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Hildenbrand, D. L., K. H. Lau, J. Perez-Mariano, and A. Sanjurjo. "Thermochemistry of the Gaseous Vanadium Chlorides VCl, VCl2, VCl3, and VCl4." Journal of Physical Chemistry A 112, no. 40 (October 9, 2008): 9978–82. http://dx.doi.org/10.1021/jp803711w.
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Fitzmaurice, Malgosia. "Concept of a Treaty in Decisions of International Courts and Tribunals." International Community Law Review 20, no. 2 (April 17, 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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Panjwani, Pratyush. "The Role of Travaux in Interpreting BIT Provisions: Are Tribunals Over-Prepared to Resort to Preparatory Works?" Journal of World Investment & Trade 20, no. 4 (August 27, 2019): 473–512. http://dx.doi.org/10.1163/22119000-12340140.
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Abstract While multilateral investment treaties have formed the centrepiece of much academic discourse, an uncharacteristic literary silence has eclipsed the issue of interpretation of bilateral investment treaties under the scheme of the Vienna Convention on the Law of Treaties (VCLT). This article travels this untraversed territory by revisiting the basics of the principles encapsulated in the hierarchical set-up of Articles 31 and 32 VCLT, and juxtaposing this foundational set-up against its frequent oversights by investment tribunals. These oversights are exemplified by the divergent interpretative analyses afforded to umbrella and most-favoured-nation clauses, and emanate from a premature resort to the travaux préparatoires of investment treaties under Article 32 VCLT. Ultimately, the article argues that a proper application of the VCLT would go a long way in eliminating the contradictions tainting the understanding of the aforesaid clauses.
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Simonsick, William Joseph. "Is Provisional Application on the Rise in International Investment Agreements? The European Union’s Recent Treaty Practice and the Curious Case of Von Pezold." Nordic Journal of International Law 88, no. 2 (April 24, 2019): 180–215. http://dx.doi.org/10.1163/15718107-08802002.
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As the Vienna Convention on the Law of Treaties (vclt) approaches its 50th birthday, the peculiar phenomenon of provisional application appears to be on the rise. Although previously confined, in the sphere of international investment agreements (iias), to the context of the Energy Charter Treaty, provisional application is increasingly seen in European Union multilateral investment treaties. Furthermore, the recent decision of Von Pezold has explored the open-ended nature of Article 25(1)(b) vclt, and the potential range of iias to which provisional application is possible. Subject to textual interpretation authorized by Articles 31 and 32 vclt, found in Kardassopoulos, Petrobart and the Yukos Oil tribunals, provisional application is a legal regime that can very easily lead towards unintended results. This article suggests the solutions of more careful syntax and grammar, and limiting clauses and changes in legal processes, to further mature provisional application jurisprudence.
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van Aaken, Anne. "The Cognitive Psychology of Rules of Interpretation in International Law." AJIL Unbound 115 (2021): 258–62. http://dx.doi.org/10.1017/aju.2021.34.
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While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases and heuristics affect the way judges and other interpreters use the VCLT rules.
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Rietiker, Daniel. "The Principle of "Effectiveness" in the Recent Jurisprudence of the European Court of Human Rights: Its Different Dimensions and Its Consistency with Public International Law – No Need for the Concept of Treaty Sui Generis." Nordic Journal of International Law 79, no. 2 (2010): 245–77. http://dx.doi.org/10.1163/157181010x12668401899039.
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AbstractThe recent past has shown an ever-growing fragmentation of the international legal system where lawyers and judges are facing more and more the phenomenon of the same legal question being discussed in different fora. This is particularly the case in the field of human rights that entails the dispersal of responsibilities for interpretation of numerous instruments among various different judicial and quasi-judicial bodies, of both universal and regional nature. In order to secure coherence and legal certainty in the system, it is important to respect a set of principles and rules of general international law, in particular Articles 31–33 of the 1969 Vienna Convention of the Law of Treaties (VCLT). The first goal of this article is to analyse whether the Court applies the rules of the VCLT to the interpretation of the European Convention on Human Rights (ECHR). Secondly, assuming that the VCLT fully applies, it will be analysed whether Article 31(1) VCLT is flexible enough to allow nevertheless some leeway for the development of specificities, especially as a result of the particular nature of the ECHR. Thirdly, it will be shown that the Court has indeed developed a set of specific methods of interpretation, aiming to render the rights enshrined in the ECHR effective. From the author's point of view, they can all be regarded as sub-forms (or partial aspects) of the teleological interpretation. He distinguishes between four dimensions of the principle of "effectiveness".
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김, 부찬. "조약의 역사와 비엔나 조약법협약(VCLT)의 의의." Korea International Law Review 53 (June 30, 2019): 1–7. http://dx.doi.org/10.25197/kilr.2019.53.1.
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Bjorklund, Andrea K. "The Enduring but Unwelcome Role of Party Intent in Treaty Interpretation." AJIL Unbound 112 (2018): 44–48. http://dx.doi.org/10.1017/aju.2018.27.
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Party “intent” is not one of the tools that the Vienna Convention on the Law of Treaties (VCLT) gives to treaty interpreters. To be sure, party intent is presumably reflected in the “object and purpose” of the treaty, but it is not a separate criterion; in fact, the VCLT implicitly excludes party intent from playing an interpretive role. Yet many decision-makers, counsel, and academics persistently look to party intent for guidance when interpreting treaties. The most favored nation (MFN) debate illustrates why party intent endures as an interpretive touchstone: treaty language, even when analyzed in context and in light of the convention's object and purpose, does not always lead to clear answers. Both Simon Batifort and J. Benton Heath and Stephan Schill, in their different ways, depart from traditional VCLT analysis and hark to party intent as a reason to endorse a modified approach to treaty interpretation. Yet they also illustrate why party intent is an imperfect tool: party intent is too malleable to be a conclusive guide to treaty meaning.
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Mortenson, Julian Davis. "The Travaux of Travaux: Is the Vienna Convention Hostile to Drafting History?" American Journal of International Law 107, no. 4 (October 2013): 780–822. http://dx.doi.org/10.5305/amerjintelaw.107.4.0780.
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It is often asserted that the Vienna Convention on the Law of Treaties (VCLT) relegates drafting history to a rigidly subsidiary role in treaty interpretation. Many commentators go so far as to suggest that the VCLT entrenches a categorical prejudice against travaux préparatoires (travaux)—the preparatory work of negotiation, discussions, and drafting that produces a final treaty text. Because of this alleged hostility to history as a source of meaning, the conventional wisdom is that when an interpreter thinks a text is fairly clear and produces results that are not manifestly unreasonable or absurd, she ought to give that prima facie reading preclusive effect over anything the travaux might suggest to the contrary.
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Kakushima, Naomi, Masao Yoshida, Tomohiro Iwai, Noboru Kawata, Masaki Tanaka, Kohei Takizawa, Sayo Ito, et al. "A simple endoscopic scoring system to differentiate between duodenal adenoma and carcinoma." Endoscopy International Open 05, no. 08 (August 2017): E763—E768. http://dx.doi.org/10.1055/s-0043-113567.
