PROCESS (CONTD) 6. Reservations (for multilateral treaties) a. Permissibility (is it inconsistent with basic object and purpose of the treaty) re Vienna Convention art 19 [Off the record] b. Acceptance (assuming permissibility, states can refuse reservation with effect of differentiated obligations as to different states under multilateral treaties re Vienna Convention art 20)) c. May be excluded specifically (i.e., package deal under LOS) [Off the record] [Off the record] [Off the record]

10 GOOD FAITH GOOD FAITH ISSUES 1. Obligation not to defeat object of treaty between reservation and accession [Off the record] 2. Changed circumstances problem and when basic assumptions underlying treaty have changed sufficiently to justify releasing obligations 3. Pacta sunt servanda as including good faith

11 INTERPRETATION PROBLEMS OF TREATY INTERPRETATION 1. Unilateral party interpretations versus authentic interpretations of all concerned (reservation vs interpretation) 2. Domestic interpretation problems (ie, legislative versus executive as under antiballistic missile treaty) 3. Primary reliance on textual interpretation (art 31 Vienna Convention, versus interpretation of parties intent based on preparatory materials (art 32 Vienna Convention) (opposition to US legislative interpretation approaches) a. Objective or ordinary meaning of text approach b. Subjective or intention of the parties approach c. Teleological or treaty aims & objectives REMEMBER, TREATIES NOW WITH REAL DOMESTIC LAW EFFECT LIKE NAFTA AGREEMENT FOLLOWS THESE RULES & NOT LEGISLATIVE INTERPRETATION RULES

12 AMENDMENT & MOD PROBLEMS OF TREATY AMENDMENT VERSUS MODIFICATION Difference between amendment (Vienna art 40) and modification (Vienna art 41) lies in modification being a side agreement between parties concerning the treaty with no effect on 3-P treaty members, while amendment is circulated among all parties to treaty for comment. After the amendment is circulated and approved, it will normally be binding only upon those who are parties to the amendment (often called in practice a protocol, like the Montreal Protocol on Ozone Protection in a framework approach context)

13 TREATY VALIDITY BASES FOR CHALLENGING TREATY VALIDITY 1. Municipal law non-compliance (manifest)(vienna Convention art 46) 2. Error (art 48) 3. Fraud & corruption (art 49 & 50) 4. Coercion (art 51 & 52) 5. Jus cogens (art 53)

14 MUNI LAW BASES FOR CHALLENGING TREATY VALIDITY (CONTD) Municipal law non-compliance (Vienna art 46) Normal rule is that foreign states need not worry about municipal law, so requirement must be manifest and objectively evident to any state conducting itself in the matter in accordance with normal practice and in good faith.

15 ERROR BASES FOR CHALLENGING TREATY VALIDITY (CONTD) Error (Vienna art 48) [E]rror relates to a fact or situation which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty. In practice, error recognized mostly in territorial boundary context.

16 FRAUD BASES FOR CHALLENGING TREATY VALIDITY (CONTD) Fraud and corruption (Vienna art 49 & 50) Basically, fraudulent inducement to conclude a treaty at State level plus bribery of other State s negotiating representative

17 COERCION BASES FOR CHALLENGING TREATY VALIDITY (CONTD) Coercion (Vienna art 51 & 52) Either at the level of individual representative negotiating, or at the State level if violation of UN Charter art 2(4), but political and economic coercion not enough at State level

18 JUS COGENS BASES FOR CHALLENGING TREATY VALIDITY (CONTD) Jus cogens (Vienna art 53) No derogation of preemptory norms, mostly genocide, slavery, use of unlawful force [Off the record]

19 TERMINATION I TERMINATION OF A TREATY 1. Provision or consent (Vienna Convention art 54) 2. Material breach (art 60) 3. Supervening impossibility (art 61) 4. Fundamental change of circumstances (art 62) Off the record] [Off the record] [Off the record]

20 TERMINATION II TERMINATION OF A TREATY (CONTD) 1. Termination normally of agreement as a whole (but can be selective as to parties (Vienna Convention art 57 & 58) 2. Prospective effect only, not disturbing (art 70) [Off the record] 3. Suspension of a treaty is effective temporary termination with possibility springs back to life (art 57 & 58)

21 SUCCESSION TREATY OBLIGATIONS AND STATE SUCCESSION 1. Vienna Convention specifically takes no position on succession (Vienna Convention art 73) ILC Vienna Succession Treaty follows clean slate view, contentious, with US view that customary law broader [Off the record] [Off the record] 3. Consensus that border treaties enjoy succession

PUBLIC INT L LAW CLASS ELEVEN TREATIES. Prof David K. Linnan USC LAW # /28/03

PUBLIC INT L LAW CLASS ELEVEN TREATIES. Prof David K. Linnan USC LAW # /28/03 PUBLIC INT L LAW CLASS ELEVEN Prof David K. Linnan USC LAW # 783 10/28/03 IN INTERNATIONAL LAW Leading source under modern doctrine Distinguish US constitutional treaty from international law treaty (encompassing,

