Academic literature on the topic 'Ratification procedure'
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Journal articles on the topic "Ratification procedure"
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LENOWITZ, JEFFREY A. "“A Trust That Cannot Be Delegated”: The Invention of Ratification Referenda." American Political Science Review 109, no. 4 (November 2015): 803–16. http://dx.doi.org/10.1017/s0003055415000465.
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A ratification referendum is a procedure in which framers submit a constitution to the people for binding approval before implementation. It is widespread, recommended, and affects the contents and reception of constitutions, yet remains unstudied. Moreover, the reasons or justification for using the procedure remain unexplored. This is troubling because ratification referenda are optional, and thus should only be implemented for good reasons that, today, are no longer given. This article begins correcting this oversight by identifying those that brought about the first ratification referendum and explaining why they did so. I demonstrate that the Berkshire Constitutionalists called for the procedure during the events leading up to the creation of the 1780 Massachusetts Constitution, and that they justified their actions by asserting that the people have an unalienable right to ratify their constitution through a referendum, for this provided needed protection against potentially corrupt elites. This argument remains the most fully developed justification for the procedure to date. My analysis not only reveals ratification referenda to be another product of early American political thought, but also points the way forward for future evaluation of the procedure, and forces reflection upon the importance of having solid grounds for the choices involved in structuring a constitution-making process.
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Setyowati, Dewi, Nurul Hudi, and Levina Yustitianingtyas. "TINJAUAN YURIDIS PERATURAN PERUNDANG-UNDANGAN SEBAGAI RATIFIKASI PERJANJIAN INTERNASIONAL." Perspektif Hukum 16, no. 2 (May 18, 2017): 202. http://dx.doi.org/10.30649/phj.v16i2.65.
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<em>This study aims to resolve problems that arise in connection with reconsideration of regulations ratification of the treaty. Can legislation on treaty ratification An overview held back, and how the legal consequences if there is a decision on the revocation of laws on ratification of the treaty in Indonesia. In order to solve these problems need to be supported by the research in the form of legal material. Research obtained through library research (library research) in libraries. From this legal research to achieve results that provide answers to existing problems, namely that the Constitutional Court only had authority to examine the material legislation and ratification of international agreements is not authorized to cancel the treaty. And the cancellation of a law the ratification of international treaties have no direct correlation to the bond Indonesia against international agreements canceled. Thus the State can withdraw from its attachment to an international agreement if the agreement is contrary to the destination country. If a treaty is not regulated the procedure of withdrawal, it can refer to the rules stated in the Vienna Convention of 1969.</em>
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Sidharta, Noor, Sudarsono Sudarsono, I. Nyoman Nurjaya, and Bambang Sugiri. "Judicial Preview on the Bill on International Treaty Ratification." Constitutional Review 3, no. 1 (August 2, 2017): 24. http://dx.doi.org/10.31078/consrev312.
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This research is aimed to find and introduce a new idea on the state administration, which has implications on the international treaty ratification procedure followed by Indonesia and additional authorizations of the Constitutional Court of the Republic of Indonesia. The judicial preview in this research is an international treaty examination procedure by the Constitutional Court before an international treaty is transformed into a law, i.e. such international treaty is a Bill. The judicial preview shall have different terms in each country, such as Review ex ante, abstract review, judicial review. This procedure is applied when an international treaty has not been validated as a country’s national law. The benefits of a judicial preview shall be a solution to connect an ambiguity between the state administrative law and international law. The judicial preview is also the inter-state institutions real check and balance on the international treaty. Out of benchmarking results of four countries following the monism doctrine, i.e. Russia, Germany, France, and Italty and two countries following the dualism doctrine, i.e. Hungary and Ecuador, several additional authorizations of the Constitutional Court shall be summarized, i.e. via the Amendment of 1945 Constitution of the Republic of Indonesia and/or regulations via laws. If both manners are not possible, the Constitutional Court may apply the judicial preview as a state administrative practice. An international treaty draft, which has passed through the judicial preview, may not be submitted to the Constitutional Court to be performed a judicial review, unless 5 (five) year-period has passed since the bill is enacted as a law.
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Saveski, Dejan. "Procedural unconstitutionality and illegality of Prespa Agreement." Zbornik radova Pravnog fakulteta u Splitu 57, no. 4 (October 29, 2020): 1193–225. http://dx.doi.org/10.31141/zrpfs.2020.57.138.1193.
