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Journal articles on the topic 'The 1969 Vienna Convention on the Law of Treaties'
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1
Djordjevic, Stevan. "The effect of international treaties." Medjunarodni problemi 59, no. 1 (2007): 49–70. http://dx.doi.org/10.2298/medjp0701049d.
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The article is devoted to the doctrine and practice of the Law of Treaties. The author focuses his attention on the following four topics: 1. the Treaties and third States or third international organizations; 2. the Tre?aties that provide rights for third States or third international organizations; 3. the Treaties that set out obligations for third States or third international organizations. He pays special attention to the most-favoured-nation clau?se. The author gives interpretations of the Vienna Convention on the Law of Treaties 1969 and the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986.
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Fidelia, Fidelia, Syahmin Awaludin Koni, and Dedeng Zawawi. "Analisis Vienna Convention 1969 Mengenai Ketentuan Pembatalan, Pengakhiran dan Penundaan Atas Suatu Perjanjian Internasional." Jurnal Ilmiah Penegakan Hukum 6, no. 2 (2019): 108. http://dx.doi.org/10.31289/jiph.v6i2.2749.
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In the 1969 Vienna Convention on International Treaties, the provisions concerning the conditions for suspension, invalidity, termination of an international treaty turned out to contain provisions exceeding one third or 40 percent of the total number of the total Convention as many as 31 articles out of 85 articles starting from article 42 to article 72. where the provisions -these provisions have led to disputes and differences of opinion so that consensus is difficult to achieve at the time. This study aims to reveal the background or reasons why so many provisions regarding suspension, invalidity, and termination in the 1969 Vienna Convention are needed that can actually reduce the binding power of international treaties. This research is a normative juridical study, and is analytical descriptive. After careful research, it was found that the International Law Committee which formulated this convention had deliberately arranged it in such a way that it would cancel, terminate or suspend the implementation of an international treaty, no longer looking for reasons other than based on the reasons specified in The 1969 Vienna Convention.
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Kohona, Palitha T. B. "Some Notable Developments in the Practice of the UN Secretary-General as Depositary of Multilateral Treaties: Reservations and Declarations." American Journal of International Law 99, no. 2 (2005): 433–50. http://dx.doi.org/10.2307/1562508.
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This Note will examine developments in the practice of the United Nations secretary-general on reservations and declarations to treaties, particularly since 1994 when the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties was last updated. This period was marked by some notable developments in the previous practice, especially in connection with human rights treaties.The Vienna Convention on the Law of Treaties of 1969 (Vienna Convention) provides the framework for the functions of the secretary-general in his role as depositary of multilateral treaties. Most aspects of the law relating to reservations and declarations to treaties are also codified in the Vienna Convention.Over five hundred multilateral treaties are deposited with the secretary-general. The complex requirements relating to these treaties and the concerns of the many disparate states that may undertake treaty actions with regard to them have significantly influenced his practice. He is also conscious of the political sensitivities surrounding his decisions and the need to protect his own integrity and impartiality.
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Janev, Igor. "Uncertain Future and Prospects of the Prespa Agreement between Macedonia and Greece." Advances in Politics and Economics 3, no. 2 (2020): p1. http://dx.doi.org/10.22158/ape.v3n2p1.
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In the present article we discuss the future and prospects of the Prespa Agreement, concluded on June 17, 2018, between Macedonia and Greece aiming at resolving their “difference” over the name of Macedonia. The analysis is carried out by examining the legal aspects of United Nations Security Council Resolution 817 (1993) recommending the admission of Macedonia to UN membership but imposing on the applicant a provisional name (pending the settlement of difference over the applicant’s name), in particular its legal consistence with the provisions of Vienna Convention on the Law of Treaties (1969) and with the general jus cogens norms of International Law enshrined in the UN Charter. It is concluded that the UN SC Res.817 (1993) is by itself an ultra vires act and cannot serve as a legal basis for the Prespa Agreement (ex injuria jus not oritur), that the Prespa Agreement violates the provisions of the Vienna Convention on the Law of Treaties and the peremptory norms of International Law, particularly the principle of self-determination and enters into legal matters that belong stricto sensu to the domain of domestic jurisdiction of Macedonia. For these reasons the Prespa Agreement cannot be considered a legally valid treaty and, consequently, and Agreement can be subject of unilateral termination under provisions of Vienna Convention on the Law of Treaties (1969).
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Rosenne, Shabtai. "Commentary on the 1969 Vienna Convention on the Law of Treaties." Law & Practice of International Courts and Tribunals 8, no. 2 (2009): 297–303. http://dx.doi.org/10.1163/157180309x451114.
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Reichert-Facilides, Daniel. "Down the Danube: The Vienna Convention on the Law of Treaties and the Case Concerning the GabcïKovo-Nagymaros Project." International and Comparative Law Quarterly 47, no. 4 (1998): 837–54. http://dx.doi.org/10.1017/s0020589300062552.
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Over the last 30 years, the Vienna Convention on the Law of Treaties1 has emerged as one of the most influential instruments of modern international law. The Convention, which was adopted at the UN Conference on the Law of Treaties on 23 May 1969, entered into force on 27 January 1980 and has meanwhile been ratified by more than 80 States.2 Yet, as it does not operate retroactively,3 the scope of application is growing only slowly and its practical importance stems, rather, from the fact that the Convention is widely considered a restatement of customary international law. As early as 1971 the International Court of Justice referred to the articles governing termination for breach of treaty as a codification of the existing law on the subject.4 Since then both international tribunals and national courts have more and more habitually relied on the material provisions of the Convention to ascertain traditional rules of the law of treaties.5
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Pak, Hui-Chol, Hye-Ryon Son, and Son-Gyong Jong. "Analysis on the Legal Definition of Jus Cogens Provided in Article 53 of the Vienna Convention on the Law of Treaties." International Studies 59, no. 4 (2022): 315–35. http://dx.doi.org/10.1177/00208817221136375.
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The 1969 Vienna Convention on the Law of Treaties is a fundamental treaty providing rights and obligations that states assume in the conclusion and implementation of treaties. Some of the provisions of the Convention, however, continue to divide the legal scholarship. One of them concerns the legal definition of jus cogens provided in Article 53 of the Vienna Convention on the Law of Treaties. The international community, particularly the International Law Commission, has exerted strenuous efforts for a long time to reach a consensus on jus cogens. Nevertheless, the legal definition of jus cogens is still open to varying interpretation among different countries and international publicists. In this light, the article analyses the legal definition of jus cogens in three aspects. First, the connotation of the concept ‘peremptory norms of general international law’ is assessed in terms of particular, general and universal international law. Second, it analyses some problems arising in understanding the non-derogability from and modifiability of jus cogens. Finally, the article discusses some issues regarding ‘acceptance and recognition’ of jus cogens by the ‘international community of states as a whole’.
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Ispolinov, Aleхey. "Termination of international treaties: a riot of colors beyond the Vienna Convention on the Law of Treaties (1969)." Meždunarodnoe pravosudie 12, no. 3 (2022): 75–95. https://doi.org/10.21128/2226-2059-2022-3-75-95.