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Abstract Background and study aims Diagnosis of nonampullary duodenal low grade adenoma (Vienna classification category 3, VCL 3) and high grade adenoma/carcinoma (VCL 4 or higher) is important for clinical management decisions. However, there are no criteria based on which endoscopic diagnosis can differentiate between VCL3 and VCL4 or higher. This study aimed to establish simple diagnostic criteria to differentiate between VCL3 and VCL4 or higher. Patients and methods This retrospective study included patients with superficial nonampullary duodenal epithelial tumors (NADETs) who underwent tumor resection between June 2004 and November 2016 at a single cancer center hospital. Using patient demographics and endoscopic findings from 2004 to 2013, variables related to the final histology of VCL4 or higher were analyzed, and a predictive model was developed. Validation analysis was performed on patients treated between 2014 and 2016. Results A total of 150 lesions in 134 patients were included. Lesion diameter, reddish color, depression, heterogeneous or no nodularity, and mixed or depressed macroscopic types were significantly predictive of VCL4 or higher. A predictive score model was developed and a score of 3 points was defined as an appropriate cutoff for predicting VCL4 or higher. In the validation analysis, the accuracy rate of VCL4 or higher diagnosis was 86 % when the score was ≥ 3 points. Scores between patients with VCL3 and VCL4 or higher were significantly different (P = 0.0004). Conclusions A simple and useful endoscopic scoring system was developed to preoperatively differentiate between VCL3 and VCL4 or higher among superficial NADETs.
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GHOURI, Ahmad Ali. "Determining Hierarchy Between Conflicting Treaties: Are There Vertical Rules in the Horizontal System?" Asian Journal of International Law 2, no. 2 (February 29, 2012): 235–66. http://dx.doi.org/10.1017/s2044251312000021.
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Treaties are contractual instruments that may provide special rules of priority in case they conflict with other treaties. When a treaty does not provide such rules, however, priority is determined by the rules of the Vienna Convention on the Law of Treaties (VCLT) and/or general principles of law. This article argues that both the VCLT and general principles of law do not provide an adequate solution to treaty conflicts. It suggests that the solution to treaty conflicts rests in a value-oriented reading of international law and the norms incorporated in treaties. Norms represent values and values represent interests or benefits for which international society requires protection. Conflicts of treaty norms are, therefore, conflicts of values that courts and dispute settlement bodies resolve by ordering a hierarchy of competing interests and protecting the most important interests in a given context.
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RACHOVITSA, ADAMANTIA. "Fragmentation of International Law Revisited: Insights, Good Practices, and Lessons to be Learned from the Case Law of the European Court of Human Rights." Leiden Journal of International Law 28, no. 4 (October 30, 2015): 863–85. http://dx.doi.org/10.1017/s092215651500045x.
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AbstractThis article discusses the contribution of the European Court of Human Rights to mitigating difficulties arising from the fragmentation of international law. It argues that the Court's case law provides insights and good practices to be followed. First, the article furnishes evidence that the Court has developed an autonomous and distinct interpretative principle to construe the European Convention on Human Rights by taking other norms of international law into account. Second, it offers a blueprint of the methodology that the Court employs when engaging with external norms in the interpretation process. It analyses the Court's approach to subtle contextual differences between similar or identical international norms and its position towards the requirements of Article 31(3)(c) of the Vienna Convention on the Law of Treaties (VCLT). It concludes that international courts are developing innovative interpretative practices, which may not be strictly based on the letter of the VCLT.
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Gözlügöl, Alperen Afşin. "The Effects of Umbrella Clauses: Their Relevance in Interpretation and in Practice." Journal of World Investment & Trade 21, no. 4 (August 10, 2020): 558–94. http://dx.doi.org/10.1163/22119000-12340184.
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Abstract Umbrella clauses have sparked one of the great debates in international investment law as regards their proper construction. This article argues that a particular line of reasoning and interpretation appears to be unduly focusing on the effects of such clauses in the process of construing them. In other words, what seems to occur in the interpretation of umbrella clauses is that some tribunals, frightened by the far-reaching consequences, construe such clauses more narrowly. I call this phenomenon ‘adverse effects analysis’ and demonstrate that it is inconsistent with the proper construction of umbrella clauses in accordance with the rules of interpretation in the Vienna Convention on the Law of Treaties (VCLT). In this course, the effects of umbrella clauses in practice are also put forward along with an analysis of them under ‘manifest absurdity or unreasonableness test’ pursuant to Article 32(b) of VCLT.
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Beber, Gerhard, Jürgen Hanich, and Kurt Dehnicke. "Reaktionen von Vanadiumtetrachlorid mit Trithiazylchlorid / Reactions of Vanadium Tetrachloride with Trithiazylchloride." Zeitschrift für Naturforschung B 40, no. 1 (January 1, 1985): 9–12. http://dx.doi.org/10.1515/znb-1985-0104.
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[VCl3(NSCl)2]2, which is a chloro-bridged dimer, is formed by the reaction of VCl4 with (NSCl)3. Thermal decomposition of the vanadiumtrichloride-thiazylchloride adduct, as well as the reaction of VCl4 with (NSCl)3 in the presence of sulfurdichloride lead to the ionic species [N(SCl)2]3[V2Cl9]. By the reaction of the recently reported complex (AsPh4)2[(VCl5)2(N2S2)] with (NSCl)3 in CH2Cl2-solution AsPh4[VCl4(N2S2)] is prepared, which contains the anion as a polymer with N2S2-bridges. The IR spectra are reported and assigned
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Rowe, Samantha J., and Nelson Goh. "Resolving Perceived Norm Conflict through Principles of Treaty Interpretation: The January 2019 EU Member States’ Declarations." European Investment Law and Arbitration Review Online 5, no. 1 (December 11, 2020): 167–95. http://dx.doi.org/10.1163/24689017_007.
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In January 2019, EU Member States issued three declarations concerning the “consequences of Achmea” which stated that all claims under intra- EU BIT S were contrary to the EU legal order, and that tribunals presiding over such claims have no jurisdiction as there is no valid consent to arbitrate. The declaration signed by a majority of EU Member States (“Majority Declaration”) extended this proposition to intra- EU claims under the Energy Charter Treaty. Following this, a number of EU Member States have sought to argue that the Majority Declaration is a subsequent agreement between the States Parties to intra- EU investment treaties—or evidence of a subsequent practice establishing their agreement—that the dispute resolution provisions in those treaties must be interpreted to exclude intra- EU disputes from their scope and thus from the jurisdiction of tribunals constituted thereunder, relying on Article 31(3)(a) and (b) of the Vienna Convention on the Law of Treaties (“VCLT”). This paper considers: (i) the key cases in which the Majority Declaration has been invoked to contest jurisdiction in, or seek the termination of, intra- EU arbitration proceedings; (ii) the application of Article 31(3)(a) and (b) of the VCLT; and (iii) other fundamental tenets and rules of international law discussed in relation to those cases.
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Cheema, Zaheer Iqbal, and Shahrul Mizan Ismail. "Law on Reservations to Human Rights Treaties: Historical Development and Its Prospects." Academic Journal of Interdisciplinary Studies 10, no. 5 (September 5, 2021): 141. http://dx.doi.org/10.36941/ajis-2021-0129.
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The application of rules on reservations under the Vienna Convention on Laws of Treaties (VCLT) has generated a debate to revisit the Vienna regime. The rules on reservations under the VCLT have helped attain the universality of human rights treaties but at the price of integrity. The beneficial aspect of reservations is the promotion of universal recognition of human rights treaties. However, they have shattered the uniform and practical application of the provisions of these treaties. The disappointment of the treaty monitoring bodies over the VCLT’s rules on reservations to human rights treaties has resulted in the demand for a separate set of rules on reservations drawn to them. The universality and integrity of these treaties have been at the forefront of the treaty bodies and scholars. In the current debate on rules on reservations, this research tracks down the historical development of the law on reservations to multilateral treaties. It highlights the unique features of the human rights treaties and examines the application of rules to determine the compatibility of reservations. The research suggests treaty bodies adopt a novel approach to maintain the balance between universality and their integrity. Received: 9 April 2021 / Accepted: 3 June 2021 / Published: 5 September 2021
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Wong, Meagan S. "The Activation of the International Criminal Court’s Jurisdiction over the Crime of Aggression: International Institutional Law and Dispute Settlement Perspectives." International Community Law Review 22, no. 2 (May 29, 2020): 197–234. http://dx.doi.org/10.1163/18719732-12341427.