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The Prespa Agreement signed on June 17, 2018, which changed the constitutional name of the Republic of Macedonia, is a precedent on international law. In the procedure of his conclusion, ratification, and execution were committed serious violations of procedural rules. Although the violations that this agreement produces are numerous, and with different nature, the focus of this paper is on procedural violations. The Prespa Agreement also has a lot of substantial mistakes which is in confrontation with the Constitutional, and the international law because the Prespa Agreements provisions derogate some essentially fundamental rights as a right of self-determination. But this paper is focused only on fundamental violations of legal norms that prescribes the procedure for promulgation of the Prespa Agreement - the process of negotiation, conclusion, ratification, and publishing. The process of negotiating, signing and ratifying the Prespa Agreement is followed by flagrant violations of the constitutional norms, statute norms, and the norms of the Vienna Convention on the Law of Treaties in the part that regulates the issue of persons who was competence for adopting an authenticating the text of a treaty. Besides the introductory part and historical introduction to the genesis of the problem, the focus of this paper is the procedure of negotiating, concluding, and ratifying the Prespa Agreement. The procedural aspects of the referendum on the Prespa Agreement will be elaborate in the part called “negotiation and conclusion of international agreement” because, by the time being, this referendum was issue notice after the conclusion phase and before ratification.
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Kim, Jung Suk, Bomin Ko, Yoon Heo, and Jee Hoon Lee. "Reshaping institutional arrangements for TPP ratification in Korea." Journal of Korea Trade 20, no. 2 (June 6, 2016): 167–85. http://dx.doi.org/10.1108/jkt-04-2016-0010.
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Purpose – The purpose of this paper is to assess the current state of Korea’s internal negotiation system and the role of domestic policy factors in the process of Korea’s joining the mega FTAs such as Trans-Pacific Partnership (TPP). Design/methodology/approach – Along with Putnam’s three determinants of win-set size, the authors analyze a new set of policy factors – including Trade Adjustment Assistance (TAA), the FTA Domestic Planning Division, and the Trade Procedure Act – to examine the institutional arrangements available for the ratification of the TPP in Korea. Findings – To minimize the social cost of the internal negotiation process of the trade, better understanding of the role of domestic policy factors is essential. The paper proposes some important policy suggestions which will scale up the benefit of the trade. Research limitations/implications – The very same analysis can be easily extended to examine the domestic reactions for future FTA negotiation, especially for Mega FTA negotiation. Practical implications – The authors propose six policy suggestions: a Master Process Manual; measures to diagnose domestic reactions; emphasizing non-economic issues; strengthening human resources; considering the strategic role of the Trade Procedure Act; and reshaping TAA, to ensure that a tranquil environment exists for domestic negotiation and confirmation and the authors believe these policies can be implemented widely in trade negotiations. Originality/value – This paper contributes to the existing literature in at least three respects. First, the authors made the first attempt to integrate the domestic policy tools with the domestic determinants of trade negotiation outcomes. Second, the policy proposals can be extended to other countries’ cases with a minor adjustment. Finally, the analysis is based on the assumption that international trade negotiations are multi-level frameworks where domestic influences play a vital role in the aftermath of bilateral FTAs.
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Kolingba, A. "Loi No. 88.005 Relative a la Procedure de Ratification des Accords de Credit." ICSID Review 4, no. 1 (March 1, 1989): 173. http://dx.doi.org/10.1093/icsidreview/4.1.173.
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Mik, Cezary. "Tryb ratyfikacji decyzji Rady Europejskiej (UE, Euratom) 2020/2053 w sprawie systemu zasobów własnych Unii Europejskiej oraz uchylającej decyzję 2014/335/UE, Euratom (Dz.Urz. UE L 424 z 15 grudnia 2020 r.)." Zeszyty Prawnicze Biura Analiz Sejmowych 2, no. 70 (2021): 99–122. http://dx.doi.org/10.31268/zpbas.2021.24.
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The author, trying to determine the correct procedure for ratification of Council Decision 2020/2053 on the system of own resources of the European Union, considers this issue from the perspective of Polish and European Union law. In his considerations he also refers to historical arguments. The author concludes that the Council Decision should be ratified according to the procedure set out in Article 89 para. 1 of the Polish Constitution.