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The present article examines legal issues of termination of and withdrawal from international treaties, a topic traditionally neglected by scholars. The relevant provisions of the Vienna Convention on the Law of Treaties have been taken as a starting point of the analysis. It reveals that the drafters of the Convention, prioritizing the stability of treaties, consciously restricted the permitted grounds for treaty termination and withdrawal and conceived a lengthy and complicated procedure for these. At the same time the current state of treaty practice shows that the rules of the Vienna Convention have not been relied on and that in the vast majority of cases the treaties themselves contain specific provisions for termination and withdrawal. Being lex specialis such treaty provisions prevail in modern state practice and thus raise doubts about whether the relevant provisions of the Vienna Convention properly reflect customary international law. Statistical data on treaty terminations and withdrawals provide sufficient basis to agree with the opinion that termination and withdrawal are not just sporadic and anomalous actions of a few states but are efficient and regularly used tools for adapting treaty relations to changing foreign policy circumstances and priorities. The circumstances of some states’ withdrawals from the human right treaties as well as the European Union’s 2020 Termination agreement ending intra-EU investment agreements confirm that these actions arose from decisions of international courts, quasi-judicial bodies, and arbitration tribunals. In such cases the termination or withdrawal can be considered as the end of a dialogue between a state and an international adjudicative body and as the adjustment of that state’s initial expectations to current reality.
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Chapdelaine-Feliciati, Clara. "The semiotic puzzle: Authentic languages & international law." International Journal of Legal Discourse 5, no. 2 (2020): 317–41. http://dx.doi.org/10.1515/ijld-2020-2039.
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AbstractThe principle of the equal authority of authentic languages enshrined in the Vienna Convention on the Law of Treaties (1969) has created significant debates in the interpretation of multilingual treaties. In this context, the present article explores the complex ramifications of the legal translation of human rights treaty provisions and the “translatability” and transposition of legal concepts into other linguistic frameworks. It considers whether a semiotic analysis of the content of UN international human rights treaties conducted in a single authentic language, English or French, has a raison d’être, in light of Victoria Welby’s Threefold Laws of Meaning. The article further assesses whether the Sense and Significance of treaty provisions will differ in distinct languages. It begins by examining the important role attributed to English and French at the international level. Secondly, it studies the problem of the variations between the meaning(s) of provisions enshrining rights in two or more authentic languages, namely Arabic, English, Chinese, French, Russian and Spanish, and which interpretation should prevail under the Vienna Convention. For this purpose, it considers problems that arise expressly in English and French by conducting a comparative study of these languages with the Spanish and Chinese texts of the International Covenant on Civil and Political Rights (1966).
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Jagypparova, Aiym, and Zhyldyz Tegizbekova. "COMPARATIVE ANALYSIS OF THE PRACTICE OF IMPLEMENTING INTERNATIONAL HUMAN RIGHTS TREATIES IN THE REPUBLIC OF KAZAKHSTAN AND THE KYRGYZ REPUBLIC." Alatoo Academic Studies 23, no. 2 (2023): 428–39. http://dx.doi.org/10.17015/aas.2023.232.42.
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One of the main sources of international law is international treaties. According to Article 6 of the Vienna Convention on the Law of Treaties, each state has the legal capacity to conclude treaties. On 31 March 1993, the Resolution of the Supreme Council of the Republic of Kazakhstan "On Accession of the Republic of Kazakhstan to the Vienna Convention on the Law of Treaties of 1969" was adopted. Thus, international treaties are also valid law in the Republic of Kazakhstan. Despite this fact, often the acts of international bodies on the protection of human rights remain unimplemented. In the article the authors conduct a comparative analysis of the practice of implementation of international human rights treaties in the Republic of Kazakhstan and the Kyrgyz Republic. This article provides a comparative analysis of the practice of implementing international human rights treaties in the Republic of Kazakhstan and the Kyrgyz Republic. Consideration by international bodies of applications of applicants for the protection of rights and freedoms takes years. However, the right to appeal to international bodies is possible only after the exhaustion of domestic remedies for the protection of human rights, which is also a lengthy procedure.
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Nida'a Nader Qumsieh, Nida'a Nader Qumsieh. "Interpretation of Boundaries Treaties in the Light of General Principles of International Boundaries: تفسير المعاهدات الحدودية في ضوء المبادئ العامة للحدود الدولية". مجلة العلوم الإقتصادية و الإدارية و القانونية 5, № 20 (2021): 45–23. http://dx.doi.org/10.26389/ajsrp.d090621.
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This paper sheds the light on the general rules for interpretation of intentional treaties, and the scope of their application on boundaries treaties. It shows the reflection of stability and finality of boundaries and subsequent conduct principles, as well as rules of equity on interpretation of boundaries treaties. This study also makes good explanation on the legal nature of boundaries treaties, and how this nature was a reason for excluding boundaries treaties from the application of fundamental change of circumstance term, and excluding boundaries treaties form application of Vienna rules of succession of state. In ends that the scope of application of general rules for interpretation of treaties is limited to adhere with general principles of international boundaries, in particular principle of stability of boundaries and principle of subsequent conduct. It explains how rules of equity can be used to change boundaries delimitated by treaties. This paper ascertains that boundaries treaties where not a subject for legal disagreement when discussing Vienna Convention of Law of treaties 1969, and Vienna Convention on Succession of States in respect of Treaties 1978, and it was agreed to exclude these treaties form the terms of these treaties.
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Goode, Roy. "PRIVATE COMMERCIAL LAW CONVENTIONS AND PUBLIC AND PRIVATE INTERNATIONAL LAW: THE RADICAL APPROACH OF THE CAPE TOWN CONVENTION 2001 AND ITS PROTOCOLS." International and Comparative Law Quarterly 65, no. 3 (2016): 523–40. http://dx.doi.org/10.1017/s0020589316000221.
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It is a remarkable circumstance that with a few honourable exceptions all writers on international law in general and treaty law in particular focus exclusively on public law treaties. Private law conventions, including those involving commercial law and the conflict of laws, simply do not come into consideration. Yet such conventions, like public law conventions, are treaties between States and are governed by the 1969 Vienna Convention on the Law of Treaties and many of them are of great significance. Their distinguishing feature is, of course, that while only States are parties, private law conventions deal primarily, and often exclusively, with the rights and obligations of non-State parties. So while the treaty is international it does not for the most part commit a Contracting State to any obligation other than that of implementing the treaty in domestic law by whatever method that State's law provides, if it has not already done so prior to ratification.
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Elvardi, Jean, Firman Hasan, and Arya Putra Rizal Pratama. "The use of Language In International Agreements According to The 1969 Vienna Convention And Its Implementation In Indonesian National Law." Yuridika 37, no. 3 (2022): 515–38. http://dx.doi.org/10.20473/ydk.v37i3.28448.
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The use of language in international agreements is very important to establish international cooperation. It is also noteworthy that according to the Indonesian law, the international agreements related to several matters adopted by the government shall be translated to Bahasa Indonesia. However, the terms contained in Indonesian national law, in Bahasa Indonesia, often tend to be different from the meanings contained in international law, such as the 1969 Vienna Convention on the Law of Treaties. Thus, they often have multiple interpretations. As such, the use of language, especially relating to international agreements, can be a trigger for legal disputes. In this regard, using a legal research method by analyzing the international legal instruments and Indonesian national law, this paper digs into the use of language related to the adoption of an international agreement to an Indonesian Law, especially regarding the terms of “ratification,” “accession,” and others. It is argued that there is a difference of perspective within the “adoption of an international agreement” regarding the terms of “ratification” and “accession” under the 1969 Vienna Convention.
