Relevant bibliographies by topics / Vienna Convention on Succession of States in Respect of Treaties

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Academic literature on the topic 'Vienna Convention on Succession of States in Respect of Treaties'

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Published: 4 June 2021
Last updated: 17 February 2022

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Journal articles on the topic "Vienna Convention on Succession of States in Respect of Treaties"

1

Mushkat, Roda. "Hong Kong and Succession of Treaties." International and Comparative Law Quarterly 46, no. 1 (1997): 181–201. http://dx.doi.org/10.1017/s0020589300060176.

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It is not surprising that, at a time when the world's political maps are being constantly redrawn, the subject of “State succession” features prominently in international legal discourse. By the same token, the infrequency of “waves” of transformation, the diversified modalities of change (cession, annexation, decolonisation, dissolution, secession, merger, unification) and the varying contextual circumstances have resulted in a less than coherent theoretical or practical framework for resolving issues of State succession.1 Nor can limited international attempts at “codification”—represented i
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Dimitrijevic, Dusko. "The succession of international treaties in contemporary practice." Medjunarodni problemi 64, no. 2 (2012): 144–79. http://dx.doi.org/10.2298/medjp1202144d.

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Succession of states is a process of substitution of state subjects concerning responsibility of international legal relations of the territory to which the succession relates to. No general rules and unwillingness of states to apply particular rules on succession often caused extreme difficulties in the past in analyzing the succession of treaty rights and obligations. As a totally incomplete system that would serve to regulate all problems caused by the change of the state territorial sovereignty in time the law of succession has manifested a tendency towards ?adjustment? of customary rules
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DUMBERRY, PATRICK. "State Succession to Bilateral Treaties: A Few Observations on the Incoherent and Unjustifiable Solution Adopted for Secession and Dissolution of States under the 1978 Vienna Convention." Leiden Journal of International Law 28, no. 1 (2015): 13–30. http://dx.doi.org/10.1017/s092215651400051x.

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AbstractThis article examines the question of state succession to bilateral treaties. It analyses the work of the International Law Commission undertaken in the 1970s and criticizes the solutions it has adopted in the 1978 Vienna Convention on Succession of States in Respect of Treaties for different types of state succession. I will argue that it is incoherent for the ILC to apply, on the one hand, the solution of automatic continuity for bilateral treaties in the context of secession and dissolution of states, while adopting, on the other hand, the solution of tabula rasa for Newly Independe
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Silvereke, Siri. "Withdrawal from the eu and Bilateral Free Trade Agreements." International Organizations Law Review 15, no. 2 (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
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Бальхаева, Саяна, and Sayana Balkhaeva. "TERRITORIAL APPLICATION OF INTERNATIONAL TREATIES." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 119–25. http://dx.doi.org/10.12737/article_593fc343d518e1.64716974.

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The article is devoted to research on the territorial application of international treaties. This author examines a number of particularities arising in treaty practices of individual states. These particularities are due to the fact of possessing overseas territories. In this case, in the absence of the treaty provisions on its territorial effect the extension of treaty provisions for a certain territory of the state is carried out by means of a unilateral statement when the state is expressing its consent to be bound. Thus, they either extend the scope of application of the treaty in respect
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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 (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 commen
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Murphy, Sean D. "Protection of Persons in the Event of Disasters and Other Topics: The Sixty-Eighth Session of the International Law Commission." American Journal of International Law 110, no. 4 (2016): 718–45. http://dx.doi.org/10.1017/s0002930000763196.

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The International Law Commission held its sixty-eighth session in Geneva from May 2 to June 10, and from July 4 to August 12, 2016, under the chairmanship of Pedro Comissário Afonso (Mozambique). Notably, the Commission completedonsecond reading a full set of eighteen draft articles with commentaries on the protection of persons in the event of disasters and recommended to the United Nations General Assembly that it elaborate a convention based on the draft articles.Additionally, the Commission adopted on first reading a complete set of draft conclusions, with commentaries, for two topics: ide
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Books on the topic "Vienna Convention on Succession of States in Respect of Treaties"

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Portugal. Convention between the government of the United States of America and the Portuguese Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, together with a related protocol: Message from the President of the United States transmitting convention between the government of the United States of America and the Portuguese Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, together with a related protocol, signed at Washington on September 6, 1994. U.S. G.P.O., 1994.

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Portugal. Convention between the government of the United States of America and the Portuguese Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, together with a related protocol: Message from the President of the United States transmitting convention between the government of the United States of America and the Portuguese Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, together with a related protocol, signed at Washington on September 6, 1994. U.S. G.P.O., 1994.

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France. Protocol amending the tax convention with France: Message from the President of the United States transmitting Protocol Amending the Convention between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Paris on August 31, 1994. U.S. G.P.O., 2005.

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France. Protocol amending the tax convention with France: Message from the President of the United States transmitting Protocol Amending the Convention between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital, signed at Paris on August 31, 1994. U.S. G.P.O., 2005.

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France. Convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital: Message from the President of the United States transmitting convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at Paris on August 31, 1994, together with two related exchanges of notes. U.S. G.P.O., 1994.