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Andries, André. "Belgian Red Cross (French-speaking community): The implementation of the Additional Protocols in Belgium." International Review of the Red Cross 27, no. 258 (June 1987): 272–76. http://dx.doi.org/10.1017/s0020860400025560.
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In November 1977 the Belgian Government appointed an interdepartmental commission to study questions relating to the ratification of the Protocols additional to the Geneva Conventions. This was done even before the Protocols, which had been adopted on 8 June of that year, were open for signature. The commission's work at that point was both to determine whether there was cause for Belgium to make an interpretative declaration or even announce a reservation when ratifying the Protocols, and to draft a bill for a law approving that ratification. This required consultation not only between the various ministerial departments concerned with implementing the Protocols but also between the Belgian Government and the governments of member countries of the military alliance to which Belgium belongs. It will be noted that the two NATO countries which ratified the Protocols before Belgium had decided not to make an interpretative declaration accompanying their ratification and did not therefore have to await the result of that consultation. The only reservation formulated by Denmark related to a question of judicial procedure in its national law.
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Jarlebring, Johannes. "Taking stock of the European Convention What added value does the Convention bring to the process of treaty revision?" German Law Journal 4, no. 8 (August 1, 2003): 785–99. http://dx.doi.org/10.1017/s2071832200016424.
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According to Article 48 of the Treaty on the European Union (TEU), the founding treaties of the Union can only be amended through a three-step procedure. First, the Council calls an Intergovernmental Conference (IGC), after having consulted the European Parliament (EP) and the Commission. Second, within the framework of the IGC, representatives of the governments of the Member States negotiate and sign the amendments to the treaties by common accord. Third, the agreement is submitted to national ratification procedures. When all three steps are concluded, each Member State having ratified the amendments to the treaty, the changes enter into force.
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Przywora, Bogusław. "Tryb ratyfikacji przez Rzeczpospolitą Polską decyzji Rady Europejskiej (UE, Euroatom) 2020/2053 z 14 grudnia 2020 r. w sprawie systemu zasobów własnych." Zeszyty Prawnicze Biura Analiz Sejmowych 2, no. 70 (2021): 123–40. http://dx.doi.org/10.31268/zpbas.2021.25.
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In determining the correct procedure for ratification of Council Decision 2020/2053, the author has analysed the provisions of Polish law and European Union law. In the author’s opinion, on the basis of the Council Decision there is no transfer of powers of state authorities within the meaning of Article 90 of the Constitution. Therefore, in Polish conditions this will mean the requirement of the application of the so-called “large” ratification, referred to in Article 89 para. 1 of the Constitution. Such a solution is supported both by the substantive content of the provisions contained in Council Decision 2020/2053, the previous practice of ratifying Council Decisions on the system of own resources of the EU, as well as the order to apply a “pro-EU” interpretation.
Dissertations / Theses on the topic "Ratification procedure"
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Bell, John P. "Decree of ratification nature and purpose /." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.
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Jurišić, Jasna. "Prolog (zum Forum)." Universität Potsdam, 2006. http://opus.kobv.de/ubp/texte_eingeschraenkt_welttrends/2010/4838/.
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Law, Thomas. "O reconhecimento e a execução de sentenças arbitrais estrangeiras no Brasil: atualizado com o novo CPC." Pontifícia Universidade Católica de São Paulo, 2016. https://tede2.pucsp.br/handle/handle/7056.