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Ilinskaya, O. I. "Doctrinal Approaches to the Problem of the Influence of a Fundamental Change in Circumstances on the Operation of Treaties." Actual Problems of Russian Law 19, no. 1 (2024): 179–88. http://dx.doi.org/10.17803/1994-1471.2024.158.1.179-18.
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The paper is devoted to the study of the views on the problem of the influence of a fundamental change in circumstances on the operation of treaties that existed in the science of international law before the adoption of the Vienna Convention on the Law of International Treaties of 1969. The author analyzes the following approaches, common in international legal science, to the problem of applying the rebus sic stantibus clause in interstate contractual practice: its unconditional support; her denial; recognition of the admissibility of using a clause in the presence of a number of conditions.Based on the study of special scientific literature, conclusions are drawn regarding the validity and acceptability of each of the approaches, which to a certain extent contributes to a proper understanding of the true meaning of the current conventional norm on the impact of a fundamental change in circumstances on international treaties. An analysis of the first approach, which assumes the right of any of the states party to the treaty to refuse to implement it in the event of such a change in circumstances that seriously affects the fundamental rights of this state, leads to the conclusion that in the absence of clear criteria for the use of a clause, it is almost impossible to reliably answer the question of whether after a change in circumstances, the implementation of the contract will threaten the fundamental rights of the state. The denial of the rebus sic stantibus clause was argued either by challenging its legal essence or by stating its inconsistency with the principle of pacta sunt servanda. The third approach, which is the most realistic, won approval at the UN Vienna Conference on the Law of Treaties and was normatively enshrined in the Vienna Convention of 1969, which ultimately made it possible to remove uncertainty regarding the impact of a fundamental change in circumstances on the operation of international treaties.
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Okoli, Pontian N. "Promoting Treaties in Nigeria and Operationalising the Singapore Convention on Mediation." African Journal of Legal Studies 17, no. 2 (2025): 164–95. https://doi.org/10.1163/17087384-12340113.
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Abstract In Nigeria, the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018) has entered into force. This Convention was incorporated or domesticated by referring to it in the Arbitration and Mediation Act (2023), but statutes are often dedicated to the domestication of treaties. There is no consensus on the most pragmatic way(s) to facilitate Nigerian treaty engagement. This article examines the Nigerian legal regime on treaties and explores the extent to which the regime can be maximised considering the Vienna Convention on the Law of Treaties (1969). A case is made for a principled basis to underpin the domestication of treaties that facilitate international business, including dispute resolution treaties. This analytical basis should enable legislative flexibility already woven into the overarching legal regime. The article articulates how such flexibility can be used to promote the operationalisation of relevant treaties using the Arbitration and Mediation Act as a paradigm.
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Ramaj, Erjona. "Binding International Norms, Jus Cogens." European Journal of Multidisciplinary Studies 5, no. 3 (2020): 65. http://dx.doi.org/10.26417/351efr96j.
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Article 53 of the Vienna Convention of 1969 states that a treaty is considered invalid if it is in conflict with existing norms of jus cogens, and under Article 64 of the treaty becomes invalid if it conflicts with a norm youngest of the same nature. The case Nicaragua against the United States made clear that the notion of jus cogens is steadily entrenched in international law, however, is still necessary to determine accurately that power rates referred to in Articles 53 and 64 of the Vienna Convention. Jus cogens norms include more those norms relating to morality or natural law than with traditional positivist rates derived from State practice. In general, this includes making aggressive war, crimes against humanity, war crimes, sea piracy, genocide, apartheid, slavery, and torture.Jus cogens norms are norms of customary international law which are so important, it can not be changed through treaties. Under the Vienna Convention on the Law of Treaties, any treaty that is contrary to jus cogens norms is invalid. Jus cogens norms are not listed, there is no catalog , their determined by any authoritative body, but these rates come from judicial practices and political and social attitudes, which are not values static. Jus cogens norm of unconditional right international, accepted and recognized by the international community norm from which no deviation is permitted. Unlike the common law, which traditionally requires the consent and It lets change obligations between states through treaties, norms jus cogens can not be violated by any state "through treaties international or local regulations or special customary, or even through general rules of customary not have the same normative force.
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Kamberi, Aurora. "Albanian National Museums: How to Overcome the Digital Gap Towards a Better National Heritage Promotion." European Journal of Multidisciplinary Studies 6, no. 1 (2021): 188. http://dx.doi.org/10.26417/380kdz58.
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Article 53 of the Vienna Convention of 1969 states that a treaty is considered invalid if it is in conflict with existing norms of jus cogens, and under Article 64 of the treaty becomes invalid if it conflicts with a norm youngest of the same nature. The case Nicaragua against the United States made clear that the notion of jus cogens is steadily entrenched in international law, however, is still necessary to determine accurately that power rates referred to in Articles 53 and 64 of the Vienna Convention. Jus cogens norms include more those norms relating to morality or natural law than with traditional positivist rates derived from State practice. In general, this includes making aggressive war, crimes against humanity, war crimes, sea piracy, genocide, apartheid, slavery, and torture.Jus cogens norms are norms of customary international law which are so important, it can not be changed through treaties. Under the Vienna Convention on the Law of Treaties, any treaty that is contrary to jus cogens norms is invalid. Jus cogens norms are not listed, there is no catalog , their determined by any authoritative body, but these rates come from judicial practices and political and social attitudes, which are not values static. Jus cogens norm of unconditional right international, accepted and recognized by the international community norm from which no deviation is permitted. Unlike the common law, which traditionally requires the consent and It lets change obligations between states through treaties, norms jus cogens can not be violated by any state "through treaties international or local regulations or special customary, or even through general rules of customary not have the same normative force.
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Seatzu, Francesco, and Paolo Vargiu. "The legal dimension of the Kunming-Montreal Framework in International Law." Anuario Español de Derecho Internacional 41 (May 14, 2025): 531–50. https://doi.org/10.15581/010.41.531-550.
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This paper examines the legal status of the Montreal Global Biodiversity Framework within the structure and framework of international law. While its consensus- based adoption by the Conference of the Parties (COP) might suggest straightforward classification, a closer analysis highlights challenges stemming from the uncertain international legal status of cop activities. Evaluating three primary perspectives – namely considering COP activities as treaties, equating them with international customs, or categorizing them as soft law – this note seeks to clarify their standing, shaped by consensus. The note also explores how this classification affects the interpretation and application of the Framework within the framework of the 1969 Vienna Convention on the Law of Treaties (VCLT).
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Linderfalk, Ulf. "Justification or Discovery? – A New Way to a Fuller Understanding of the Law on Treaty Interpretation." Baltic Yearbook of International Law Online 21, no. 1 (2024): 155–81. https://doi.org/10.1163/22115897_02101_008.