More information

Vienna Convention on the Law of Treaties 1969

Vienna Convention on the Law of Treaties 1969 Vienna Convention on the Law of Treaties 1969 Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331 Copyright United Nations 2005 Vienna

More information

Vienna Convention on the Law of Treaties

Vienna Convention on the Law of Treaties Vienna Convention on the Law of Treaties The Convention was adopted on 22 May 1969 and opened for signature on 23 May 1969 by the United Nations Conference on the Law of Treaties. The Conference was convened

More information

United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations

United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations Vienna, Austria 18 February 21 March 1986 Document:- A/CONF.129/15

More information

VIENNA CONVENTION ON THE LAW OF TREATIES

VIENNA CONVENTION ON THE LAW OF TREATIES VIENNA CONVENTION ON THE LAW OF TREATIES SIGNED AT VIENNA 23 May 1969 ENTRY INTO FORCE: 27 January 1980 The States Parties to the present Convention Considering the fundamental role of treaties in the

More information

United Nations Convention on the Law of Treaties, Signed at Vienna 23 May 1969, Entry into Force: 27 January United Nations (UN)

United Nations Convention on the Law of Treaties, Signed at Vienna 23 May 1969, Entry into Force: 27 January United Nations (UN) United Nations Convention on the Law of Treaties, Signed at Vienna 23 May 1969, Entry into Force: 27 January 1980 United Nations (UN) Copyright 1980 United Nations (UN) ii Contents Contents Part I - Introduction

More information

Podpora cizojazyčného profilu výuky práva na PF UP. reg. č.: CZ.1.07/2.2.00/

Podpora cizojazyčného profilu výuky práva na PF UP. reg. č.: CZ.1.07/2.2.00/ Podpora cizojazyčného profilu výuky práva na PF UP reg. č.: CZ.1.07/2.2.00/15.0288 The Law of Treaties 2 nd part The Law of Treaties I. Scope, definitions Making of treaties negotiations, adoption, signature,

More information

INTERNATIONAL TREATIES

INTERNATIONAL TREATIES 1. Types 2. Conclusion 3. Entry into force 4. Reservations 5. Observance 6. Pacta sunt servanda 7. Application 8. Interpretation 9. Treaties and Third States 10. Amendment 11. Invalidity 12. Termination

More information

PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS. Prof David K. Linnan USC LAW # 783 Unit Seventeen

PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS. Prof David K. Linnan USC LAW # 783 Unit Seventeen PEACEFUL DISPUTE RESOLUTION, ARBITRATION & INTERNATIONAL TRIBUNALS Prof David K. Linnan USC LAW # 783 Unit Seventeen PEACEFUL SETTLEMENT HISTORY 1. Modern history of int l arbitration reaching back to

More information

a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; Mischellaneous Info: Statehood: 1933 Montevideo Convention on Rights and Duties of States 1. A permanent population 2. A defined territory 3. Government (stable political organisation; cf failed states

More information

Provisional Record 5 Eighty-eighth Session, Geneva, 2000

Provisional Record 5 Eighty-eighth Session, Geneva, 2000 International Labour Conference Provisional Record 5 Eighty-eighth Session, Geneva, 2000 Consideration of the 1986 Vienna Convention on the Law of Treaties between States and International Organizations

More information

PUBLIC INT L LAW CLASS SIX TERRITORIAL SOVEREIGNTY. Prof David K. Linnan USC LAW # /23/03

PUBLIC INT L LAW CLASS SIX TERRITORIAL SOVEREIGNTY. Prof David K. Linnan USC LAW # /23/03 PUBLIC INT L LAW CLASS SIX TERRITORIAL Prof David K. Linnan USC LAW # 783 09/23/03 Concepts at stake: 1. Traditional ideas of terra nullius and savage society versus locally organized peoples 2. Intertemporal

More information

INTERPRETATION IN INTERNATIONAL LAW

INTERPRETATION IN INTERNATIONAL LAW INTERPRETATION IN INTERNATIONAL LAW Interpretation in international law? Are there any principles concerning the interpretation of international law? What is the legal character of these principles? Do

More information

Interpretation of Tax Treaties under International Law

Interpretation of Tax Treaties under International Law Interpretation of Tax Treaties under International Law A study of Articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties and their application to tax treaties Franciscus Antonius Engelen

More information

Diploma Examination Public International Law

Diploma Examination Public International Law Diploma Examination Public International Law Prof. Schmalenbach / SS 2012 Case I) State A and State B (both members of the UN) share a common border but their relation is tense. One day, three border guards