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Previous issue date: 2016-03-09This Master s Thesis focuses on the acknowledgement and enforcement of foreign arbitral awards in Brazil, based on the theoretical and practical research in the fields of civil procedural law and international law, considering it includes a study on the different international laws, conventions and treaties on international commercial arbitration, as well as on the acknowledgement and enforcement of arbitral awards. The first part of the study refers to the events of direct enforcement and nationalization of foreign arbitral awards, according to the new legal provisions of the New Brazilian Code of Civil Procedure. The second part of the study covers the assessment of the ratification process of foreign arbitral awards before the Superior Court of Justice (STJ), considering Brazil s new Code of Civil Procedure, the new internal rules of the Superior Court of Justice, the Arbitration Law and the New York Convention. The thesis also covers two cases, specifically, judged by the Superior Court of Justice: SEC No. 2,410 (Ferrocarriles versus Supervia Concessionária de Transportes Ferroviário S/A) and SEC No. 826 (Ssangyong Corporation versus Eldorado Indústrias Plásticas Ltda). Finally, after the reflection on the research conducted, one argues nationalization of the foreign arbitral award is possible given the new provisions included in Brazil s new Code of Civil Procedure and the acknowledgement thereof by the Superior Court of Justice, in the possibility of nationalization of the arbitral award in the Appeal to the Superior Court of Justice No. 1.231.554
A presente dissertação de mestrado trata do reconhecimento e da execução da sentença arbitral estrangeira no Brasil. É uma pesquisa teórica e prática das áreas de direito processual civil e direito internacional, uma vez que aborda as mais diversas legislações internacionais e convenções que tratam da arbitragem comercial internacional e o reconhecimento e execução dos laudos arbitrais. Na primeira parte do estudo, serão analisadas as hipóteses de execução direta e nacionalização do laudo arbitral estrangeiro conforme novos dispositivos legais oriundos do Novo Código de Processo Civil. Na segunda parte, será abordado o processo homologatório de sentenças arbitrais estrangeiras perante o Superior Tribunal de Justiça tendo em vista o Novo Código de Processo Civil, o novo regimento interno do Superior Tribunal de Justiça, a Lei de Arbitragem e a Convenção sobre o Reconhecimento e a Execução de Sentenças Arbitrais Estrangeiras ("Convenção de Nova Iorque"). Paralelamente, dois casos, em especial, julgados pelo Superior Tribunal de Justiça, são objeto de análise e investigação: a SEC n. 2.410(Ferrocarriles versus Supervia Concessionária de Transportes Ferroviário S/A) e a SEC n.826 (Ssangyong Corporation versus Eldorado Indústrias Plásticas Ltda). Por fim, após a reflexão do trabalho investigativo, propõe-se concluir pela nacionalização do laudo arbitral estrangeiro levando em consideração as novidades trazidas no novo Código de Processo Civil e o reconhecimento pelo Superior Tribunal de Justiça da possibilidade da nacionalização do laudo arbitral no REsp 1.231.554
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Lenowitz, Jeffrey. "Why Ratification? Questioning the Unexamined Constitution-making Procedure." Thesis, 2013. https://doi.org/10.7916/D8CZ3FCJ.
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My dissertation focuses on ratification--the submission of a draft constitution to the people for their approval in an up or down vote--and has two central aims. First, it explores the mechanics, current usage, and possible effects of ratification and argues that despite its intuitive nature and ubiquity, it is in need of justification. Ratification is increasingly common and regularly included within the framing recommendations given by consultants, NGOs, transnational institutions, and the like. In addition, the procedure has significant effects: it can influence the behavior of framers, subsequently alter the contents of what they produce, is expensive to implement, and can lead to costly constitutional rejections. Despite this, both practitioners and scholars treat ratification as a given and provide no explanation or justification for its use. I argue that this is a mistake. Second, the primary aim of my dissertation is to ask what justifies the use of ratification, i.e. what reasons constitution-makers might have for implementing the procedure. Drawing from the history of ratification and the empirical and theoretical literature on constitution-making, I explore a series of possible justifications for the procedure, each of which connects to a central topic or theme in democratic theory. First, I ask whether ratification plays a role in a representative process ongoing during constitution-making, and whether the importance of fostering representation justifies its use. Second, I examine whether the need for ratification stems from its function as a moment of constituent power, an instance where the people manifest and exercise their will to make a constitution their own. Third, I explore whether ratification helps legitimize constitutions; this entails articulating a three-part theory of legitimacy corresponding to the concept's legal, moral, and sociological manifestations, and analyzing the role of ratification within this scheme. I test these potential justifications by looking at their theoretical coherence, applicability to cases of constitution-making from the 18th century to the present, and their compatibility with the actual dynamics and mechanisms of the constitution-making process. The results of my analysis are as follows. I argue that the only role ratification might play in a representative process is as an accountability mechanism, but that the possible divergence between how a voter evaluates a draft constitution and the behavior of his or her representative framer makes the procedure unable to take on this role. I find that theories of constituent power only justify ratification if the procedure is the sole moment during constitution-making in which the people take direct action on the constitution. This limits the justification to ratification procedures involving referenda, and requires that voters make a meaningful choice on the proposed constitution, i.e. they must choose whether to accept or reject a constitution on the basis of their understanding of its contents and the likely result of its rejection. However, this standard of meaningful choice, which requires a far greater level of voter informedness than ordinary instances of direct democracy, is unlikely to be met because voters cannot be expected to possess or obtain the sort of highly technical and specialized information such constitutional evaluation requires. Finally, I show that legal legitimacy collapses into sociological legitimacy when it comes to new constitutions and that ratification might produce sociological and moral legitimacy by making the contents of a constitution more likely to fall within the bounds of actual or perceived legitimacy, or by procedurally legitimating the outcome regardless of its substance. However, each of these pathways has considerable explanatory weaknesses and do not in themselves justify ratification. Thus, I ultimately conclude that there seems to be no convincing general justification available for ratification. The initially compelling arguments in favor of the procedure apply only occasionally, ignore differences between constitutional and ordinary lawmaking, contradict some of our central theories and assumptions about constitutionalism and democracy, or assume the prior existence of robust democratic norms. This does not amount to a wholesale rejection of ratification, for contextual variables might produce reasons for its implementation and I explore what these might be, but it does give reason to question the automatic application of this procedure, as well as the similar treatment of other peripheral components of constitutional and institutional design processes the merits of which are assumed rather than critically evaluated.