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For many years, Articles 31–33 of the 1969 Vienna Convention on the Law of Treaties (VCLT) have been considered a reflection of the international law that governs the interpretation of treaties. This essay identifies two different ways of conceiving of this law: it can be regarded either as a tool for the justification of meaning or a tool for its discovery. The essay clarifies the relationship that exists between these different conceptions of treaty interpretation and the scholarly struggle over some of the perennial questions in the treaty interpretation debate: the nature of the law laid down in Articles 31– 33 of the VCLT; the individuation of this law; and the concept of a clear meaning.
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Kamiński, Tomasz, and Elżbieta Karska. "PRZYMUS WOBEC PAŃSTWA JAKO PRZESŁANKA NIEWAŻNOŚCI TRAKTATU W ŚWIETLE KONWENCJI WIEDEŃSKIEJ Z 1969 ROKU." Studia Iuridica, no. 87 (October 12, 2021): 214–41. http://dx.doi.org/10.31338/2544-3135.si.2020-87.11.
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This article analyses the scope of the coercion of a state as a ground for invalidating a treaty under international law. The coercion of a representative of a state (i.e. duress) is also addressed. The paper presents the notion and the legal limitations of the use of force under international law. It also discusses duress and coercion of a state as grounds for treaty invalidity in an historical perspective. The main purpose of the paper, however, is to present the scope of the concept of the coercion of a state under the 1969 Vienna Convention on the Law of Treaties (VCLT). The article comments on the phrase of Article 52 of the VCLT on the invalidity of treaties that refers to the rules of international law, as embodied in the UN Charter, regarding the threat or use of force in concluding treaties. It considers whether the wording of VCLT articles on coercion as grounds for invalidating a treaty reflects customary rules of international law. The authors also consider a concept raised by certain developing states that coercion comprises not only the threat or use of force but also economic and political pressure. Finally, discussed are the procedures to invoke grounds for treaty invalidity applicable in the case of the coercion of a state.
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S., Perepolkin. "PEREMPTORY NORMS OF GENERAL INTERNATIONAL LAW (JUS COGENS): IDENTIFICATION AND LEGAL CONSEQUENCES." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 19(31) (June 13, 2025): 179–87. https://doi.org/10.33098/2078-6670.2025.19.31.179-187.
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Objective. The objective of this work is to disclose the main provisions of the Draft Conclusions on the Identification and Legal Consequences of Peremptory Norms of General International Law (jus cogens) adopted by the UN International Law Commission in 2022. Methodology. To achieve the stated research objective, the following scientific methods of inquiry were used: historical-legal; systemic-structural; comparative-legal; method of analysis; and method of synthesis. Results. Based on the findings of the study, it is emphasized that every representative of the Ukrainian nation should understand the essence and legal consequences of peremptory norms of general international law (jus cogens). For this purpose, in the educational process of higher education institutions, the characteristics of jus cogens norms should be presented not only in accordance with the provisions of the Vienna Convention on the Law of Treaties of May 23, 1969, but also with regard to other international treaties of general international law, the work of the UN International Law Commission, the practice of international courts and tribunals, national courts, as well as scholarly publications by foreign academics. Scientific novelty. The need to revise the approach to the characterization of peremptory norms of general international law (jus cogens) is emphasized, as many domestic scholars base their analyses exclusively on the provisions of the Vienna Convention on the Law of Treaties of May 23, 1969. In this regard, the main provisions of the Draft Conclusions on the Identification and Legal Consequences of Peremptory Norms of General International Law (jus cogens) adopted by the UN International Law Commission in 2022 are presented. Practical significance. The provisions outlined in the article can be used in scientific research, legal practice, and in the educational process.
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Fitzmaurice, Malgosia. "Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties." Leiden Journal of International Law 11, no. 2 (1998): 321–44. http://dx.doi.org/10.1017/s0922156598000247.
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The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.
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Karski, Karol, and Tomasz Kamiński. "Effective Application of the Rule on Fundamental Change of Circumstances to Treaties Contravening the 1997 Polish Constitution." International Community Law Review 17, no. 1 (2015): 68–94. http://dx.doi.org/10.1163/18719732-12341295.
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A fundamental change of circumstances is one of the more controversial reasons for the termination of a treaty. The fact that it was included in the 1969 Vienna Convention on the Law of Treaties gave rise to many disputes among legal scholars, including whether the solutions adopted then embodied customary law. In this context, an interesting case is offered by Poland which in 1999 invoked specific provisions of the Convention, both substantive and procedural, including a fundamental change of circumstances, and considered several treaties from the period of Soviet domination terminated with retroactive effect from 1997. The article discusses actions by the states involved and their legal effects. Interestingly, this is one of very few examples where a fundamental change of circumstances was an effective reason for bringing about the termination of treaties in a manner that has not drawn any objections nor has brought about any international accountability.
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Kalama, John, Grace Odon, Frank Prince, and Queen Odu. "The Question of Diplomatic Immunity and Privileges in International Law: The D.S.P Alamieyeseigh Experience." International Journal of Comparative Studies in International Relations and Development 9, no. 1 (2023): 157–66. http://dx.doi.org/10.48028/iiprds/ijcsird.v9.i1.11.
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The complex nature of the international system prompted states to adopt treaties, laws and conventions to facilitates peaceful international relations and mutual co-existence hence, this paper examined the relevance of these treaties, laws, rules and conventions especially as it relates to diplomatic immunity and who is qualified to enjoy such diplomatic immunity in contemporary international law. The study observed that elected state governors in Nigeria are entitled to diplomatic immunity as reflected in section 308 of the constitution of the federal republic of Nigeria 1999 as amended. Further findings also revealed that the arrest, detention and trial of D.S.P. Alamieyeseigha in London by the British government violated the provisions of the 1961 Vienna Convention on Diplomatic Relations, 1963 Vienna Convention on Consular Relations and the 1973 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons including diplomatic agents. Data for the study were drawn from secondary sources while analysis was done descriptively through the qualitative method. In other to strengthen international law and regulate the actions of states and leaders at the global level, state legislatures, national parliaments and agencies of government including the judiciary should be empowered to moderate and check the actions of state governors, president's and other category of political leaders. This will ensure that personal actions and acts are not misrepresented as acts of state/government at all levels.
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TAN Zhi Peng, Benny. "The International Law Commission's Draft Articles on the Effects of Armed Conflicts on Treaties: Evaluating the Applicability of Impossibility of Performance and Fundamental Change." Asian Journal of International Law 3, no. 1 (2013): 51–76. http://dx.doi.org/10.1017/s204425131200032x.
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The International Law Commission recently completed its work on the controversial issue of the effects of armed conflicts on treaties, culminating in the adoption of a set of eighteen draft articles and an annex. The Commission's efforts are nothing short of commendable, but this article argues that insufficient attention has been paid to the role of supervening impossibility of performance and fundamental change of circumstances in determining the effects of armed conflicts on treaties. Although both doctrines may in fact appropriately apply in the context of armed conflicts, the mere referencing of them in the adopted draft articles gives rise to several problems. In particular, the two doctrines were codified by the 1969 Vienna Convention on the Law of Treaties without their application to armed conflicts in mind. Some changes to the draft articles are proposed to address these difficulties.
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Konovalenko, Tetiana. "Miejsce umów międzynarodowych w porządku prawnym Ukrainy." Przegląd Prawa Konstytucyjnego 67, no. 3 (2022): 213–24. http://dx.doi.org/10.15804/ppk.2022.03.16.