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Abstract In 2017, the plenary organ of the International Criminal Court (ICC), the Assembly of States Parties (ASP), adopted Resolution ICC-ASP/16/Res.5, deciding to activate the Court’s jurisdiction over the crime of aggression; and confirming an interpretation of the Rome Statute of the ICC (“Rome Statute”). While the characterization of this Resolution as either a subsequent agreement or subsequent practice under Articles 31(3) and 32 of the Vienna Convention on the Law of Treaties 1959 (“VCLT”) may be of relevance to treaty interpretation of the Rome Statute, this article submits that this Resolution is clearly a Rule of the International Organization, made by one of its organs. Resolution ICC-ASP/16/Res.5 may constitute a ‘relevant rule’ of interpretation with regard to the Rome Statute, thereby taking precedence over the general rules of interpretation in Articles 31 and 32 of the VCLT, particularly when the interpreter is an organ of the ICC. If a dispute arises with regard to the interpretation of the Rome Statute on the crime of aggression, two separate regimes at the ICC exist for the settlement of disputes depending on whether the dispute is one concerning the judicial functions of the Court. In the event that the dispute may be other than a ‘judicial function’, the ASP may be a mechanism for dispute settlement, along with other mechanisms of dispute settlement under international law.
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Kulaga, Julian. "A RENAISSANCE OF THE DOCTRINE OF REBUS SIC STANTIBUS?" International and Comparative Law Quarterly 69, no. 2 (April 2020): 477–97. http://dx.doi.org/10.1017/s0020589320000032.
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AbstractOnce the ‘popular plaything of Realpolitiker’ the doctrine of rebus sic stantibus post the 1969 VCLT is often described as an objective rule by which, on grounds of equity and justice, a fundamental change of circumstances may be invoked as a ground for termination of a treaty. Yet recent practice from some States suggests that it is returning with a new livery. They point to an understanding that is premised on vital State interests––a view popular among scholars such as Erich Kaufmann at the beginning of the last century.
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Ivanova, Elena. "The Cross-Fertilization of UNCLOS, Custom and Principles Relating to Procedure in the Jurisprudence of UNCLOS Courts and Tribunals." Max Planck Yearbook of United Nations Law Online 22, no. 1 (October 7, 2019): 142–70. http://dx.doi.org/10.1163/18757413_022001007.
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Cross-fertilization of international law entails interaction of norms in international law and can occur in the context of interaction between different sources of law; different branches of international law or different subject-matter areas; and interaction between a treaty norm belonging to a one area of international law and a customary norm arising from another area of international law. There are different avenues for cross-fertilization of international law: it can result from the application of Art. 31 (3) (c) of the Vienna Convention on the Law of Treaties (VCLT)1 in the process of interpreting a particular treaty, from the application of other rules of international law together with a particular treaty or from reference to the jurisprudence of other international courts or tribunals by adhering to the approach adopted in this jurisprudence. This article examines the question of cross-fertilization of international law in the context of the jurisprudence of the courts and tribunals operating within the dispute settlement system established under the UN Convention on the Law of the Sea (hereinafter ‘UNCLOS’ or ‘Convention’).2 It will demonstrate how these adjudicatory bodies have employed Art. 31 (3) (c) VCLT, Art. 293 UNCLOS which explicitly enables them to apply other rules of international law not incompatible with the Convention, and the international jurisprudence in order to interpret and apply the UNCLOS while situating it the broader context of international law. Note will be taken of UNCLOS provisions incorporating or referring to other rules of international law which also contribute to the cross-fertilization of international law.
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Vestner, T. "Prevention of an Arms Race in Outer Space: Multilateral Negotiations’ Effects on International Law." Moscow Journal of International Law, no. 2 (November 19, 2020): 6–21. http://dx.doi.org/10.24833/0869-0049-2020-2-6-21.
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INTRODUCTION. Outer space is an increasingly competitive environment. This raises incentives for states to place conventional weapons in outer space. The 1967 Outer Space Treaty (OST), the applicable legal regime, is silent on the legality of the placement of conventional weapons, however. Since the early 1980’s, the multilateral diplomatic process on the Prevention of an Arms Race in Outer Space (PAROS) aims to explicitly prohibit the weaponization of outer space by a new international treaty. Yet states have not agreed on such a weapons ban treaty so far. This article analyses the multilateral negotiations’ effects on the applicable international law, namely the legal gap (lacuna) in the OST regime.MATERIALS AND METHODS. This study analyzes treaty texts, UN General Assembly resolutions, treaty proposals, states’ working papers, states’ statements, and reports from international negotiations and meetings. Th analytical framework is the rules for treaty interpretation according to the Vienna Convention on the Law of Treaties (VCLT). Consistent with explanatory and theory–building research, the methods used are those of historical legal research as well as general scientific methods, such as analysis, synthesis, analogy, description, and deduction.RESEARCH RESULTS. This article identifi s three mechanisms by which the multilateral negotiations on PAROS clarify and inform international law regarding the weaponization of outer space. First, the negotiations led states to communicate their legal positions regarding the issue. This clarifies how states interpret the law. It also allows to assess whether the continuous state practice to not place kinetic weapons in outer space represents subsequent practice of the OST according to Article 31(2)(b) VCLT. Second, the PAROS process produced annual UN General Assembly resolutions that strengthened the principle of peaceful use of outer space and linked it with states’ general understanding that this implies limits to the weaponization of outer space. As such, this is relevant for the interpretation of the gap in light of the OST’s context and object and purpose according to Article 31(1) VCLT. Third, the negotiations have produced precise language on a prohibition of weaponization in the form of the draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force Against Outer Space Objects (PPWT), which enables the emergence of a prohibition under customary international law. For the interpretation of the OST’s gap, this would constitute “any relevant rules of international law” according to Article 31(3)(c) VCLT.DISCUSSION AND CONCLUSIONS. This article argues that the multilateral negotiations have broken the legal silence regarding the placement of conventional weapons in outer space. While the three mechanisms help to identify and clarify the law, they also influence the material substance of the law. The PA-ROS negotiations have not led the existing law to clearly prohibit the weaponization of outer space. Yet the negotiations have informed the law such that the existing law hardly authorizes such action. The result is that the issue is unequivocally regulated by international law, i.e. the OST’s gap is undoubtedly a legal gap. Yet the Lotus principle according to which what is not prohibited under international law is authorized falls short of the existing legal situation. This suggests that lex ferenda, the law in the making, has effects on lex lata. Multilateral negotiations – even deadlocked or failed ones – thus may be more than the making of future law but also the shaping of existing law. Accordingly, ongoing multilateral negotiations might be analyzed as supplementary means of treaty interpretation according to Article 32 VCLT. For policymakers, this suggests that negotiations may be used to influence the existing law, even if reaching agreement on a new treaty is not possible.
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Karvatska, Svitlana. "Jus Cogens: Problem of the Role in Treaty Interpretation." Jurnal Cita Hukum 9, no. 2 (August 31, 2021): 305–18. http://dx.doi.org/10.15408/jch.v9i2.22235.