Books on the topic "Ratification procedure"
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Rosa, Rosanna La. I trattati internazionali e il Parlamento italiano: Repertorio dei trattati conclusi dall'Italia : l'intervento del Parlamento nella procedura di ratifica ed esecuzione dal 1948. Milano: Giuffrè, 1988.
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Stuart, Casey-Maslen, Clapham Andrew, Giacca Gilles, and Parker Sarah. Art.21 Signature, Ratification, Acceptance, Approval, or Accession. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723523.003.0025.
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This chapter discusses Article 21 of the ATT, which sets out the procedure by which states may sign or adhere to the treaty. Signature of the ATT was only possible until its entry into force (on 24 December 2014). Subsequently, any state that had not signed the treaty could accede to it. Signatories must ratify, accept, or approve the ATT in order to become party to it. Article 21 is linked to Article 22 (on entry into force) and Article 27 (the Depositary: the United Nations Secretary-General). A state may also apply Articles 6 and 7 of the treaty provisionally when signing, ratifying, accepting, approving, or acceding the ATT, in accordance with Article 23. It should be noted that the main substantive change to this provision during the negotiations was to prevent a state from acceding to the treaty prior to its entry into force.
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Mahnoush H, Arsanjani, and Reisman W Michael. Part I Conclusion of Treaties, 5 Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0005.
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The tension between the often urgent need for effective legal arrangements in modern international law and the much slower internal procedures for finalization of commitment to treaties has lead to the practice of provisional application of treaties. Many treaties provide for their provisional application pending final ratification by the states parties and the Vienna Convention on the Law of Treaties has codified authoritative practice. But two recent arbitral awards, in applying Article 45 of the Energy Charter Treaty, have created some confusion.
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Verdier, Pierre-Hugues, and Mila Versteeg. International Law in National Legal Systems. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0010.
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International legal scholars have long recognized the importance of the relationship between international law and domestic legal systems. This chapter draws upon a new data set, which covers 101 countries for the period 1815–2013 and records specific features of national approaches to international law, including treaty-making procedures, the status of treaties in domestic law, and the reception of customary international law. The chapter finds that national legal systems have become more likely to give treaties direct effect and hierarchical superiority over domestic law, but at the same time have steadily expanded the categories of treaties whose ratification requires prior legislative approval. With respect to CIL, the chapter finds that the vast majority of national legal systems now recognize custom as directly applicable, at least in principle, but generally consider it to be hierarchically inferior to domestic law. The chapter discusses the implications of these findings for comparative international law.
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Powell, Emilia Justyna. Not so Treacherous Waters of International Maritime Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0026.
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The United Nations 1982 Convention on the Law of the Sea (UNCLOS) is a widely accepted international agreement that regulates maritime law. Among countries that have ratified the treaty are many Islamic law states—states that are traditionally skeptical toward international multilateral treaties. What makes the Convention attractive to the Islamic world? This study focuses on substantive international and Islamic law of the sea, as well as rules governing peaceful resolution of disputes in both legal systems. The chapter shows that unlike other international treaties, substantive provisions of UNCLOS express principles historically present in Islamic law. Additionally, peaceful resolution procedures of the Convention incorporate Islamic law states’ preference for flexibility in conflict management. Empirical analyses of UNCLOS signature, ratification status, as well as UNCLOS declarations, and restrictions (1982–2006) support the theoretical expectations set forth in the chapter. This study provides a compelling analysis to address these puzzles.