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An important factor in shaping the legal system of an independent democratic state is to define the place of its international obligations in the domestic legal system. International law binds states that are bound by its norms governing their cooperation within the international community. Therefore, it is necessary to refer to the problem of the relation of international law to internal law by analyzing the regulations of the Ukrainian legislation and the international conventions concluded by it. The subject of the analysis are the provisions of the Constitution of Ukraine of 1996 and the Act on International Agreements of 2004 as well as the provisions of the Vienna Convention on the Law of Treaties of 1969, to which the Ukrainian Soviet Socialist Republic acceded in 1986 and to which Ukraine is now a party.
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McDade, Paul V. "The Effect of Article 4 of the Vienna Convention on the Law of Treaties 1969." International and Comparative Law Quarterly 35, no. 3 (1986): 499–511. http://dx.doi.org/10.1093/iclqaj/35.3.499.
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Ziegler, Karl-Heinz. "Conclusion and Publication of International Treaties in Antiquity." Israel Law Review 29, no. 1-2 (1995): 233–49. http://dx.doi.org/10.1017/s0021223700014655.
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1. The Vienna Convention on the Law of Treaties of 1969 has defined in its art. 2 the international treaty as an international agreement between states concluded in written form. Only in art. 3 the said Convention makes clear that other international agreements might be valid, too. The United Nations Charter art. 102 ensures that international treaties concluded by the member states are registered and published by the Secretariat of the United Nations. These rules and the practice of our actual Law of Nations are the results of a complicated development which has its origins in antiquity. From the early beginnings in the third millenium B.C. until the 16th century A.D. we can observe that international treaties, in spite of their being reported, registered and passed on in written form, are concluded not through written instruments, but through declarations of the treaty-making parties, solemnly confirmed by mutual oaths. We shall not delve into the history of medieval and modern international law but limit our observations to the legal history of preclassical and classical antiquity, which Reuven Yaron has enriched by so many important contributions.
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Heidemann, Maren. "Object and Purpose in International Uniform Law Conventions." European Business Law Review 29, Issue 6 (2018): 907–27. http://dx.doi.org/10.54648/eulr2018035.
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Object and purpose of an international treaty appear frequently as word pair in the 1969 Vienna Convention on the Law of Treaties (VCLT) where the word pair is often understood to form a fixed expression with an interchangeable meaning of the two words. Most relevant for questions of interpretation of uniform law conventions in general is Art. 31 VCLT . The author submits that object has a separate meaning from purpose and that the object of a treaty in particular can be used as a powerful tool for the interpretation and justification of uniform law. An outline of the intricate interplay between the notion of contract and treaty interpretation is given and the meaning of both terms analysed in detail. The use of object and purpose can open up new avenues for putting the existing codified uniform law to best use as well as developing guidelines for future legislation.
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Saliya, M. R. "The concept of "WTO law": The Debate Continues." Actual Problems of Russian Law, no. 7 (July 1, 2018): 199–208. http://dx.doi.org/10.17803/1994-1471.2018.92.7.199-208.
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The phenomenon of the law of the World Trade Organization continues to be the starting point for the subject of study by international lawyers. The study of the provisions of the "package of WTO agreements", the practices of arbitration groups and the Appeals Body, the reports of the International Law Commission on fragmentation in international law and the scientific doctrine of various countries prove that "WTO law" is a "special treaty regime" existing in the international law framework. Its isolation is out of the discussion at least because the application of the norms of "WTO law" is carried out in accordance with the provisions of the Vienna Convention on the Law of Treaties of 1969. This article is an attempt to present the author's point of view on the existing problem.
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McCall-Smith, Kasey L. "Mind the Gaps: The ilc Guide to Practice on Reservations to Human Rights Treaties." International Community Law Review 16, no. 3 (2014): 263–305. http://dx.doi.org/10.1163/18719732-12341282.
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At the best of times the rules on reservations to treaties baffle many international law practitioners and the states that must navigate them. The persisting confusion from the application of the default reservations regime codified by the 1969 Vienna Convention is exacerbated when these rules are used to interpret reservations to human rights treaties. Great hope for clarity in the reservations rules was focused on the outcome of the ilc’s Guide to Practice on Reservations. However, following the 2011 publication of the Guide it is apparent that despite several progressive guidelines, little has changed in the context of reservations to human rights treaties. This article examines the practice of making reservations to human rights treaties. Specifically it will address the problems perpetuated by the object and purpose test, the lack of clarity of the legal effect and consequence of invalid reservations as well as the question of who decides invalidity.
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Karliuha, Yelyzaveta. "Human Dignity as the Foundation of Peremptory Norms in International Law: Theoretical Considerations and Practical Implications." International and Comparative Law Review 24, no. 1 (2024): 74–84. https://doi.org/10.2478/iclr-2024-0004.
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Summary The concept of human dignity receives considerable scholarly attention in international law. More often, however, such studies primarily focus on the genesis, definition, and functions of human dignity across various domains of international law, particularly within the ambit of international human rights law. This research seeks to inquire into a less-explored connection between human dignity and jus cogens. Such an attempt is made to elucidate the foundational character of human dignity for peremptory norms through the examination of travaux préparatoires of the 1969 Vienna Convention on the Law of Treaties, relevant treaties, as well as international and domestic jurisprudence. The overarching aim of this study is twofold: firstly, to enrich the discourse on human dignity by examining it as a general legal principle underpinning jus cogens, while illuminating its operational role within the international legal order; secondly, to provide further insights into the legal category of jus cogens by delineating the rationale for its existence and the foundations that support it.
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Christyanti, B. Lora. "Jus Cogens Sebagai Dasar Mengikatnya Hukum Internasional." Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang 5, no. 2 (2022): 196. http://dx.doi.org/10.33474/yur.v5i2.14611.
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In the international relations, the relation between states is not a single dimension relation. Thus, it needs a regulation that applied universally. International law, do not own legal binding, has no strong legal position. Thus, it is needed to conduct a research on how is the legal standing of international law as a legal binding? This kind of research is a normative legal research conducted by secondary data. Based on the research, international law acquired their legal bonding form the paradigm of the natural law, which recognizes the universal norms, which is also known by international law as jus cogens. To strengthen the position of universal norms, jus cogens is codified in the Vienna Convention on The Law of Treaties on 1969, hence approved by positivists as a peremptory norm.
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Purtova, A. "International agreements in the system of sources of legal regulation consular activities." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 456–60. http://dx.doi.org/10.24144/2307-3322.2021.69.75.
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Consular offices and their employees in the performance of consular functions are guided by the legislation of Ukraine, the legislation of the host country, international treaties of Ukraine and international customs, which are a system of sources of legal regulation of consular activities. International multilateral and bilateral treaties play an important role in the regulation of consular activities, as they form the basis of consular law as a branch of public international law.
 Modern consular law is a convention law. Its important sources include the Caracas Convention on Consular Functions of 1911, the Havana Convention on Consular Officials of 1928, the European Convention on Consular Functions of 1967, and the Vienna Convention on Consular Relations of April 24, 1963, which entered into force on March 18, 1967. and has a universal character, as well as bilateral consular conventions (and other types of agreements in this area).