More information

UN CHARTER & STRUCTURAL ASPECTS. Prof David K. Linnan USC LAW # 783 Unit Nine

UN CHARTER & STRUCTURAL ASPECTS. Prof David K. Linnan USC LAW # 783 Unit Nine UN CHARTER & STRUCTURAL ASPECTS Prof David K. Linnan USC LAW # 783 Unit Nine BACKGROUND I POLITICAL VS LEGAL BACKGROUND 1.Atlantic Charter August 1941 pre-us entry into WW II US-UK discussions of future

More information

Note on Article 20 of the Law on International Treaties of the Republic of Kazakhstan

Note on Article 20 of the Law on International Treaties of the Republic of Kazakhstan Warsaw, 20 September 2005 Opinion-Nr.: GEN KAZ/039/2005 (IU) www.legislationline.org N O N P A P E R Note on Article 20 of the Law on International Treaties of the Republic of Kazakhstan Aleje Ujazdowskie

More information

Guide to Practice on Reservations to Treaties

Guide to Practice on Reservations to Treaties Guide to Practice on Reservations to Treaties 2011 Adopted by the International Law Commission at its sixty-third session, in 2011, and submitted to the General Assembly as a part of the Commission s report

More information

Vienna Convention on Succession of States in respect of Treaties

Vienna Convention on Succession of States in respect of Treaties Downloaded on September 24, 2018 Vienna Convention on Succession of States in respect of Treaties Region Subject International Relations Sub Subject Type Conventions Reference Number Place of Adoption

More information

Binding international norms, jus cogens

Binding international norms, jus cogens European Journal of Sustainable Development (2016), 5, 3, 318-324 ISSN: 2239-5938 Doi: 10.14207/ejsd.2016.v5n3p318 Binding international norms, jus cogens Erjona Ramaj 1 Abstract Article 53 of the Vienna

More information

UN SECURITY COUNCIL RESOLUTIONS AS AUTHORIZATION FOR THE USE OF FORCE

UN SECURITY COUNCIL RESOLUTIONS AS AUTHORIZATION FOR THE USE OF FORCE UN SECURITY COUNCIL RESOLUTIONS AS AUTHORIZATION FOR THE USE OF FORCE Collective Security under Chapter VII of the UN Charter Kandidatnr: 371 Veileder: Ivar Alvik Leveringsfrist: 25. november 2003 Til

More information

Table of Contents. 1. Topic & Concept Summaries

Table of Contents. 1. Topic & Concept Summaries Table of Contents Topic and Concept Summaries 1 Sources of International Law 6 Treaties 12 Subjects of International Law 21 Jurisdiction and Immunity 28 The Individual in International Law 35 The Law of

More information

Reservations to Treaties, Prohibited Reservations and some Unsolved Issued Related to Them

Reservations to Treaties, Prohibited Reservations and some Unsolved Issued Related to Them Reservations to Treaties, Prohibited Reservations and some Unsolved Issued Related to Them Fjorda Shqarri Phd candidate, Faculty of Law, University of Tirana, Professor at Faculty of Law, University of

More information

VLADA REPUBLIKE HRVATSKE

VLADA REPUBLIKE HRVATSKE ( Narodne novine međunarodni ugovori broj 12. od 15.10.1993.) VLADA REPUBLIKE HRVATSKE Na temelju članka 23. stavka 3. Zakona o Vladi Republike Hrvatske (»Narodne novine«broj 41/90, 8/91, 14/91, 53A/91,

More information

INTERNATIONAL PUBLIC POLICY, TRANSNATIONAL PUBLIC POLICY: DEFINING THE CONCEPT Kyiv, 14 November 2013

INTERNATIONAL PUBLIC POLICY, TRANSNATIONAL PUBLIC POLICY: DEFINING THE CONCEPT Kyiv, 14 November 2013 INTERNATIONAL PUBLIC POLICY, TRANSNATIONAL PUBLIC POLICY: DEFINING THE CONCEPT Kyiv, 14 November 2013 Oleksiy Didkovskiy Managing Partner reaching the stars for our clients [Public policy is] a very unruly

More information

CHAPTER FIVE: TREATIES Pages 81-98

CHAPTER FIVE: TREATIES Pages 81-98 CHAPTER FIVE: TREATIES Pages 81-98 Introduction. No state in the entire history of international law has ever been heard to claim that treaties are not legally binding. Of course, some states have broken

More information

HUMAN TRAFFICKING CLASS ONE INTRODUCTION AND LEGAL BASICS

HUMAN TRAFFICKING CLASS ONE INTRODUCTION AND LEGAL BASICS HUMAN TRAFFICKING CLASS ONE INTRODUCTION AND LEGAL BASICS Prof. David K. Linnan UI-USC-UniKoeln-UGM-UNDIP-USU Univ. of South Carolina Joint Videoconferencing Class School of Law January 15, 2003 TRAFFICKING

More information

Commission would continue along the lines advocated by Syria. 44 UNITED ARAB REPUBLIC

