Vienna Convention on the Law of Treaties
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Recent papers in Vienna Convention on the Law of Treaties
This book deepens the study of the law of treaties by offering specific solutions to current legal problems. It provides a high-level theoretical and practical approach, touching upon all major current issues of the law of treaties. It is... more
Ratifikasi adalah segala sesuatu yang mengacu pada semua bentuk persetujuan resmi atas suatu negara dalam suatu perjanjian. Ratifikasi dapat pula hadir sebagai suksesi, adhesi, persetujuan, atau dengan membuat Negara menjadi terikat.... more
O crescimento extraordinário do número de tratados internacionais concluídos nas últimas décadas tem feito despertar em todo o mundo o estudo do Direito dos Tratados. No Brasil, em especial, o assunto ganhou maior relevo apenas... more
The paper examines the scope and content of the obligation not to harm the object and purpose of a treaty set forth in Article 18 of the 1969 Vienna Convention of the Law of Treaties.
The topics of armed conflict and annexation have to date not attracted much attention when it comes to international investment law and investor-state arbitration. However, a series of recent events, ranging from investment claims under... more
Treaties constitute a major source of both public and private international law; it is hardly possible to imagine international law and international relations without them. There is no area of international law that is not, to a lesser... more
The rules on reservations found in the Vienna Convention on the Law of Treaties 1969 and the concept of the persistent objector in relation to customary international law. The ICJ supports the idea that an existing customary law rule... more
The main objective of this paper is to critically examine the process of treaty formation under international law with reference to the Vienna Convention on the Law of Treaties which was concluded on 23 May 1969.
Pacta Sunt Servanda is a fit and suitable foundation of developing international law’. Discuss.
This paper will discuss the following questions referring to the Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide [1951] ICJ Advisory Opinion. I. Can the reserving State be regarded as being a party... more
What happens when a secret trust fails in English law? Secret Trusts are a conundrum. That is why they feature iso prominently in LLB Trust examinations. Let's take an example. Adam [a Testator age 80] contacts his friend Bruce to ask him... more
Il progetto di integrazione europea, a lungo emblema di pace ed esemplare compromesso tra prosperità ed equità sociale, attraversa oggi tempi duri: crisi economica, rinnovati nazionalismi, spinte xenofobe ed un assetto istituzionale... more
This chapter explores the relationship between international human rights law and international humanitarian law in the targeting of members of armed groups in non-international armed conflicts. It attempts to flesh out points of... more
This article deals with one of the most ancient and firmly consolidated grounds of invalidity of treaties. A treaty concluded through the coercion exerted against State representative, be it a single human being or a group thereof, is... more
Abstract: Some scholars argue that the Court of Justice of the European Union, when it interprets international legal norms, is comparable to a domestic court. Analogies, however, must be handled with care and cautiously justified. This... more
The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect. Bibliography: A. Cavaglieri, 'La... more
Articles 7 and 8 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) play a central role in assuring the members of the World Trade Organization (WTO) the right to implement public health measures. The Doha... more
Despite the lack of a precise meaning of the term, the investment tribunals have developed some broad principles for the application of the Fair and Equitable Treatment (FET) standard. These broad principles include good faith along with... more
The concept of human rights has developed during the last 60 years mainly through multilateral treaties as a positivist branch of public international law. However, key positivist doctrines such as pacta sunt servanda or state sovereignty... more
While treaties can be notoriously difficult to amend by formal means, they must nevertheless be adapted over time in order to remain useful. Herein lies the role of subsequent practice as a key tool for treaty change. Subsequent practice... more
The adoption of the 2008 Rotterdam Rules in six equally authentic language versions has presented the maritime community with an issue that it has not (knowingly) previously encountered, namely the issue of the interpretation of... more
This foreword to the book The Law of Treaties (by Valerio de Oliveira Mazzuoli) was written by Paulo Pinto de Albuquerque, Judge of the European Court of Human Rights, for the first Portuguese edition. The following text is written in... more
The present work aimed at studying the model in which the 1988 Brazilian Constitution deals with the competence of constituted powers for the celebration of treaties. It was analyzed, this way, the Legislative and Executive relationship... more
Për arsye të mos funksionimit/përdorimit të kontrollit Kushtetutes, Protokolli 12 i KEDNJ është i papajtueshëm me Nenin 18/3 të Kushtetutës së Shqipërisë. Nga ana tjetër, dispozita në fjalë është transformuar vetvetiu në... more
В Национальном реестре правовых актов 4 мая было официально опубликовано Решение Конституционного Суда Республики Беларусь от 26 апреля 2016 г. № Р-1030/2016 «О праве на обжалование решений налоговых органов, действий (бездействия) их... more
The paper offers an alternative narrative about the interplay between the ECtHR and the CJEU. It argues that Bosphorus cannot serve as a role-model for understanding the interrelationship between these two quasi-Constitutional Courts, the... more
On December 5, 2014, the Australian parliament passed the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (Cth). Section 197C of the Act deems ‘Australia’s non-refoulement obligations... more
In April 2014, the Marshall Islands announced it was suing all nine nuclear armed states for a purported failure to meet their nuclear disarmament obligations under international law. Logically speaking, the veracity of that charge... more
The International Health Regulations (IHR), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to global health emergencies... more
Analysis of human right treaties with Vienna convention on law of treaties. and how Human right treaty differ from normal treaty.
With the entry into force of the Lisbon Treaty, Article 50 TEU recognized and regulated the unilateral right of a Member State to withdraw from the EU. The contribution seeks to demonstrate that, in so doing, the exercise of this... more
The Prespa Agreement (PA, the Agreement) is a bilateral international treaty between Greece and North Macedonia that entered into force on 12 February 2019. Its primary purpose is the settlement of a relatively longstanding dispute that... more
The first aim of this essay is to give a briefly concept of Vienna Convention and its status. The second is to analyze the concept of jus cogens and how it was established. Finally, the controversial opinions on this subject.
The International Health Regulations (ihr), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to potential global health... more
The law of unilateral acts and the law of treaties are generally considered to be two distinct areas of international law. While the former governs the effect of unilateral undertakings by States, the latter governs, inter alia, the... more
O artigo visa compreender o tema dos vícios do consentimento e da nulidade dos tratados internacionais, à luz da Convenção de Viena sobre o Direito dos Tratados de 1969, separando os casos de vícios do consentimento (os casos anuláveis e... more
While the topic of this chapter may appear out of place in an edited volume on 'evolutionary interpretation', intertemporal linguistics in fact drills down directly into the epicentre of the evolutionary interpretation debate. In this... more
International lawyers and courts consider the principle of systemic integration to be a potential answer to difficulties arising from the fragmentation of public international law. This article questions the application of this approach... more
Published in Studi in onore di Vincenzo Starace, Napoli, 2008, pp. 607-619, this study aims at analyzing the power of international tribunals to assess the validity of reservations to treaties.
International lawyers and courts consider the principle of systemic integration to be a potential answer to difficulties arising from the fragmentation of public international law. This article questions the application of this approach... more
The International Health Regulations (ihr), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to potential global health... more
Over the past few years, states have been entering into international agreements that increasingly displace their non-refoulement obligations. Non-refoulement is a legal norm that protects vulnerable people from being expelled and... more
The International Health Regulations (ihr), of which the World Health Organization is custodian, govern how countries collectively promote global health security, including prevention, detection, and response to global health emergencies... more