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Due to their specific legal nature, the jus cogens rules occupy a special place and have conceptual significance in international law system in the vein that their non-compliance may, in fact, sabotage foundations of the international legal system based on states consent. Since the entry into force of the VCLT, jus cogens concept in international law has moved closer to international legal practice. A paradoxical situation exists - jus cogens concept in international law is generally accepted, there is also a normatively established definition of such a rule, but its specific framework and content remain unclear. The ICJ has repeatedly addressed the issue of jus cogens norms, but a detailed concept on jus cogens has not been formed. It is analyzed that the problem of establishing jus cogens is difficult to solve in abstractio. The reason lies not only in the absence of a single official list of norms jus cogens – the criteria for including norms in such a list are not defined. Opinions of representatives of the doctrine and the international judiciary on this issue differ significantly. Addressing the problem of the role and significance of jus cogens, general international law imperative rules, for the observance and interpretation of treaties, it should be noted that treaties are to be interpreted in a format compatible with the imperative norms. The considerations presented in the research indicate a special, if not decisive, role in the observance of jus cogens in treaties interpretation.Keywords: International Law; VCLT; Treaties; Imperative Rules Jus Cogens: Masalah Peran dalam Interpretasi Perjanjian AbstrakAturan Jus Cogens menempati tempat khusus dan memiliki makna konseptual dalam sistem hukum internasional dikarenakan sifat hukumnya yang spesifik, selain karena ketidakpatuhannya dapat menyabot fondasi sistem hukum internasional berdasarkan persetujuan negara. Sejak berlakunya VCLT, konsep Jus Cogens dalam hukum internasional semakin mendekati praktik hukum internasional. Situasi paradoks terjadi - konsep Jus Cogens dalam hukum internasional diterima secara umum. Ada juga definisi yang ditetapkan secara normatif dari aturan semacam itu, tetapi kerangka kerja dan isinya yang spesifik masih belum jelas. ICJ telah berulang kali membahas masalah norma Jus Cogens, tetapi konsep rinci tentang Jus Cogens belum terbentuk. Dianalisis bahwa masalah pembentukan Jus Cogens sulit dipecahkan secara abstrak. Alasannya tidak hanya terletak pada tidak adanya satu daftar resmi norma Jus Cogens – kriteria untuk memasukkan norma dalam daftar tersebut tidak didefinisikan. Pendapat perwakilan doktrin dan peradilan internasional tentang masalah ini berbeda secara signifikan. Mengatasi masalah peran dan pentingnya Jus Cogens, aturan umum hukum internasional imperatif, untuk ketaatan dan interpretasi perjanjian. Perlu dicatat bahwa perjanjian harus ditafsirkan dalam format yang kompatibel dengan norma-norma imperatif. Pertimbangan yang disajikan dalam penelitian ini menunjukkan peran khusus, jika tidak menentukan, dalam ketaatan Jus Cogens dalam interpretasi perjanjian.Kata kunci: Hukum Internasional; VCLT; Perjanjian; Aturan Imperatif Jus Cogens: Проблема Роли В Толковании Договора Aннотация Нормы jus cogens вследствие своей специфической правовой природы занимают особое место, имеют концептуальное значение в системе международного права в том смысле, что их несоблюдение может фактически подорвать основы международной правовой системы, которая опирается на согласие государств. Со времени своего включения в Венскую конвенцию о праве международных договоров 1969 г., концепция международного права jus cogens подошла к международной юридической практике. Доказано, что имеет место парадокс – концепция jus cogens в международном праве общепринятая, также существует нормативно-закрепленное понятие такой нормы, при этом ее рамки и содержание остаются неточными. МС ООН неоднократно касался проблематики норм jus cogens, однако не дал системного видения данного вопроса. Проблему определения jus cogens решить in abstracto сложно. Причина не только в отсутствии единого официального перечня норм jus cogens – не определены критерии включения норм в такой перечень. Мнения представителей доктрины и международного судейского корпуса по этому поводу существенно различаются. Приведенные в исследовании соображения свидетельствуют об особой, если не решающей, роли jus cogens в процессе интерпретации международных договоров.Ключевые слова: Jus cogens, международное право, интерпретация международных договоров, ВКПМД
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Silvereke, Siri. "Withdrawal from the eu and Bilateral Free Trade Agreements." International Organizations Law Review 15, no. 2 (December 11, 2018): 321–40. http://dx.doi.org/10.1163/15723747-01502004.
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Ambiguity still remains around the legal effects of a Member State’s withdrawal from the eu in relation to the new generation of Free Trade Agreements (‘ftas’), which are concluded as bilateral mixed agreements. Such withdrawal may have secondary implications in relation to the international obligations towards the other party of the ratified agreement. According to article 70(1)(a) of the Vienna Convention on the Law of Treaties (‘ vclt ’), the termination of a treaty under its provision releases the parties from the obligation further to perform the treaty. However, mixed agreements that are signed by both the Member State and the eu may cause complications. The obligation of sincere cooperation could play a large role in respect of the Member State’s compliance with its commitments under the agreement. Indeed, there are many concerns regarding the effect of the withdrawal on the eu and the withdrawing Member State in respect to mixed ftas. Could a withdrawal lead to an automatic termination or renegotiation of a trade agreement? Would it be possible to argue for fundamentally changed circumstances? Or could the principle of continuity in the vclt in the context of succession of states affect the outcome?This contribution aims to clarify the legal situation in regard to bilateral mixed ftas that are ratified or provisionally applied—such as the eu-Canada Comprehensive Economic and Trade Agreement (‘ ceta ’)—in the event of a Member State’s withdrawal from the eu. It considers the Member State’s responsibilities and obligations when the withdrawal has been effectuated. Additionally, it explores the rights of the non-eu party to the agreements, as well as the consequences that the eu might face as a remaining party to the agreement.
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Bílková, Veronika. "Worlds Apart? Interpretation of International Criminal Law and International Human Rights Law Treaties and the VCLT." Austrian Review of International and European Law Online 24, no. 1 (June 1, 2021): 31–51. http://dx.doi.org/10.1163/15736512-02401006.
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Bhat, Sumith Suresh. "A Study of the Issue of ‘Relevant Rules’ of International Law for the Purposes of Interpretation of Treaties under Article 31(3)(c) of the Vienna Convention on the Law of Treaties." International Community Law Review 21, no. 2 (May 2, 2019): 190–219. http://dx.doi.org/10.1163/18719732-12341398.
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Abstract The Vienna Convention on the Law of Treaties (VCLT) embodies Article 31(3)(c), prescribing that ‘relevant rules’ of international law must be taken into consideration while interpreting treaties, thereby promoting the idea of ‘systemic integration’. The absence of the definition of ‘relevant rules’ has caused problems in treaty interpretation. International Courts and Tribunals have not provided adequate guidance on the consideration of rules of international law for treaty interpretation. The objective of the article is to study that part of Article 31(3)(c) which concerns ‘relevant rules’ in order to establish certain factors that must be taken into account for determining which rules of international law become relevant for the purposes of interpretation of a treaty. This will be done by examining the background of systemic integration and analysing cases in this area of law.
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Xiouri, Maria. "The Exceptio Non Adimpleti Contractus in Public International Law." International Community Law Review 21, no. 1 (March 11, 2019): 56–92. http://dx.doi.org/10.1163/18719732-12341390.