 Based on the analysis of the practice of concluding international agreements in the field of consular activities in Ukraine, the article identifies the types of such agreements and the standard structure and content of the consular convention.
 It is concluded that international treaties are an important international legal instrument in the field of initiating and implementing consular relations between states, play a systemic role in the system of sources of legal regulation of consular activities. Based on international customs, they, in turn, determine the content of national legislation of Ukraine and host countries in the field of consular relations.
 The concluded international bilateral agreements of Ukraine need to be streamlined and systematized. A systematic and unified approach also requires further conclusion of such agreements with countries with which consular relations have not yet been established (not regulated).
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Shcherbyna, Veronika, and Ivanna Maryniv. "Temporary application of international treaties: legal aspects." Law and innovations, no. 4 (36) (December 15, 2021): 58–62. http://dx.doi.org/10.37772/2518-1718-2021-4(36)-8.
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Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.
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Ilinskaya, O. I. "A CHANGE OF TREATIES IN INTERNATIONAL PRACTICE." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (March 14, 2021): 83–94. http://dx.doi.org/10.17803/2311-5998.2020.76.12.083-094.
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Any international treaty provides balanced obligations for its parties. Modification of some fundamental circumstances, existing by the moment of conclusion of a treaty, leads to necessity of its adaptation to new conditions. In this regard, the author was concentrated on the investigation of the current problem of modification of international treaties. The author focuses on different international treaties for the purpose of identification general and specific ways of modification of treaties, which have been formed by international practice. The article deals with the treaty practice of states on modification of treaties. Particular attention is paid to the norms of the Vienna Convention on the Law of Treaties, 1969. The author uses different methods of scientific research: systematic, structural, historical, comparative analysis. As a result of the study, the author came to the conclusion concerning the most typical ways of modification of treaties. Despite widespread treaty practice of inclusion of special measures of modification of treaties, there are some other ways of modification of treaties. For example, a treaty can be revised by subsequent practice of states or periodic conferences of its participants.
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Romanova, E. E. "“WTO Law”: Interconnection with International Law." Actual Problems of Russian Law 17, no. 4 (2022): 115–24. http://dx.doi.org/10.17803/1994-1471.2022.137.4.115-124.
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Regulation of trade relations is a complex process that is getting more complicated year by year. The evolution of such relations led to the idea of creating a specialized institution, namely the World Trade Organization. The Marrakesh Agreement created a truly international organization, that is, as defined by the International Law Commission in its draft articles on the responsibility of international organizations, an organization established by a treaty or other instrument governed by international law and having its own international legal personality. Specialists in the field of international law continue to discuss the law governing the activities of the World Trade Organization (WTO). WTO law is a set of agreements and annexes to them, protocols of accession, decisions of WTO bodies, which allows us to consider it a special treaty regime within the framework of international law. WTO law is not isolated, as it is implemented in accordance with the 1969 Vienna Convention on the Law of Treaties. This paper attempts to determine the place of WTO law in international law.
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Salamov, N. M. "Statements of heads of state as one of the types of international agreements: problems and suggestions." Siberian Law Herald 3 (2024): 131–37. http://dx.doi.org/10.26516/2071-8136.2024.3.131.
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Using the example of the Statement of the President of the Republic of Azerbaijan, the Prime Minister of the Republic of Armenia and the President of the Russian Federation dated November 9, 2020, the legal nature of statements by heads of state was stud-ied. The relevance of the research topic is emphasized, due to the problems of statements by heads of state as one of the types of international treaties. It was revealed that when adopting this Statement, the contracting parties committed legal flaws related to the content, the expression of consent to be bound by its provisions, registration and publication. It has been established that statements by heads of state establishing, changing or terminating mutual rights and obligations, formalized in writing, are interna-tional treaties. Taking into account the principles of international law, it is concluded that, being international agreements, the Declarations fall within the scope of application of the Vienna Convention on the Law of Treaties, 1969, and the provisions of this convention must apply to them. It is recommended to conclude international agreements called Statements in the manner estab-lished by the norms of international and domestic law of the states party to the agreement. On official Internet portals where in-ternational treaties are officially published, add a form such as Statement to their titles.
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Popa, Liliana E. "The Holistic Interpretation of Treaties at the International Court of Justice." Nordic Journal of International Law 87, no. 3 (2018): 249–343. http://dx.doi.org/10.1163/15718107-08703002.
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This article revises the topic of treaty interpretation at the International Court of Justice and focuses on what judges at this Court do in terms of treaty interpretation. The main argument developed in the article, based on an extended analysis of case-law at the ICJ, prior to and after the adoption of the 1969 Vienna Convention on the Law of Treaties, is that the ICJ’s approaches to interpretation after the VCLT was adopted are consistent with the canons of treaty interpretation which this Court has greatly developed and applied with consistency since its inception. The case-law analysis reveals a preference of the PCIJ/ICJ for holistic interpretation, and thus for the use of more rules and methods of interpretation than initially declared by the Court as sufficient to solve the issue of interpretation before it, in an interpretative approach which could be termed ‘overbuilding’.
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Park, Pae Keun. "Settlement of Conflicts of Successive Treaties: Problems in the Interpretation and Application of Article 30 of the 1969 Vienna Convention on the Law of Treaties." Korea International Law Review 64 (February 28, 2023): 1–24. http://dx.doi.org/10.25197/kilr.2023.64.1.
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Article 30 of the 1969 VCLT, the most important article in settling conflicts of successive treaties, contains many obscure aspects and problems related to the application. The word ‘successive’ translated into Korean is apt to cause misunderstanding. When we read the Korean text of the article, it should be kept in mind that the word ‘successive’ only means the earlier and later relation in time between different treaties. In Art. 30 of the VCLT, conflict of treaties is expressed as ‘incompatibility’ between an earlier treaty and a later treaty. In this paper, it is suggested that ‘conflict’ includes not only that among prescriptive norms but also that between prescriptive norms and permissive norms.
 Art. 30 of the 1969 VCLT only applies to the conflicting successive treaties relating to the ‘same subject-matter’. It is a difficult theoretical problem how we can determine the sameness of the subject-matter of two treaties. It may be said that conflict of treaties occurs only when those treaties deal with the same subject-matter. Therefore, this theoretically difficult problem will not cause practical difficulty in the application of the Article.
 When two successive separate treaties conflict with each other, Art. 30 will be applied. However, when the original treaty and amended treaty conflict with each other, Art. 40 will regulate the problem. Therefore, it is important to discern whether the two conflicting treaties are the original treaty and the amended treaty or not. If a later treaty is agreed upon through amendment procedures, that will be a strong implication that it is an amended treaty rather than a separate new treaty.
 The last problem concerns the criterion to be used to determine which treaty is earlier or later between two conflicting treaties. As the adoption of the treaty represents the new legislative intention of the parties, the date of adoption will be the most reasonable criterion.
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Ali Ibrahim Khamis, Muhammad. "Training Between International and Domestic Law Regarding the Superiority of Each Person’s Conditions." Bilad Alrafidain Journal of Humanities and Social Science 6, no. 4 (2024): 40–51. https://doi.org/10.54720/bajhss/2024.060404.