Commission would continue along the lines advocated by Syria. 44 UNITED ARAB REPUBLIC 148 Commission would continue along the lines advocated by Syria. 44 UNITED ARAB REPUBLIC In elaborating its draft articles, the International Law Commission had sought to orient them towards a universal

More information

T H E I N T E R N A T I O N A L

T H E I N T E R N A T I O N A L W A L T E R G E H R T H E I N T E R N A T I O N A L L A W O F T R E A T I E S On the Internet: www.public-international-law.net 2 0 0 9 Justice without might is helpless, might without justice is tyrannical

More information

The international legal implications of a unilateral withdrawal by the United Kingdom from the European Union

The international legal implications of a unilateral withdrawal by the United Kingdom from the European Union BREXIT Seminar Week 7: Post-BREXIT Effects of Pre-BREXIT Measures, and Implications of BREXIT Otherwise than Pursuant to Article 50 of the Treaty of the European Union The seventh BREXIT seminar was held

More information

Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015

Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Time schedule of the class 09.04.2015 Basics of unification of law: notion, purposes, history 16.04.2015 Methods of unification

More information

Contemporary Issues in International Law. Syllabus Golden Gate University School of Law Spring

Contemporary Issues in International Law. Syllabus Golden Gate University School of Law Spring Contemporary Issues in International Law Syllabus Golden Gate University School of Law Spring - 2011 This is a fourteen (14) week designed to provide students with the opportunity to understand how principles

More information

Public International Law

Public International Law LAWS5005 Public International Law Exam problem question notes SOURCES OF INTERNATIONAL LAW Issue: is there a rule of international law? Article 38 ICJ Statute Treaty provision: article 38(1)(a): A treaty

More information

International Legal Instruments --Interpretation and Application-- By Carlton Stoiber

International Legal Instruments --Interpretation and Application-- By Carlton Stoiber International Legal Instruments --Interpretation and Application-- By Carlton Stoiber 1 PREAMBULAR PARAGRAPHS NOT LEGALLY BINDING PROVIDE AN AID TO INTERPRETATION/APPLICATION MAY SET FORTH GENERAL OBJECTIVES

More information

UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG]

UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG] Go to CISG Table of Contents Go to Database Directory UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (1980) [CISG] For U.S. citation purposes, the UN-certified English text

More information

CHAPTER VI SIGNIFICANCE OF FORMATION PROCESS OF INTERNATIONAL TREATY UNDER INTERNATIONAL LAW

CHAPTER VI SIGNIFICANCE OF FORMATION PROCESS OF INTERNATIONAL TREATY UNDER INTERNATIONAL LAW CHAPTER VI SIGNIFICANCE OF FORMATION PROCESS OF INTERNATIONAL TREATY UNDER INTERNATIONAL LAW 6.1 Introduction and Definition of Treaty: The examination of the process of formation or conclusion of a treaty

More information

CHAPTER 2 THE SOURCES OF INTERNATIONAL LAW PROFESSOR DR. ABDUL GHAFUR HAMID

CHAPTER 2 THE SOURCES OF INTERNATIONAL LAW PROFESSOR DR. ABDUL GHAFUR HAMID CHAPTER 2 THE SOURCES OF INTERNATIONAL LAW PROFESSOR DR. ABDUL GHAFUR HAMID Introduction Every legal system has its own sources of law. A rule of law must come from a particular source. What type of law

More information

INTERNATIONAL TREATIES AND THIRD PARTIES

INTERNATIONAL TREATIES AND THIRD PARTIES OPINIO JURIS Volume 01 Januari - Maret 2010 INTERNATIONAL TREATIES AND THIRD PARTIES Oleh Muniroh Rahim I. INTRODUCTION Preface The general principles of international law among others are treaties and

More information

Gender, Sexuality and IHRL. Oxford Summer 2017

Gender, Sexuality and IHRL. Oxford Summer 2017 Gender, Sexuality and IHRL Oxford Summer 2017 GENDER, SEXUALITY & IHRL Jus Cogens....... 1 The doctrine of jus cogens..... 1 Human rights as norms of jus cogens. 1 Women s rights as human rights. 3 Women

More information

Dapo Akande* and Sangeeta Shah**

Dapo Akande* and Sangeeta Shah** The European Journal of International Law Vol. 22 no. 3 EJIL 2011; all rights reserved... Immunities of State Officials, International Crimes and Foreign Domestic Courts: A Rejoinder to Alexander Orakhelashvili

More information

Mehrdad Payandeh, Internationales Gemeinschaftsrecht Summary

Mehrdad Payandeh, Internationales Gemeinschaftsrecht Summary The age of globalization has brought about significant changes in the substance as well as in the structure of public international law changes that cannot adequately be explained by means of traditional

More information

2. Pacta sunt servanda means that every treaty in force is binding upon the parties to it and must be performed by them in good faith.