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Abstract The position of the exceptio non adimpleti contractus in public international law as a response to the breach of a treaty is surrounded by uncertainty. This article offers an analytical examination of: i) the notion of the exceptio and its relationship to other responses to the breach of a treaty; ii) the question of its conditions of application; and iii) its character as a rule of international law. It argues that the exceptio is distinct both from responses pursuant to Article 60 of the Vienna Convention on the Law of Treaties (VCLT) and from countermeasures; however, there is uncertainty with regard to its conditions of application. The exceptio can be considered as a general principle of law and, as such, can fill gaps in the regulation of responses to the breach of a treaty. However, it remains unclear whether the exceptio constitutes a rule of customary international law.
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Phillips, Zachary Allen Roy. "Interpretation of the Meaning of ‘Direct Effect’ in the Revised Treaty of Basseterre." International Community Law Review 21, no. 2 (May 2, 2019): 147–69. http://dx.doi.org/10.1163/18719732-12341396.
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Abstract The article utilises the Vienna Convention on the Law of Treaties (VCLT) rules of interpretation to determine the meaning of ‘direct effect’ within the Revised Treaty of Basseterre (RTB). The RTB is the constituent treaty of the Organisation of Eastern Caribbean States (OECS). Despite the RTB having been in force since 2011 there has not been a single contentious case regarding the interpretation of the RTB. While the RTB and the OECS gained some inspiration from the European Union (EU), the Commonwealth Caribbean adheres to the dualist doctrine in the practical relationship between international and domestic law. As such, the meaning of ‘direct effect’ has been the subject of controversy. Therefore, this article shall discern the meaning of ‘direct effect’ within the RTB, including delineating possible practical application. The evaluation shall reveal that the definition is the same, however, due to the Caribbean context the application differs in slight ways.
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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 (September 9, 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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Prislan, Vid. "DOMESTIC EXPLANATORY DOCUMENTS AND TREATY INTERPRETATION." International and Comparative Law Quarterly 66, no. 4 (October 2017): 923–62. http://dx.doi.org/10.1017/s0020589317000392.
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AbstractThe article discusses the increasing use by international courts and tribunals of domestic explanatory materials—such as various statements, reports, and explanatory memoranda that usually complement the domestic approval of treaties—in the process of treaty interpretation. After examining the types of materials that can be used as interpretative aids in accordance with the general rules on treaty interpretation (Articles 31–32 VCLT), the article scrutinizes the various ways in which domestic explanatory materials have informed the interpretation of treaty provisions in the practice of international adjudicatory bodies. The analysis focuses on the legal grounds on which such materials have been admitted in the interpretative process, the reasons for which resort has been made to them by the adjudicating body, as well as the circumstances in which such documents have been invoked by the litigating parties. The article then discusses certain advantages and disadvantages stemming from the use of domestic explanatory materials in the interpretative process.
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Hayashi, Mika. "Non-Proliferation Treaty and Nuclear Disarmament." International Community Law Review 22, no. 1 (March 4, 2020): 84–106. http://dx.doi.org/10.1163/18719732-12341422.
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Abstract A few final documents adopted by the Review Conferences of the Nuclear Non-Proliferation Treaty (‘NPT’) include important references to nuclear disarmament and to Article VI of the NPT. It is frequently assumed or claimed that these references amount to subsequent agreements as to the interpretation of Article VI. However, such a view is difficult to maintain. With the help of the 2018 Draft Conclusions on subsequent agreements and practice, this article seeks to establish two conditions that such final documents ought to satisfy if they are to be treated as subsequent agreements under Article 31 of the Vienna Convention on the Law of Treaties (‘VCLT’). The analysis suggests that the final documents in question do not satisfy such conditions. Based on this evaluation, the article also explores other theoretical frameworks both within and without treaty interpretation rules, that can adequately take into account the final documents of the NPT Review Conferences in discussing nuclear disarmament in international law.
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Paparinskis, Martins. "MFN Clauses and Substantive Treatment: A Law of Treaties Perspective of the “Conventional Wisdom”." AJIL Unbound 112 (2018): 49–54. http://dx.doi.org/10.1017/aju.2018.28.
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On the big questions, Simon Batifort and J. Benton Heath are plainly right. Dogmatic presumptions about the necessary effect of particular clauses and woolly notions of systemic teleology may distract the interpreter from the task of finding the meaning that represents the intentions of the parties, best articulated in the specific terms chosen. Customary rules on treaty interpretation, reflected in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT), are meant to be flexibly adapted to the case in hand. But in applying their insight to the small print of the interpretative question, Batifort and Heath are less persuasive. Can most favored nation (MFN) clauses be generally relied upon to, as they put it, “import” substantive standards of treatment of investment protection law? The authors are critical of the apparent consensus in favor of an affirmative answer—they call it “conventional wisdom”—and in this regard seem to me to be significantly overstating their case.
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Oppermann, H. "Darstellung und Eigenschaften von VCl4, VCl3 und VOCl3." Zeitschrift für Chemie 2, no. 12 (September 2, 2010): 376–77. http://dx.doi.org/10.1002/zfch.19620021217.
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Choi, Jee-hyun. "Suspension of Treaties under the Article 60 of the VCLT ‒ focusing on the Theory and Practice of Bilateral Treaties ‒." Korea International Law Review 54 (November 30, 2019): 79–100. http://dx.doi.org/10.25197/kilr.2019.54.79.
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Karski, Karol, and Tomasz Kamiński. "Treaty-Making Capacity of Components of Federal States from the Perspective of the Works of the UN International Law Commission." Polish Review of International and European Law 5, no. 2 (January 27, 2018): 9. http://dx.doi.org/10.21697/priel.2016.5.2.01.
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The submitted paper concerns the treaty-making capacity of components of federal (non-unitary) states. As the division of powers in respect to the conclusion of international treaties between a federal state and its components is based on the provisions of internal federal law, the authors decided to start the consideration of the topic with the presentation of selected appropriate internal law regulations of federal states. Although the study concentrates on an analysis of Swiss and German constitutional rules on the subject, the provisions of i.a. Belgian, US and Canadian law are also commented upon. Therefore it apparently seems to be an important legal question.The treaty-making capacity of components of federal (non-unitary) states was comprehensively discussed during the International Law Commission preparatory works on the regulation on the law of treaties. The provisions dedicated to that issue formed part of the reports prepared by each of the ILC Special Rapporteurs on the subject. The paper presents the draft propositions submitted by them, the views of ILC members, and responses received from states.The final draft of ILC articles on the law of treaties contained a paragraph concerning the issue at stake (than art. 5 § 2 of the draft) stipulating that member states of a federal union may possess such capacity only if such capacity is admitted by the federal constitution and within the scope defined therein. Nevertheless, this issue was omitted in the 1969 Vienna Convention on Law of Treaties (VCLT). Art. 6 of the VCLT on the capacity of States to conclude treaties does not mention the rights of components of federal states. It consists of one paragraph simply stating that every State possesses the capacity to conclude treaties. And the term ‘state’ for the purposes of that regulation possesses the same meaning as i.a. in the Charter of the United Nations, that is a State for the purposes of international law, or a state in the international meaning of that term.This does not mean however that territorial units forming a part of a federal state cannot conclude international agreements. But, this issue depends both on the provisions of internal law of the given state and on the practice of the states recognising the potential rights of the components of the federal (non-unitary) states in respect to conclusion of the treaties.
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DAWIDOWICZ, MARTIN. "The Effect of the Passage of Time on the Interpretation of Treaties: Some Reflections on Costa Rica v. Nicaragua." Leiden Journal of International Law 24, no. 1 (February 11, 2011): 201–22. http://dx.doi.org/10.1017/s0922156510000695.