Book chapters on the topic "Ratification procedure"
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Kaj, Hobér. "14 Part VIII: Final Provisions." In The Energy Charter Treaty. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780199660995.003.0014.
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This concluding chapter assesses Part VIII, ‘Final Provisions’, of the Energy Charter Treaty. Article 38 of the ECT states that the ECT was open for signature only for States which had signed the European Energy Charter. Article 39 is entitled ‘Ratification, Acceptance or Approval’. The ECT is open for ratification, acceptance, and approval to States which have signed the Treaty as per Article 38. Article 40 builds on Article 29 of the Vienna Convention, which deals with the territorial scope of treaties. Similarly, Article 41 mirrors Article 15 of the Vienna Convention, which deals with consent by a State to be bound by a treaty expressed by accession. Article 42 sets forth the procedure to be followed to amend the Treaty. Meanwhile, pursuant to Article 43 of the ECT, the Charter Conference may authorize the negotiation of association agreements with a view to pursuing the objectives and principles of the European Energy Charter and the ECT. The provisions of Article 44 determine when the Treaty enters into force. Article 45 concerns provisional application, while Article 46 concerns reservations. Article 47 regulates withdrawals from the Treaty, the procedure thereof, and the effect of withdrawals. Article 48 is entitled ‘Status of Annexes and Decisions’; Article 49 states that the Government of the Portuguese Republic shall be the Depositary for the ECT; and Article 50 is entitled ‘Authentic Texts’.
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Peter, Sester. "Part 1 Fundaments of Arbitration in Brazil, 1 The Rise of Arbitration in Brazil." In International Arbitration: Law and Practice in Brazil. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198840114.003.0001.
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This introductory chapter discusses the rise of arbitration in Brazil. Modern commercial arbitration in Brazil is overtaking classic strongholds of international arbitration, despite its relatively young history. The Brazilian Arbitration Law (BAL) was adopted in 1996, eleven years after Brazil's re-democratization in 1985. The law revoked those parts of the Civil Procedure Code of 1973 particularly detrimental to the success of arbitration in the last century. Rather than integrating the new arbitration law into the existing Civil Procedure Code (CPC), the Brazilian legislator preserved it as a standalone act, thus revoking the CPC's pre-existing arbitration rules. In this way, the legislator facilitated developing an interpretation sui generis, thus preventing the matter from being taken over entirely by scholars of civil procedure law. Today, Brazilian arbitration scholars and practitioners come from many different backgrounds, including commercial, civil, international, and civil procedure law. Even tax, constitutional, and administrative lawyers are part of the community. The chapter then looks at the ratification of the New York Convention (NYC) in Brazil.
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Lyons QC, Timothy. "The Customs Union in its EU Context." In EU Customs Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198784029.003.0002.
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Until the ratification of the Treaty of Amsterdam in 1997, the EC Treaty, as it then was, had dealt with the customs union in Articles 9 to 29 which constituted Chapter 1 of Title 1 and was devoted to free movement of goods. Many of the provisions dealt with the staged reduction of duties on imports between Member States and with the procedure by which a common customs tariff was to be established. As the customs union was created on 1 July 1968, by 1997 rationalization of the customs duty provisions in the EC Treaty was clearly long overdue. It was achieved by the Treaty of Amsterdam which ensured that the EC Treaty dealt with the main elements of the customs union in just five articles, Articles 23 to 27. These now appear in the Treaty on the Functioning of the European Union (TFEU) in Articles 28 to 32. Articles 30 to 32 constitute Chapter 1 of Title II on the free movement of goods. Article 30 provides that customs duties on imports and exports, and charges having equivalent effect, are prohibited between Member States together with customs duties of a fiscal nature. Article 31 states that the common customs
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John P, Pace. "5 The ‘Incubation’ of Economic, Social and Cultural Rights (1968–1992)." In The United Nations Commission on Human Rights. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198863151.003.0006.