2. Pacta sunt servanda means that every treaty in force is binding upon the parties to it and must be performed by them in good faith. / 1. The United States belongs to the Organization for Economic Cooperation and Development. United States - AICPA - BUSPROG - BB-Legal 2. Pacta sunt servanda means that every treaty in force is binding

More information

General intellectual property

General intellectual property General intellectual property 1 International intellectual property jurisprudence after TRIPs michael blakeney A. International law and intellectual property rights As in many other fields of intellectual

More information

Sources of International Law. Cecilia M. Bailliet

Sources of International Law. Cecilia M. Bailliet Sources of International Law Cecilia M. Bailliet Malcom Evans, International Law 4th Ed. OUP Treaty Collection Read Blogs and Journals International Law Blogs European Journal of International Law: Talk!

More information

A/CN.4/SR Contents

A/CN.4/SR Contents Provisional For participants only 2 August 2016 English Original: French International Law Commission Sixty-seventh session (second part) Provisional summary record of the 3270th meeting Held at the Palais

More information

The Application of other public international laws in WTO dispute settlement.

The Application of other public international laws in WTO dispute settlement. The Application of other public international laws in WTO dispute settlement. Abstract. While WTO laws are international treaties and hence part of international law, they were not as such regarded as

More information

Eighth Additional Protocol to the Constitution of the Universal Postal Union

Eighth Additional Protocol to the Constitution of the Universal Postal Union Eighth Additional Protocol to the Constitution of the Universal Postal Union Constitution, Additional Protocol Eighth Additional Protocol to the Constitution of the Universal Postal Union Contents Article

More information

The Kosovo Opinion and General International Law: How Far-reaching and Controversial is the ICJ s Reasoning?

The Kosovo Opinion and General International Law: How Far-reaching and Controversial is the ICJ s Reasoning? The Kosovo Opinion and General International Law: How Far-reaching and Controversial is the ICJ s Reasoning? Dr. Jure Vidmar I. Introduction Is the Kosovo Advisory Opinion actually a Non-Opinion? 1 This

More information

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 22.12.2000 COM(2000) 883 final Proposal for a COUNCIL DECISION concerning the signing of the Agreement between the European Community and the Republic of

More information

The Effects of Intellectual Property Conventions

The Effects of Intellectual Property Conventions The Effects of Intellectual Property Conventions Kourosh Safarkopaieh Abstract: In general view, conventions originally is not any treaty, it is a sort of treaty law so the effects of both of them is similar

More information

EC Convention on the Law Applicable to Contractual Obligations (Rome 1980) European Union

EC Convention on the Law Applicable to Contractual Obligations (Rome 1980) European Union European Union Copyright 1980 European Union ii Contents Contents Title I - Scope of the Convention 2 Article 1 - Scope of the Convention 2 Article 2 - Application of law of non-contracting States 2 Title

More information

In addition, generally accepted abbreviations are used.

In addition, generally accepted abbreviations are used. Summary This study analyzes the rule of the law of treaties permitting the provisional application of treaties or parts thereof, which usually occurs between signature and ratification (article 25 of the

More information

SETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat

SETTLEMENT OF DISPUTES CLAUSES. [Agenda item 15] Note by the Secretariat SETTLEMENT OF DISPUTES CLAUSES [Agenda item 15] DOCUMENT A/CN.4/623 Note by the Secretariat [Original: English] [15 March 2010] CONTENTS Multilateral instruments cited in the present document... 428 Paragraphs

More information

Translated from Spanish Mexico City, 31 January Contribution of Mexico to the work of the International Law Commission on the topic jus cogens

Translated from Spanish Mexico City, 31 January Contribution of Mexico to the work of the International Law Commission on the topic jus cogens 1 Translated from Spanish Mexico City, 31 January 2017 Contribution of Mexico to the work of the International Law Commission on the topic jus cogens The present document constitutes Mexico s response

More information

EUROPEAN AGREEMENT CONCERNING THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD (ADR) Article 1

EUROPEAN AGREEMENT CONCERNING THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD (ADR) Article 1 EUROPEAN AGREEMENT CONCERNING THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD (ADR) THE CONTRACTING PARTIES, DESIRING to increase the safety of international transport by road, HAVE AGREED as follows:

More information

Contemporary Validity of Customary International Law with Reference to International Law Making Process

Contemporary Validity of Customary International Law with Reference to International Law Making Process Contemporary Validity of Customary International Law with Reference to International Law Making Process W Seneviratne Department of Public and International Law, Faculty of Law, University of Colombo,

More information

International human rights obligations: enforcement, compliance, and effectiveness Adrienne Komanovics University of Pécs, Hungary

International human rights obligations: enforcement, compliance, and effectiveness Adrienne Komanovics University of Pécs, Hungary International human rights obligations: enforcement, compliance, and effectiveness Adrienne Komanovics University of Pécs, Hungary Komanovics Adrienne, 2014 1 Implementation - compliance Implementation