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International law differs from domestic law in terms of scope, jurisdiction, and implementation mechanisms. It also has direct binding force on individuals and institutions within the state. Domestic law is characterized by the presence of a constituent authority that drafts the constitutional document, a legislative authority that drafts ordinary laws, and an executive authority that drafts regulations and instructions. The importance of this study lies in the distinction between international and domestic law. We do not find a significant difference in the gradation of its rules despite the absence of those three authorities that are known to exist in domestic law. If they exist, they are at least not in the usual form at the national level. However, there is a problem that has always taken up a large space and a difference between international law scholars and judicial rulings in defining these rules. The Vienna Convention on the Law of Treaties did not address this type of rule and was satisfied with referring to it only. However, we see that the International Court of Justice avoids, in its decisions and advisory opinions, resorting to naming the rules of jus cogens directly, unlike the Vienna Convention on the Law of Treaties of 1969. Perhaps the reason for this is due to two things: the first is caution in disclosing the existence of these rules, and the second is the commitment to neutrality towards these rules. Therefore, we find the court referring to these rules on more than one occasion, but using different terms to refer to the same meaning that the rules of jus cogens refer to.
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Munin, Nellie. "Can Customs Rules Solve Difficulties Created by Public International Law?: Thoughts on the ECJs Judgment in the Brita Case (C-386/08)." Global Trade and Customs Journal 6, Issue 4 (2011): 193–207. http://dx.doi.org/10.54648/gtcj2011026.
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The Brita case decided by the European Court of Justice (ECJ) in early 2010 refers to the application of rules of origin in the EC-Israel and EC-PLO Association Agreements to territories occupied by Israel in 1967 and held by it since. The decision of the ECJ, based on the general principles of public international law, reflects the European Union's (EU's) policy toward the region but does not contribute to the enhancement of international trade in these areas. This article suggests that alternative, trade-oriented legal approaches to this dispute, based on the interpretation of the relevant Association Agreements according to the principles of the Vienna Convention on the Law of Treaties (VCLT) 1969 and on the General Agreement on Tariffs and Trade (GATT), might have better served the trade interests of all the parties involved, in the short term, thus facilitating the enhancement of the peace process in the region in the medium to long term.
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Moir, Lindsay. "Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I." Military Law and the Law of War Review 61, no. 2 (2023): 125–59. http://dx.doi.org/10.4337/mllwr.2023.02.01.
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Belligerent reprisals are a largely discredited method for the enforcement of international humanitarian law, which have been progressively limited and prohibited. Additional Protocol I of 1977 prohibits reprisals against enemy civilians but the United Kingdom lodged a reservation upon its ratification of the Protocol reserving the right to engage in reprisal activity against enemy civilians in certain circumstances. This article assesses the permissibility of the United Kingdom’s reservation according to the regulatory framework set out in the 1969 Vienna Convention on the Law of Treaties, which provides that a reservation is not permissible if it is incompatible with the object and purpose of the treaty. It then considers the possible legal effects of the reservation should it be determined to be impermissible.
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Fitzmaurice, Malgosia. "Concept of a Treaty in Decisions of International Courts and Tribunals." International Community Law Review 20, no. 2 (2018): 137–68. http://dx.doi.org/10.1163/18719732-12341371.
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Abstract This article investigates and analyses the work of the International Law Commission concerning what constitutes a treaty in international law, and the role of international courts and tribunals in developing the definition of treaty as enshrined in the 1969 Vienna Convention on the Law of Treaties (‘the VCLT’). The definition of the treaty in the VCLT is the starting point of the discussion. The article argues that there is a whole host of new elements which appear in the practice of international courts and tribunals (including the International Court of Justice) that supplement the classical definition in the VCLT. However, judicial practice in international courts and tribunals is rather diverse which inhibits the formulation of a uniform and consistent general rule in respect of the definition of the treaty outside that of the VCLT.
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Linderfalk, Ulf. "On the Meaning of the 'Object and Purpose' Criterion, in the Context of the Vienna Convention on the Law of Treaties, Article 19." Nordic Journal of International Law 72, no. 4 (2003): 429–48. http://dx.doi.org/10.1163/157181003772759476.
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AbstractAccording to the provisions laid down in Article 19 of the 1969 Vienna Convention on the Law of Treaties a state that consents to be bound by a treaty may not formulate such reservations to the agreement, which are incompatible with its object and purpose. This socalled 'object and purpose criterion' has long been puzzling actors of public international law. What does it mean for a reservation to be incompatible with 'the object and purpose' of a treaty? The answer suggested below is the following: a state may not formulate a reservation, if it means (i) that an application of the treaty as modified would run counter to a telos of the treaty; or (ii) that a remaining part of the treaty would be emptied of practical meaning.
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Sanchez-Graells, Albert. "The Growing Thicket of Multi-layered Procurement Liberalization Between WTO GPA Parties, as Evidenced in Post-Brexit UK." Legal Issues of Economic Integration 49, Issue 3 (2022): 247–68. http://dx.doi.org/10.54648/leie2022012.
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The World Trade Organisation (WTO) Government Procurement Agreement (GPA) has created the most comprehensive plurilateral system for procurement-related trade liberalization. However, there has been a proliferation of free trade agreements (FTAs) regulating public procurement liberalization, including between GPA parties. Such FTAs seek to bypass or go beyond the GPA on a bilateral basis, or with a more limited plurilateral remit. Such FTAs tend to follow a ‘GPA+’ approach to provide incremental trade liberalization based on the substantive provisions of the GPA. However, there is a trend of substantive divergence between the GPA regulatory baseline and the FTA regulation of crucial issues, such as the national treatment obligation or access to remedies. This is also true of FTAs involving the European Union (EU) or, recently, its former Member State, the UK. This creates a situation of potential conflict of treaty norms that has so far received limited attention. This article focuses on the resolution of conflicts between GPA and FTA substantive provisions under the 1969 Vienna Convention on the Law of Treaties (VCLT), using the UK’s post-Brexit FTAs as a case study. It argues for a rationalization of the system by extending the use of incorporation by reference of the GPA in FTAs involving GPA parties. World Trade Organisation, Government Procurement Agreement, Free Trade Agreements, public procurement, national treatment, access to remedies, conflict of treaty norms, Vienna Convention on the Law of Treaties, interpretation, variable geometry
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Tetley, William. "Canadian Interpretation and Construction of Maritime Conventions." Revue générale de droit 22, no. 1 (2019): 109–28. http://dx.doi.org/10.7202/1058170ar.