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France. Convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital: Message from the President of the United States transmitting convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at Paris on August 31, 1994, together with two related exchanges of notes. U.S. G.P.O., 1994.

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France. Convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital: Message from the President of the United States transmitting convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at Paris on August 31, 1994, together with two related exchanges of notes. U.S. G.P.O., 1994.

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8

France. Protocol to the 1967 Tax Convention with France: Message from the President of the United States transmitting the protocol of June 16, 1988, together with a related exchange of notes, to the convention between the United States of America and the French Republic with respect to taxes on income and property of July 28, 1967, as amended by the protocols of October 12, 1970, and November 24, 1978 and January 17, 1984. U.S. G.P.O., 1988.

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France. Protocol to the 1967 Tax Convention with France: Message from the President of the United States transmitting the protocol of June 16, 1988, together with a related exchange of notes, to the convention between the United States of America and the French Republic with respect to taxes on income and property of July 28, 1967, as amended by the protocols of October 12, 1970, and November 24, 1978 and January 17, 1984. U.S. G.P.O., 1988.

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France. Protocol to the 1967 Tax Convention with France: Message from the President of the United States transmitting the protocol of June 16, 1988, together with a related exchange of notes, to the convention between the United States of America and the French Republic with respect to taxes on income and property of July 28, 1967, as amended by the protocols of October 12, 1970, and November 24, 1978 and January 17, 1984. U.S. G.P.O., 1988.

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Book chapters on the topic "Vienna Convention on Succession of States in Respect of Treaties"

1

Oellers-Frahm, Karin, and Andreas Zimmermann. "Vienna Convention on Succession of States in Respect of State Property, Archives and Debts of April 8, 1983 (Identical with the Vienna Convention on Succession of States in Respect of Treaties of August 23,1978)." In Dispute Settlement in Public International Law. Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_8.

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2

TREVIRANUS, HANS-DIETRICH. "VIENNA CONVENTION ON SUCCESSION OF STATES IN RESPECT OF TREATIES." In Encyclopedia of Disputes Installment 10. Elsevier, 1987. http://dx.doi.org/10.1016/b978-0-444-86241-9.50123-8.

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"Appendix A. Vienna Convention On Succession Of States In Respect Of Treaties Of 1978." In State Succession and Commercial Obligations. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9781571053596.i-484.62.

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Gerhard, Hafner, and Novak Gregor. "Part IV Treaty Application, 16 State Succession in Respect of Treaty Relationships." In The Oxford Guide to Treaties. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198848349.003.0017.

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This chapter returns to the international frame, asking how treaties apply in cases of disruption to the international legal order — State succession — a topic addressed by the 1978 Vienna Convention on Succession of States in respect of Treaties (VCSST). The present state of affairs relating to treaty succession suggests that only some of the VCSST’s provisions can serve as a reliable guide to the current State of customary international law (e.g. Article 11’s continuation of all boundary regimes, Article 15’s ‘moving treaty boundaries’ rule). Others constitute progressive development of international law (e.g. Article 31 in cases of incorporation; Article 34 in cases of separation). In any case, modern treaty succession distinguishes not only among the different cases of State succession, such as merger or dismemberment, but also among specific categories of treaties that are subject to different rules or principles. It is therefore difficult to identify a generally applicable legal regime of treaty succession.
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"Chapter 3. The Vienna Convention On Succession Of States In Respect Of Treaties Of 1978." In State Succession and Commercial Obligations. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9781571053596.i-484.16.

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"Appendix B. Vienna Convention On Succession Of States In Respect Of State Property, Archives And Debts Of 1983." In State Succession and Commercial Obligations. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9781571053596.i-484.70.

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7

OESTERHELT, JÜRGEN. "VIENNA CONVENTION ON SUCCESSION OF STATES IN RESPECT OF STATE PROPERTY, ARCHIVES AND DEBTS." In Encyclopedia of Disputes Installment 10. Elsevier, 1987. http://dx.doi.org/10.1016/b978-0-444-86241-9.50122-6.

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"Chapter 4. The Vienna Convention On Succession Of States In Respect Of State Property, Archives And Debts Of 1983." In State Succession and Commercial Obligations. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9781571053596.i-484.20.

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Syméon, Karagiannis. "Part IV Treaty Application, 13 The Relationship(s) between Treaties and Territory." In The Oxford Guide to Treaties. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198848349.003.0014.

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This chapter examines the relationship between treaties and territory. Article 29 of the 1969 Vienna Convention on the Law of Treaties provides that ‘unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory’. However, the provision quickly begs a question: Are States bound to apply all of their treaties’ provisions only on their national territory (or selected parts of it)? This chapter begins by examining the ambit of Article 29. It then contrasts the traditional territorial application of treaties with treaties that may be labelled as ‘non-territorial’ whether because of the treaty’s objects or parties. It closes with the more controversial topic of extraterritorial applications of treaties, examining whether and how States might be held to their treaty obligations in activities that they control outside their territory.
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