More information

UN Treaty Handbook adapted for the FCTC

UN Treaty Handbook adapted for the FCTC UN Treaty Handbook adapted for the FCTC I. DEPOSITING MULTILATERAL TREATIES The Secretary-General of the United Nations shall be the Depositary of this Convention and amendments thereto and of protocols

More information

Threat or Use of Force at Sea

Threat or Use of Force at Sea Faculty of Law Threat or Use of Force at Sea Assessing the Adequacy of the Convention on the Law of the Sea Sarah Goyette Master thesis in Law of the Sea August 2014 TABLE OF CONTENTS ABBREVIATIONS.. 1

More information

Further recalling the general principle of the protection of the civilian population against the effects of hostilities,

Further recalling the general principle of the protection of the civilian population against the effects of hostilities, CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE EXCESSIVELY INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS AS AMENDED ON 21 DECEMBER 2001 The

More information

United Nations Conference on the Law of Treaties

United Nations Conference on the Law of Treaties United Nations Conference on the Law of Treaties Vienna, Austria First session 26 March 24 May 1968 Document:- A/CONF.39/C.1/SR.41 41st meeting of the Committee of the Whole Extract from the Official Records

More information

PART 1 - checklists Course breakdown

PART 1 - checklists Course breakdown PART 1 - checklists Course breakdown 1) Nature + customary international law 2) Law of treaties + other sources of international law 3) Sovereignty and territory 4) Maritime jurisdiction 5) State responsibilities

More information

PROF. ANNA CONLEY (406)

PROF. ANNA CONLEY (406) INTERNATIONAL LAW AND ORGANIZATIONS (REVISED 1.25.17) SPRING 2017 TUESDAYS AND THURSDAYS, FINE ARTS 302, 12:30-1:50 PROF. ANNA CONLEY Anna.Conley@mso.umt.edu (406) 830-0367 OVERVIEW OF COURSE: This course

More information

University of Baltimore School of Law Spring 2019

University of Baltimore School of Law Spring 2019 University of Baltimore School of Law Spring 2019 Course: International Law 729-511 Instructor: Professor Nienke Grossman Office Hours: Wednesdays, 10:30 to 11:30 am, or by appointment Office Location:

More information

International Convention For The Safety Of Life At Sea 2004

International Convention For The Safety Of Life At Sea 2004 International Convention For The Safety Of Life At Sea 2004 INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA 2004 PDF - Are you looking for international convention for the safety of life at sea

More information

Sources of law in the WTO

Sources of law in the WTO Sources of law in the WTO What is our objective when studying sources of law? Assess interpretative arguments in light of general principles of sources of law in international law? Predict how a panel

More information

CONSTITUTIONAL COURT OF SOUTH AFRICA THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA

CONSTITUTIONAL COURT OF SOUTH AFRICA THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 41/99 JÜRGEN HARKSEN Appellant versus THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA THE MINISTER OF JUSTICE THE DIRECTOR OF PUBLIC PROSECUTIONS: CAPE OF GOOD

More information

VIENNA CONVENTION ON THE LAW OF TREATIES BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS

VIENNA CONVENTION ON THE LAW OF TREATIES BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS VIENNA CONVENTION ON THE LAW OF TREATIES BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS By Karl Zemanek Emeritus Professor, University of Vienna President of the

More information

WORLD HEALTH ORGANIZATION. WHO framework convention on tobacco control

WORLD HEALTH ORGANIZATION. WHO framework convention on tobacco control WORLD HEALTH ORGANIZATION INTERGOVERNMENTAL NEGOTIATING BODY ON THE WHO FRAMEWORK CONVENTION 19 October 2001 ON TOBACCO CONTROL Third session Provisional agenda item 3 WHO framework convention on tobacco

More information

REPUBLIKA SLOVENIJA USTAVNO SODIŠČE

REPUBLIKA SLOVENIJA USTAVNO SODIŠČE REPUBLIKA SLOVENIJA USTAVNO SODIŠČE Številka: Rm-1/97 Datum: 5.6.1997 D E C I S I O N At the meeting of 5 June 1997 concerning the procedure for the evaluation of constitutionality of an international

More information

The sources of international law

The sources of international law The sources of international law Statute of the International Court of Justice, 1946 Article 38 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted

More information

Chapter 2 Treaty Interpretation as Opposed to Statutory, Constitutional and Contractual Interpretations

Chapter 2 Treaty Interpretation as Opposed to Statutory, Constitutional and Contractual Interpretations Chapter 2 Treaty Interpretation as Opposed to Statutory, Constitutional and Contractual Interpretations Contents 2.1 Interpretation of Different Legal Texts... 17 2.1.1 Different Legal Texts Needed Interpretation...