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In this article, the author first describes the essentially civilian nature and origin of maritime law in the United Kingdom, the United States and Canada, a point unfortunately overlooked in the Supreme Court of Canada’s decision in the Buenos Aires Maru case [1986] 1 S.C.R. 752, but recognized in the judgement of the same Court in Chartwell Shipping Ltd v. Q.N.S. Paper, [1989] 2 S.C.R. 683. The article touches briefly on the federal jurisdiction over maritime law in Canada, the dual jurisdiction of the Federal Court and the superior courts of the provinces in maritime matters and the mixed civilian / common law system in Quebec. Consideration is then given to the Constitution Act, 1867, as interpreted by the much-criticized Labour Conventions decision of the Privy Council [1937] A.C. 326. The decision held that although the power to conclude international treaties and conventions in Canada is vested in the federal government alone, the enactment of the domestic legislation required to secure the implementation of such international agreements is not an exclusively federal matter, but may be a question of either federal or provincial competence, depending on the subject matter of the treaty or convention concerned. The author then reviews the principal rules of statutory interpretation which are provided for by the Vienna Convention on the Law of Treaties of 1969. He points out that, notwithstanding Canada’s ratification of this Convention in 1970, Canadian courts still tend to apply traditional (and often narrow) techniques of statutory interpretation when called upon to construe treaty texts, rather than keeping the goals of the agreement and intent of the parties in view, as the Vienna Convention requires. He indicates, however, a more recent judicial trend towards a more liberal methodology, as evidenced in decisions like R. v. Palacios, (1984) 45 O.R. (2d) 269 (Ont. C.A.) The article concludes with a brief overview of the major statutory interpretation rules applied by Canadian courts in construing local laws and international agreements and some aids to such interpretation. Professor Tetley, as a last tribute, applauds what he sees to be the slowly emerging "general consensus" on statutory and treaty interpretation in Canada.
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Della, Anesva Sari, Ratu Dian Latifah, Handra Anie, Ema Septaria, and M. Ilham Adepio. "“Implementasi Prinsip Good Faith dalam Penyelesaian Sengketa Laut Cina Selatan: Telaah Yuridis terhadap Penolakan China atas Putusan Arbitrase Berdasarkan Vienna Convention on the Law of Treaties”." Jurnal Risalah Kenotariatan 6, no. 1 (2025): 64–74. https://doi.org/10.29303/risalahkenotariatan.v6i1.320.
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ABSTRAK Penelitian ini mengkaji implementasi prinsip itikad baik (good faith) dalam penyelesaian sengketa Laut Cina Selatan, dengan fokus pada penolakan China terhadap putusan Mahkamah Arbitrase Internasional tahun 2016. Dalam konteks sengketa yang melibatkan klaim tumpang tindih antara China, Filipina, Vietnam, Malaysia, Brunei, dan Taiwan, penelitian ini menelaah bagaimana dua instrumen hukum internasional utama, yaitu United Nations Convention on the Law of the Sea (UNCLOS) 1982 dan Vienna Convention on the Law of Treaties (VCLT) 1969, dijadikan kerangka untuk menilai validitas dan implikasi putusan arbitrase. UNCLOS mengatur batas wilayah laut melalui penarikan garis dasar dan menetapkan hak-hak negara pesisir, sedangkan VCLT menggarisbawahi prinsip pacta sunt servanda yang mengharuskan negara untuk melaksanakan perjanjian dengan itikad baik.Putusan arbitrase pada 12 Juli 2016 menyatakan bahwa klaim historis China melalui Nine-Dash Line tidak memiliki dasar hukum yang sah menurut UNCLOS. Meskipun putusan tersebut telah dihasilkan melalui mekanisme penyelesaian sengketa internasional yang sah, China secara tegas menolak untuk mengakui putusan tersebut, dengan alasan bahwa mahkamah tidak memiliki yurisdiksi atas sengketa ini. Penolakan tersebut dinilai bertentangan dengan prinsip itikad baik sebagaimana diatur dalam VCLT dan menimbulkan tantangan serius terhadap penegakan hukum internasional. Penelitian ini menggunakan metode normatif dengan pendekatan kualitatif melalui telaah pustaka terhadap doktrin, literatur, dan putusan pengadilan internasional. Hasil analisis menunjukkan bahwa penolakan China tidak hanya melemahkan sistem penyelesaian sengketa internasional, tetapi juga dapat menyebabkan ketidakstabilan regional melalui peningkatan ketegangan geopolitik. Oleh karena itu, penerapan prinsip itikad baik menurut VCLT merupakan landasan penting untuk memelihara kepercayaan dan stabilitas dalam penyelesaian sengketa internasional, sehingga negara-negara harus berkomitmen menghormati putusan yang sudah dihasilkan melalui mekanisme hukum yang telah disepakati bersama. Kata kunci: Sengketa Laut Cina Selatan; perjanjian internasional; Vienna Convention on the Law of Treaties; implementasi; implikasi.
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Gu, Wenshuo, and Irina Alekseevna Chernykh. "Genesis of the Institution of Denunciation in the Theory and Practice of the Law of Treaties." Международное право, no. 1 (January 2025): 36–52. https://doi.org/10.25136/2644-5514.2025.1.72988.
Full textAbstract:
International treaties throughout the history have always played a key role in regulating relations between states. However, the constant development of international law and the changing conjuncture of international relations have led to both the conclusion and withdrawal from international treaties. The doctrine of international law, including the history of international law and the law of treaties, focuses more on the procedures of signing, conclusion and entry into force of international treaties, while the issues of termination of international treaties have less attention from international legal scholars. The relevance of the topic of denunciation of international treaties is due to both the difficulties arising in the exercise of the right to denunciation and the need for a detailed international legal regulation of this process. In order to identify the essential characteristics of the institution of denunciation of international treaties, the article conducts a comprehensive historical and legal analysis using the methods of comparative legal research. The novelty of this article lies in systematizing the evolution of the right to denunciation of international treaties from exogenous to endogenous character, as well as in identifying the influence of political factors on its practical implementation. For the first time, these developments are considered in the context of the fundamental principle of the law of treaty - pacta sunt servanda. It is noted that the institution of denunciation of international treaties has undergone significant evolution since ancient times. The key role in its formation was played by the London Convention of 1871 and the Vienna Convention of 1969. These documents were used to develop the periodization of the right to denunciation, which includes three stages. The existing international legal framework regulates the application of the right of denunciation in a non-exhaustive manner, resulting in a fragmented practice. Further development of this institution requires the unification of norms and mechanisms of control of the right to denunciation to prevent abuse of this right and to ensure the stability of international treaties.
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Bhala, Raj, and Eric Witmer. "Pragmatic Literary Theories and WTO Treaty Interpretation." Journal of World Trade 55, Issue 3 (2021): 409–32. http://dx.doi.org/10.54648/trad2021017.
Full textAbstract:
‘No connection!’ That may be the thought of conventional, old-fashioned thinking as to ‘literary theory’, on the one hand, and ‘WTO treaty interpretation’, on the other hand. In fact, the conventional wisdom as to how the World Trade Organization (WTO) Appellate Body must interpret disputed terms in a treaty is incomplete. That orthodoxy says the Appellate Body is restricted to the tools provided by Articles 31– 32 of the 1969 Vienna Convention on the Law of Treaties. The key such tool is a lexicographic hammer, namely, finding the plain meaning of a word or phrase at issue in a case between two WTO Members, with occasional recourse to surrounding passages or to the purpose of the treaty in which the disputed term is located. But Articles 31–32 comprise a larger tool kit than obsessive focus on the definition of a disputed word or phrase. In truth, those Articles allow not only for Textualist and Contextualist techniques, but also Pragmatic ones. All such techniques are rich, nuanced tools familiar in English Literary Theory. An honest, open-minded account of the tools the Appellate Body has at its disposal to make decisions should acknowledge the possibilities this tripartite taxonomy affords, rather than castigate the Appellate Body for judicial activism if it allegedly strays from strict constructionism. interpretation, treaty, WTO Appellate Body, pragmatic, literary, Vienna Convention, trade