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AbstractThis article examines the reasoning and findings of the International Court of Justice in its judgment in Costa Rica v. Nicaragua on issues relating to the effect of the passage of time on the interpretation of treaties. In arriving at the proper interpretation of the disputed phrase ‘for purposes of commerce’ in a Treaty of Limits between the parties, which entered into force in 1858, the ICJ followed a number of interpretative steps based on Article 31 of the Vienna Convention on the Law of Treaties (VCLT), which led the Court to conclude that the meaning of this phrase must be presumed to have evolved over time. The means and methods of interpretation employed by the ICJ to determine the effect of the passage of time on treaties are examined. More specifically, the question is raised whether the ICJ's approach to determining the evolutionary character of a treaty provision, based on an interpretative presumption, may not be considered unsatisfactory insofar as it does not appear to take full account of the actual common intention of the parties – the main task of interpretation.
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Volkov, V. V., I. L. Simakova, and I. A. Tikhonovskaya. "Evaluation of the New Compression-Perimeter Test Effectiveness in the Early Diagnosis of Glaucoma." Ophthalmology in Russia 17, no. 2 (June 23, 2020): 229–37. http://dx.doi.org/10.18008/1816-5095-2020-2-229-237.
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Purpose: To evaluate the effectiveness of a new modification of the vacuum-perimeter test (VPT) by V.V. Volkov in the early diagnosis of glaucoma in comparison with the results of the original test and its known modification — vacuum-compression automated test (VCAT) in an open comparative clinical research. Patients and Methods. The study involved 26 patients (47 eyes) (average age 52.9 ± 8.5 years) with suspected open-angle glaucoma (OAG). Patients were divided into three groups: 1-st — 19 eyes with preglaucoma, 2-nd — 18 eyes with the early stage of OAG, 3-rd — 10 eyes of five patients with unconfirmed glaucoma. The control group (4-th) included 20 eyes of 10 healthy people (average age 56.4 ± 4.4 years). Along with the standard ophthalmological examination, all patients underwent perimetry on Humphrey Visual Field Analyzer II 745i (Germany-USA), our modification of Frequency Doubling Technology (FDT) perimetry, evaluation of the optic nerve head (ONH) on Heidelberg Retina Tomograph (HRT 3, Germany) and three stress tests: VPT, VCAT and our modification — vacuum-contrast-frequency test (VCFT). VCFT was created on the base of FDT perimetry with the aim of increasing the sensitivity of the original test (VPT) for detection of preglaucoma through the use of non-standard stimulus and increasing the number of investigated points of central visual field. Results. According to the National classification (1975) the diagnosis of preglaucoma was determined on the basis of a positive result of at least one of three stress tests, taking into account the risk factors for the development of glaucoma in patients. The early stage of OAG was established on the base of International standards for structural and functional assessment of the ONH (2003). The specificity of all three compared stress tests was 100 %, which confirmed their negative results in all patients (10 eyes) from the 3-rd group. However, the sensitivity of VCFT (75 %) was significantly higher than VPT (21.05 %) and VCAT (21.05 %), which is due, we believe, to the specific nature of VCFT stimulus. Conclusion. According to the obtained data, the developed new modification of VPT — VCFT on the specificity of the results was not worse, and the sensitivity was better than the original VPT and VCAT in the diagnosis of preglaucoma. VCFT is quickly performed and comfortable for patients.
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Preuss, Fritz, Edith Fuchslocher, and William S. Sheldrick. "Darstellung und Struktur eines zweikernigen Vanadium(V)-Komplexes mit den terminal gebundenen Stickstoffliganden NtC4H9, NHtC4H9 und NH2tC4H9: [ VCl(μ-Cl)(NtC4H9)(NHtC4H9) (NH2tC4H9) ]2 / Synthesis and Molecular Structure of a Binuclear Vanadium(V) Complex Containing the Terminal Nitrogen Ligands NtC4H9, NHtC4H9, NH2tC4H9: [VCl(μ-Cl)(NtC4H9)(NHtC4H9)(NH2tC4H9)]2." Zeitschrift für Naturforschung B 40, no. 3 (March 1, 1985): 363–67. http://dx.doi.org/10.1515/znb-1985-0309.
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tC4H9N = VCl2(NHtC4H9) and the tert-butylamine complex [tC4H9N=VCl2(NHtC4H9)(NH2tC4H9)] have been prepared by reaction of tC4H9N=VCl3 with NH2tC4H9. 1H and 51V NMR data of these compounds are reported. The complex was investigated by X-ray diffraction analysis; the structure has been found to be a binuclear vanadium complex bridged by two Cl-atoms with a distorted octahedral arrangement of the ligands.
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El-Kholi, Aida, Ruth Christophersen, Ulrich Müller, and Kurt Dehnicke. "Synthese und Kristallstruktur von [N(PPh3)2][VCl3(N3S2)]·C7H8 / Synthesis and Crystal Structure of [N(PPh3)2][VCl3(N3S2)]·C7H8." Zeitschrift für Naturforschung B 42, no. 4 (April 1, 1987): 410–14. http://dx.doi.org/10.1515/znb-1987-0404.
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Abstract [N(PPh3)2][VCl3(N3S2)]·C7H8 is formed by the reaction of VCl2 (N3S2) with excess PPh3 in CH2C12 and subsequent treatment of the reaction mixture with toluene, as well as by the reaction of VCl2(N3S2) with [N(PPh3)2]Cl in CH2Cl2 in the presence of toluene. The compound forms red crystals, which have been characterized by IR spectroscopy. The crystal structure was determined by X-ray diffraction (1433 observed, independent reflexions, R = 0.070). Crystal data: mono-clinic, space group Cc, Z = 4, a = 994.1, b = 2148.0, c = 2055.2 pm, β = 90.03°. The compound consists of [N(PPh3)2]⊕ cations and [VCl3(N3S2)]⊖ anions, in which the vanadium atom is five-coordinated by threee chlorine atoms and two nitrogen atoms, and is part of a planar VN3S2 ring.
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Manalu, Velicia Theoartha, Sinta Dewi Rosadi, and Prita Amalia. "IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969." Yustisia Jurnal Hukum 10, no. 2 (August 24, 2021): 163. http://dx.doi.org/10.20961/yustisia.v10i2.44710.
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<em>The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO) to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease</em>
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Silviani, Ninne Zahara. "Interpretasi Perjanjian Internasional Terkait Historical Rights Dalam UNCLOS 1982." Jurnal Selat 6, no. 2 (August 26, 2019): 154–71. http://dx.doi.org/10.31629/selat.v6i2.1067.
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People’s Republic of China with 9-dash-lines designed in 1947, claimed almost 90% of the South China Sea’s Area. Generally known the line not only overlapping in one Asean Country but five other countries which, The Philippines, Indonesia, Malaysia, Vietnam and Brunei Darussalam. The Philippines took its fight over its territory to the Permanent Court of Arbitration, Den Haag in 2013. In 12th July 2016, Permanent Court of Arbitration Award declared that China has no legal basis for claiming territorial waters in the South China Sea. Yet, the PRC does not accepted the Award. PRC denied the decision due to the PRC’s interpretation to UNCLOS 1982 regulation and declared their sovereignty across the archipelagic islands in South China Sea by historical reasons. A Similar disputes was happen between Mauritius v. United Kingdom in 2010-2015 due to the Maritime Protected Area in Chagos Islands on Indian Ocean whose claimed by Mauritius because of historical reasons. This article will examine how VCLT 1969 reacted to the violation of UNCLOS 1982 which known as a package deal in accordance to regulate the sovereignty of water territory. This article is a normative legal research with secondary data, which obtained from library study descriptively.