More information

ON INTERNATIONAL AGREEMENTS LAW ON INTERNATIONAL AGREEMENTS

ON INTERNATIONAL AGREEMENTS LAW ON INTERNATIONAL AGREEMENTS Republika e Kosovës Republika Kosovo - Republic of Kosovo Kuvendi - Skupština - Assembly Law No. 04/L-052 ON INTERNATIONAL AGREEMENTS Assembly of Republic of Kosovo, Based on Article 65 (1) of the Constitution

More information

The International Law Relation Between TRIPS and Subsequent TRIPS-plus Free Trade Agreements Towards Safeguarding TRIPS Flexibilities?

The International Law Relation Between TRIPS and Subsequent TRIPS-plus Free Trade Agreements Towards Safeguarding TRIPS Flexibilities? The International Law Relation Between TRIPS and Subsequent TRIPS-plus Free Trade Agreements Towards Safeguarding TRIPS Flexibilities? Henning Große Ruse 15 Years of TRIPS Implementation 28 January 2011

More information

Basel Convention. on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

Basel Convention. on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Previously published as MiSccllaneouS No. 4 (1990) Cm 984 POLLUTION Treaty Series No. 100 (1995) Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal Opened

More information

2. Treaties and Other International Agreements

2. Treaties and Other International Agreements 1 Treaties and Other Agreements 2. Treaties and Other International Agreements FOREIGN AFFAIRS AND THE UNITED STATES CONSTITUTION By Louis Henkin Second Edition (1996) Chapter VII TREATIES, THE TREATY

More information

IV. CZECH PRACTICE OF INTERNATIONAL LAW

IV. CZECH PRACTICE OF INTERNATIONAL LAW IV. CZECH PRACTICE OF INTERNATIONAL LAW CODIFICATION AND PROGRESSIVE DEVELOPMENT OF INTERNATIONAL LAW CODIFICATION AND PROGRESSIVE DEVELOPMENT OF INTERNATIONAL LAW Statements of the Czech delegation made

More information

CASE CONCERNING MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA. (Nicaragua v. United States of America) ICJ Decision of 27 June 1986

CASE CONCERNING MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA. (Nicaragua v. United States of America) ICJ Decision of 27 June 1986 CASE CONCERNING MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA (Nicaragua v. United States of America) ICJ Decision of 27 June 1986 176. As regards the suggestion that the areas covered

More information

RESERVATIONS TO TREATIES

RESERVATIONS TO TREATIES RESERVATIONS TO TREATIES At its forty-fifth session, in 1993, the International Law Commission, on the basis of the recommendation of a Working Group on the long-term programme of work, decided to include

More information

History, Principles - 01 History of international law - 02 Principles

History, Principles - 01 History of international law - 02 Principles SYSTEMATIC CLASSIFICATION PEACE PALACE LIBRARY Public International Law 000 1 Reference Works, General - 01 General - 02 Binding force, sanctions - 03 Comprehensive studies, manuals - 04 Institutions and

More information

Subsequent agreements and subsequent practice in relation to the interpretation of treaties. Statement of the Chair of the Drafting Committee

Subsequent agreements and subsequent practice in relation to the interpretation of treaties. Statement of the Chair of the Drafting Committee INTERNATIONAL LAW COMMISSION Seventieth session New York, 30 April 1 June 2018, and Geneva, 2 July 10 August 2018 Check against delivery Subsequent agreements and subsequent practice in relation to the

More information

Restatement of the Law, Third, Foreign Relations Law of the United States. Copyright (c) 1987, The American Law Institute.

Restatement of the Law, Third, Foreign Relations Law of the United States. Copyright (c) 1987, The American Law Institute. s Copyright (c) 1987, The American Law Institute Case Citations Rules and Principles Part 1 - International Law and Its Relation to United States Law Chapter 1 - International Law: Character and Sources

More information

I. Introduction. Law of Treaties and Related Provisions, 59 BRIT. Y.B. OF INT'L L. ANNALS 75, 100 (1988).

I. Introduction. Law of Treaties and Related Provisions, 59 BRIT. Y.B. OF INT'L L. ANNALS 75, 100 (1988). Legal Assessment of Compatibility Issues between the Protocol Concerning Specially Protected Areas and Wildlife (SPAW) to the Cartagena Convention and the Convention on International Trade in Endangered

More information

Extraterritorial Jurisdiction under the Active Nationality Principle

Extraterritorial Jurisdiction under the Active Nationality Principle Extraterritorial Jurisdiction under the Active Nationality Principle A Tool to Enhance Transnational Corporations Accountability for Human Rights Abuses? The Right of States to Exercise Nationality-Based

More information

J U L Y V O L U M E 6 3

J U L Y V O L U M E 6 3 LEGAL MATTERS J U L Y 2 0 1 6 V O L U M E 6 3 For a contract to be considered valid and binding in South Africa, certain requirements must be met, inter alia, there must be consensus ad idem between the