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This chapter focuses on the ‘incubation’ of economic, social and cultural rights. The implementation of human rights presented challenges to the Commission on Human Rights from its first years of existence. It was the main reason invoked to separate civil and political rights from economic, social and cultural rights, and to have two Covenants instead of the unitary convention, as originally decided by the General Assembly. Once the two Covenants were adopted and opened for signature and ratification in 1966, the international community would face the real test of the implementation processes. Whereas the implementation of civil and political rights presented relatively little question, the implementation—or better still, ‘realization’—of economic, social and cultural rights, both in substance and in procedure, gave rise to much debate and took several years to reach the current level of understanding and acceptance. The formal focus on the implementation of economic, social and cultural rights was launched in 1968 when PE Nedbailo (Ukrainian SSR), outgoing Chairman of the Commission, proposed the inclusion of ‘Study of the question of the realization of the economic and social rights’ in the agenda of the twenty-fourth session. It was to remain on the agenda of the Commission for the rest of the Commission's existence, and thereafter on the agenda of the Human Rights Council.
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"Procedures and actors in ratification: Who participates and how." In The Politics of Ratification of EU Treaties, 62–91. Routledge, 2013. http://dx.doi.org/10.4324/9780203557860-9.
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William E, Butler. "Introduction." In International Law in the Russian Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198842941.003.0001.
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This introductory chapter briefly reflects on the history of the law of making treaties in Russia. Treaties constitute the earliest surviving documents by at least a century and perhaps more in not only the legal history, but the general history, of the Russian people. The chapter discusses multiple issues which were embedded in the treaties of the ninth and tenth centuries, such as the form and legal nature of the document, ratification procedures, and so on. It considers how these issues interact with the existence of an international legal system as well as a domestic one. The chapter also looks at Russia's especially post-Soviet Russia's-responses to these issues and expounds on the importance of addressing them.
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Khalida, Azhigulova. "Part III Regional Regimes, Ch.20 Regional Refugee Regimes: Central Asia." In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0021.
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This chapter reflects on refugee protection laws and practices in the political region of Central Asia, which includes five post-Soviet States. Four of them—Kazakhstan, Kyrgyzstan, Tajikistan, and Turkmenistan—are parties to the Refugee Convention and its Protocol and have been at the crossroads of massive refugee movements since the 1990s. The fifth State, Uzbekistan, is not a party to either instrument. The chapter undertakes a comparative analysis of local legislation, refugee status determination procedures, and jurisprudence in asylum cases between 2010 and 2017, and draws on findings from fieldwork in Central Asian States in 2016–17. It advances two main arguments. The first argument is that refugee protection in the region is highly politicized and aligned with the self-interests of the States. The second argument is that, despite the lack of full compliance with refugee law in the region, over the past two decades, the ratification of the Refugee Convention and international pressure in landmark refugee cases and other efforts has led to noticeable improvements in refugee protection, and a reduction in refoulement in three States which care about their political image internationally (Kazakhstan, Kyrgyzstan, and Tajikistan).
Conference papers on the topic "Ratification procedure"
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Quadvlieg, F. H. H. A., E. Armaoglu, R. Eggers, and P. van Coevorden. "Prediction and verification of the maneuverability of naval surface ships." In SNAME Maritime Convention. SNAME, 2010. http://dx.doi.org/10.5957/smc-2010-t28.
Full textAbstract:
The North Atlantic Treaty Organization (NATO) Specialist Team for Seaway Mobility (ST/SM) has progressed significantly in the development of new mission-oriented maneuvering criteria in the format of a NATO Standardization Agreement (STANAG). This work was finalized in July 2010, and the STANAG has now been submitted for ratification to all NATO member countries. Navies can now include maneuverability requirements in their vessel specifications more comprehensively and accurately. Obviously, this will have implications for prospective ship designers and builders, who will be obliged to meet these requirements. The objective of this paper is to create awareness that these criteria are approaching soon. Tools and methods are to be prepared and validated to assist in the design of the vessel in accordance with the criteria. The paper explains the prediction and verification procedures of vessel compliance. First, the philosophy and approach of the criteria is explained and discussed. Discussing all criteria is a task too detailed for this paper, as there are up to 240 criteria, depending on missions and capabilities. A selected subset of criteria is discussed in this paper. An example of the verification process is carried out for one ship: the naval combatant benchmark vessel 5415M. The reader will be guided through the steps of: selection of criteria, selection of tools, and the verification itself. The contents of the steps will be different in each loop of the design spiral. This paper shows methods to predict and verify compliance with each requirement in both the conceptual and detailed design stage. In the conceptual design stage the verification is done by performing numerical simulations. In the detailed design stage, these simulations are augmented by a smart selection of scaled model tests.