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RANJAN, Prabhash. "Police Powers, Indirect Expropriation in International Investment Law, and Article 31(3)(c) of the VCLT: A Critique of Philip Morris v. Uruguay." Asian Journal of International Law 9, no. 1 (September 11, 2018): 98–124. http://dx.doi.org/10.1017/s2044251318000139.
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AbstractGiven the global contestation against BITs and ISDS, the outcome of thePhilip Morrisv.Uruguaycase upholding Uruguay’s right to regulate for public health is important for the international investment law community. However, it is not just the outcome of a case but also the quality of legal reasoning that is significant in building the legitimacy of the ISDS system. This paper focuses on the reasoning adopted by the tribunal in deciding whether Uruguay’s regulatory measures resulted in the expropriation of Philip Morris’s investment. The paper critiques the tribunal’s use of Article 31(3)(c) of the Vienna Convention on the Law of Treaties to invoke the police powers rule in interpreting the expropriation provision of the Switzerland-Uruguay BIT. The tribunal’s reasoning was internally inconsistent and based on abuse of arbitral precedents. Clarity in legal reasoning by ISDS tribunals is imperative to boost the legitimacy of the ISDS system for all stakeholders.
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Peters, Christoph, Uwe Fischbeck, Frank Tabellion, Manfred Regitz, and Fritz Preuss. "Reaktionen von Vanadium(V)- und Tantal(V)-Komplexen Mit Kinetisch Stabilisierten Phosphaalkinen. Einfache Synthese von 1,3,4-Thia- und 1,3,4-Selenadiphospholen / Reactions of Vanadium(V) and Tantalum(V)-Complexes with Kinetically Stabilized Phosphaalkynes. A Simple Synthesis of 1,3,4-Thia and 1,3,4-Selenadiphospholes." Zeitschrift für Naturforschung B 58, no. 1 (January 1, 2003): 44–51. http://dx.doi.org/10.1515/znb-2003-0107.
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Abstract A simple synthetic pathway to the unknown 1,3,4-thiadiphospholes 3 and 1,3,4- selenadiphospholes 4 has been developed involving reactions of the azaphosphavanada(V)- cyclobutenes 2, generated in situ from the imidovanadium(V) complex tBuN = VCl3 and the phosphaalkynes 1a - d, with an excess of elemental sulfur or grey selenium, respectively. The reactions of the phosphaalkynes 1a,b with TaOCl3 or VOCl3 · DME furnish the 1,2-dichloro-phosphaalkenes 5a,b and 1,2,3,4-tetrachloro-3,4-di-tert-butyl-1,1-diphosphethane 7a. The metallacyclic species 2e - h with secondary or primary alkyl groups on the ring nitrogen atom are unstable and undergo quantitative conversion to the 1H-1,2,4-azadiphospholes 8, whereas in the presence of an excess of phenylacetylene the 1H-1,2-azaphospholes 9e - h, are formed selectively. A catalytic reaction course has been demonstrated for the cyclotrimerization of phenylacetylene and 2-butyne initiated by small amounts of TaSCl3. The syntheses of the vanadium(IV) complexes [tBuN = VCl2 · 2Py] and [tBuN = VCl2 · TMEDA] are also described starting from tBuN = VCl3 and phosphaalkene 12.
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Binder, Christina. "The VCLT over the Last 50 Years: Developments in the Law of Treaties with a Special Focus on the VCLT’s Rules on Treaty Termination." Austrian Review of International and European Law Online 24, no. 1 (June 1, 2021): 89–119. http://dx.doi.org/10.1163/15736512-02401009.
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Plamenov Delev, Christian. "Beyond Powder Kegs and Crystal Balls: Finding Meaning in the Appellate Body’s Interpretation of WTO Law." Groningen Journal of International Law 8, no. 1 (September 30, 2020): 1–29. http://dx.doi.org/10.21827/grojil.8.1.1-29.
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This article seeks to establish the interpretative methodology used by the WTO Appellate Body and panels in deciding cases. The modern WTO dispute settlement system has been the subject of great criticism, including allegations of judicial activism and use of judicial precedent. These perspectives are founded upon a false theoretical dichotomy, whereby the WTO system is viewed either as a global constitutional system or, alternatively, that its rules are subsidiary to a host of other values and norms, including environmental protection, human rights and national regulatory choice. First, the modifications in institutional architecture under the dispute settlement system are traced and discussed. This includes an analysis of treaty changes, the organisation and structure of panels and the adoption of reports. Subsequently, an analysis of WTO/GATT jurisprudence is made to ascertain the various legal sources used, the normative hierarchy established, the application of VCLT provisions and other rules of treaty interpretation, the use of evolutionary interpretation and the significance of special rules. This Section relies on case law and academic literature. Finally, the question of the fragmentation of international law is addressed with respect to treaty interpretation. This Section analyses legal pluralist arguments, particularly by Weiler, Fischer-Lescano and Teubner and establishes legitimate responses to their arguments. Moreover, certain similarities are established with other international courts and tribunals.
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BINDER, CHRISTINA. "Stability and Change in Times of Fragmentation: The Limits of Pacta Sunt Servanda Revisited." Leiden Journal of International Law 25, no. 4 (November 1, 2012): 909–34. http://dx.doi.org/10.1017/s0922156512000507.
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AbstractStability versus change is one of the fundamental debates of the law of treaties. The limits of pacta sunt servanda – under which conditions a state may derogate from treaty obligations when circumstances change – appears as a constant throughout the history of international law. This article examines the limits of pacta sunt servanda in times of fragmentation. It first discusses the mechanisms of general international law – supervening impossibility of performance and fundamental change of circumstances (Articles 61 and 62 VCLT) in the law of treaties and force majeure and the state of necessity (Articles 23 and 25 of the ILC Articles on State Responsibility) in the law of state responsibility. It is argued that they provide only insufficient means to accommodate change. Against that background, derogation is examined in specific treaty regimes, including international human rights law, the law of the sea, and international investment law. Treaty-based termination/withdrawal clauses and emergency exceptions are analysed accordingly. Especially the latter are formulated in a regime-specific way, adapting derogation from treaty obligations to the requirements of the respective treaty regimes. On the basis of an empirical analysis of relevant state practice it is argued that this regime-specificity – a sign of fragmentation – is especially important since there is an increased need for temporary derogation in contemporary international law.
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Rindos, Andy, Mladen Vouk, and Yaser Jararweh. "The Virtual Computing Lab (VCL)." International Journal of Service Science, Management, Engineering, and Technology 5, no. 2 (April 2014): 51–63. http://dx.doi.org/10.4018/ijssmet.2014040104.
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In this paper, we describe the Virtual Computing Lab (VCL) with its main features and services. Also, we introduce the recent advances of the VCL system and its usage in research and education. The VCL is a cloud computing system that has been optimized for the educational services and research needs of the academic community. VCL is an open source cloud orchestration stack with a self-service portal that currently supports a large number of customers and commercial cloud, or cloud-related services and solutions. It was developed by NCSU with support from IBM Corporation. VCLs promise to support researchers and students in all academic levels to fulfill all their computing needs. In addition to supporting students and faculty members at NC State University and other UNC System universities, the NC VCL now also supports students at several NC community colleges. Also, we introduced cloud computing and service science related activities and achievements at Jordan University of Science and Technology.
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Domagała, Przemysław. "CJEU Achmea Judgment and What Comes Next. Some Reflections on the Potential Implications of the CJEU Judgment (C-284/16)." Polish Review of International and European Law 8, no. 1 (August 20, 2020): 123–38. http://dx.doi.org/10.21697/priel.2019.8.1.06.