More information

11 Legally binding versus nonlegally binding instruments

11 Legally binding versus nonlegally binding instruments 11 Legally binding versus nonlegally binding instruments Arizona State University Although it now appears settled that the Paris agreement will be a treaty within the definition of the Vienna Convention

More information

Natalia Ochoa-Ruiz and Esther Salamanca-Aguado

Natalia Ochoa-Ruiz and Esther Salamanca-Aguado The Contribution of the ICJ Judgment of 6 November 2003 in the Case Concerning Oil Platforms (Islamic Republic of Iran v. United States of America) to International Law on the Use of Force in Self-defence

More information

VI. READING ASSIGNMENTS International Law (Laws ) Fall 2008

VI. READING ASSIGNMENTS International Law (Laws ) Fall 2008 VI. READING ASSIGNMENTS International Law (Laws 6400-002) Fall 2008 Date Lecture Topic Reading Assignments 1. Tuesday, Aug. 26 Overview of Course and International Law: Historical evolution of International

More information

Understanding International Law

Understanding International Law University of the Pacific Scholarly Commons McGeorge School of Law Teaching Materials McGeorge School of Law Faculty Scholarship 2015 Understanding International Law Stephen C. McCaffrey Pacific McGeorge

More information

Trick or treaty: Process of Iran nuclear deal needs scrutiny. Los Angeles/San Francisco Daily Journal, September 11, 2015

Trick or treaty: Process of Iran nuclear deal needs scrutiny. Los Angeles/San Francisco Daily Journal, September 11, 2015 Trick or treaty: Process of Iran nuclear deal needs scrutiny Los Angeles/San Francisco Daily Journal, September 11, 2015 A progressive president seeks to end a long conflict through a multilateral agreement,

More information

TERMS AND CONDITION IN GOVERNMENT CONTRACTS

TERMS AND CONDITION IN GOVERNMENT CONTRACTS GSA Council 2002 FEDERAL MARKETPLACE IT OPPORTUNITIES AND NEW PROCUREMENT POLICY CONFERENCE TERMS AND CONDITION IN GOVERNMENT CONTRACTS Presentation By Paul J. Seidman December 3, 2002 Sheraton Premiere

More information

United States Department of State. Treaties in Force

United States Department of State. Treaties in Force United States Department of State Treaties in Force Treaties in Force as of January 1, 2010 Foreword Treaties in Force is prepared by the Department of State for the purpose of providing information on

More information

A/CN.4/SR Contents

A/CN.4/SR Contents Provisional For participants only 23 June 2017 English Original: French International Law Commission Sixty-eighth session (second part) Provisional summary record of the 3322nd meeting Held at the Palais

More information

INTERNATIONAL LAW FOURTH EDITION. Malcolm N. Shaw. Sir Robert Jennings Professor of International Law, University of Leicester

INTERNATIONAL LAW FOURTH EDITION. Malcolm N. Shaw. Sir Robert Jennings Professor of International Law, University of Leicester INTERNATIONAL LAW FOURTH EDITION Malcolm N. Shaw Sir Robert Jennings Professor of International Law, University of Leicester A GROTIUS PUBLICATION CAMBRIDGE UNIVERSITY PRESS Preface Table of cases Table

More information

Draft articles on the effects of armed conflicts on treaties

Draft articles on the effects of armed conflicts on treaties Draft articles on the effects of armed conflicts on treaties 2011 Adopted by the International Law Commission at its sixty-third session, in 2011, and submitted to the General Assembly as a part of the

More information

Guide to Practice on Reservations to Treaties

Guide to Practice on Reservations to Treaties Guide to Practice on Reservations to Treaties 2011 Adopted by the International Law Commission at its sixty-third session, in 2011, and submitted to the General Assembly as a part of the Commission s report

More information

Implementing UNCLOS: Legislative and Institutional Aspects at a National Level

Implementing UNCLOS: Legislative and Institutional Aspects at a National Level Implementing UNCLOS: Legislative and Institutional Aspects at a National Level Prof. Ronán Long National University of Ireland Galway Human Resources Development and Advancement of the Legal Order of the

More information

DRAFT FRAMEWORK CONVENTION ON INTERNATIONAL ARMS TRANSFERS i PART I. Article 1 [Authorization of International Arms Transfers ii ]

DRAFT FRAMEWORK CONVENTION ON INTERNATIONAL ARMS TRANSFERS i PART I. Article 1 [Authorization of International Arms Transfers ii ] DRAFT FRAMEWORK CONVENTION ON INTERNATIONAL ARMS TRANSFERS i Preamble [...] PART I Article 1 [Authorization of International Arms Transfers ii ] Contracting Parties shall adopt and apply in accordance

More information

SELF DETERMINATION IN INTERNATIONAL LAW

SELF DETERMINATION IN INTERNATIONAL LAW SELF DETERMINATION IN INTERNATIONAL LAW By Karan Gulati 400 The concept of self determination is amongst the most pertinent aspect of international law. It has been debated whether it is a justification

More information