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In the judgment of 6.03.2018 (Achmea case, C-284/16), CJEU ruled that treaty clauses that allow investor from one of the Member States to bring proceedings against another Member State before an arbitraltribunal outside the EU judicial system are irreconcilable with Articles 267 and 344 TFEU when such tribunal may be called on to interpret or apply EU law. This principle is applicable to EU trade or investment agreements (FTAs and IIAs), since they are part of EU law, and to BITs, FTAs and IIAs, since they contain explicit or implicit referrals to municipal (EU) law. In intra-EU relations, such a conflict of norms must be solved according to customary international law codified in the VCLT. According to this law, TFEU would prevail as lex superior and, in the case of Poland and many other Member States, as lex posterior. In intra-EU relations, TFEU prevails ex proprio vigore, i.e. without the need to terminate intra-EU BITs. However, such termination is highly desirable, not only for reasons of clarity, but also because arbitral tribunals and extra-EU courts are not bounded by the ECJ’s ruling. In the case of agreements with non-Member States, the incompatibilities referred to in the Achmea judgment must be eliminated by renegotiation or formal termination (Article 307 (2) TFEU). In the case of the BITs, the latter seems to be the only practical solution.
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Christophersen, Ruth, Wolfgang Willing, Ulrich Müller, and Kurt Dehnicke. "Kristallstruktur von β-VCl2(N3S2). Synthese und Kristallstruktur von [VCl(N3S2)(Pyridin)2]2·2 CH2Cl2, einem Cyclothiazenokomplex mit Vanadium(IV)/Crystal Structure of β-VCl2(N3S2). Synthesis and Crystal Structure of [VCl(N3S2)(pyridine)2]2·2 CH2Cl2, a Cyclothiazeno Complex with Vanadium (IV)." Zeitschrift für Naturforschung B 41, no. 11 (November 1, 1986): 1420–25. http://dx.doi.org/10.1515/znb-1986-1116.
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Abstract β-VCl2(N3S2) was obtained by sublimation. It represents a new modification compared to the known α-VCl2(N3S2) which can be obtained from solution. Its crystal structure was determined by X-ray diffraction (864 observed reflexions, R = 0.034). Crystal data: triclinic, space group P1̄, Z = 2, a = 570.0, b = 779.9, c = 735.3 pm , α = 90.85°, β = 108.26°, y = 98.77°. Both modifications consist of polymer chains in which the vanadium atoms are linked alternatively by chloro and nitrogen bridges. The packing of the chains is rather similar, the only difference being that in β-VCl2(N3S2) the chains are rotated by 11° as compared to the orientation in α-VCl2(N3S2). The difference of the two modifications also shows up in the slightly different IR spectra. By reduction of VCl2(N3S2), dissolved in CH2Cl2/pyridine, with H2S, zinc or PPh3, the cyclothiazeno complex [VCl(N3S2)(pyridine)2]2·2 CH2Cl2 was obtained. It crystallizes in the monoclinic space group P 21/c, Z = 4, a = 1010.4, b = 917.3, c = 1967.8 pm, β = 103.03° (structure determination with 649 observed reflexions. R = 0.081). In this vanadium(IV) compound the metal atoms are part of planar VN3S2 rings as found in the VCl2(N3S2) modifications. The two vanadium atoms of the centrosymmetrical dimer are linked via one nitrogen atom of each of the VN3S2 rings; the resulting V2N2 ring is coplanar with the two VN3S2 rings.
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Papastavridis, Efthymios. "Interpretation of Security Council Resolutions under Chapter VII in the Aftermath of the Iraqi Crisis." International and Comparative Law Quarterly 56, no. 1 (January 2007): 83–118. http://dx.doi.org/10.1093/iclq/lei151.
Full textAbstract:
AbstractThe ‘Operation Iraqi Freedom’ in 2003 raised many international legal questions, which all have been more or less addressed in the academic literature since then. However, the thrust of the relevant legal etiology pertained to the implementation of a series of UN Security Council Resolutions, whose hermeneutics, ie the rules of interpretation, in contrast to other issues, have been scarcely explored and elucidated. Accordingly, the purpose of this article is to address the latter question of the hermeneutics of Security Council Resolutions, and propound a coherent thesis in this respect, which would be applicable not only in the Iraqi conflict but even beyond. It will examine, first, whether the provisions of Articles 31–33 of VCLT are applicable eitheripso jureormutatis mutandisin this respect and then having deprecated both of these options, it will turn its focus to the question of which theoretical framework in relation to the hermeneutics in international law could better serve its purposes. Drawing insights from, amongst others, Stanley Fish, Ian Johnstone and Aharon Barak, it will be possible to propound the thesis that any relevantregulatio interpretationsshould pay due regard to the institutional setting of the ‘community’ of the Council, which in turn qualifies the ‘inter-subjective’ approach or the collective will of the Council in light of the object and purpose of the Charter, ie the maintenance of peace and security, as the most pertinent hermeneutic paradigm. Premised upon the latter, the article proceeds and articulates a rubric of interpretive principles and presumptions to be applied in this regard, which, at the end, will be tested in the case of ‘Operation Iraqi Freedom’.
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Shaver, Michael P., Robert K. Thomson, Brian O. Patrick, and Michael D. Fryzuk. "Vanadium and niobium diamidophosphine complexes and their reactivity." Canadian Journal of Chemistry 81, no. 12 (December 1, 2003): 1431–37. http://dx.doi.org/10.1139/v03-153.
Full textAbstract:
The tridentate ligand precursors R′P(CH2SiMe2NR′′)2 (R′R′′[NPN]: R′ = Cy, Ph; R′′ = Ph, Mes, Me) were prepared from metathesis reactions of a lithiated amine, chloro(chloromethyl)dimethylsilane, the appropriate 1° phosphine, and n-butyl lithium and were isolated as solvent adducts. Metathesis between CyPh[NPN]Li2(OEt2), 2, and VCl3(THF)3 afforded (CyPh[NPN]VCl)2, 7, whose solid-state structure was established by X-ray crystallography. Reduction attempts of the (R′R′′[NPN]VCl)2 species with KC8 incorporated molecular nitrogen but were complicated by imide formation and ligand decomposition. Metathesis of 2 with NbCl2Me3 afforded the highly unstable complex CyPh[NPN]NbMe3, 15. Attempts to hydrogenate this species were unsuccessful.Key words: vanadium, niobium, metathesis, coordination chemistry, reduction, hydrogenation.
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Frenzen, Gerlinde, Werner Massa, Thilo Ernst, and Kurt Dehnicke. "Synthese und Kristallstruktur von [VCl2(15-Krone-5)]+[VOCl4]- / Synthesis and Crystal Structure of [VCl2(15-Crown-5)]+[VOCl4]-." Zeitschrift für Naturforschung B 45, no. 10 (October 1, 1990): 1393–97. http://dx.doi.org/10.1515/znb-1990-1008.
Full textAbstract:
[VCl2(15-crown-5)]+[VOCl4]- has been prepared by the reaction of VCl4 with 15-crown-5 in acetonitrile solution in the presence of water, forming black-brown single crystals. They were characterized by IR spectroscopy as well as by an X-ray structure determination. Space group Pnma, Z = 4, 1530 observed unique reflexions, R = 0.052. Lattice dimensions at -120°C: a = 1128.5(4), b = 1063.3(3), c = 1680(1) pm. The compound forms ions, in which the cation contains vanadium(+III), which is seven coordinate by the five oxygen atoms of the crown ether molecule and by two chlorine atoms in axial positions of a pentagonal bipyramide. The [VOCl4]- anion contains vanadium (+V) with approximately tetragonal symmetry