Relevant bibliographies by topics / Vienna Convention on the Law of the Treaties

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Vienna Convention on the Law of the Treaties'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Vienna Convention on the Law of the Treaties"

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Yee, S. "The Law of Treaties Beyond the Vienna Convention." Chinese Journal of International Law 11, no. 2 (June 1, 2012): 367–68. http://dx.doi.org/10.1093/chinesejil/jms039.

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Binder, Christina, and August Reinisch. "‘50 Years Vienna Convention on the Law of Treaties’." Austrian Review of International and European Law Online 24, no. 1 (June 1, 2021): 1–5. http://dx.doi.org/10.1163/15736512-02401002.

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Djordjevic, Stevan. "The effect of international treaties." Medjunarodni problemi 59, no. 1 (2007): 49–70. http://dx.doi.org/10.2298/medjp0701049d.

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The article is devoted to the doctrine and practice of the Law of Treaties. The author focuses his attention on the following four topics: 1. the Treaties and third States or third international organizations; 2. the Tre?aties that provide rights for third States or third international organizations; 3. the Treaties that set out obligations for third States or third international organizations. He pays special attention to the most-favoured-nation clau?se. The author gives interpretations of the Vienna Convention on the Law of Treaties 1969 and the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986.
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Clark, Belinda. "The Vienna Convention Reservations Regime and the Convention on Discrimination Against Women." American Journal of International Law 85, no. 2 (April 1991): 281–321. http://dx.doi.org/10.2307/2203063.

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The law governing the admission of reservations to treaties has evolved over the past sixty years, as is demonstrated by the Vienna Convention on the Law of Treaties, which incorporates a regime on reservations that represents a significant change in the law as it was generally understood in the first part of this century. Whereas it was once widely considered that the unanimous consent of the other parties to a treaty was required to admit a reservation, the Vienna Convention implemented a new system in which this condition is generally not necessary. The regime on reservations is contained in section 2 of the Convention (Articles 19-23), which, together with the definitional article (Article 2(1)(d)), determines what constitutes a reservation, the criteria it must meet to be permissible, and the effect it will have, both in the event that it is accepted by other contracting states and in the more problematic event that it is not.
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Kohona, Palitha T. B. "Some Notable Developments in the Practice of the UN Secretary-General as Depositary of Multilateral Treaties: Reservations and Declarations." American Journal of International Law 99, no. 2 (April 2005): 433–50. http://dx.doi.org/10.2307/1562508.

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This Note will examine developments in the practice of the United Nations secretary-general on reservations and declarations to treaties, particularly since 1994 when the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties was last updated. This period was marked by some notable developments in the previous practice, especially in connection with human rights treaties.The Vienna Convention on the Law of Treaties of 1969 (Vienna Convention) provides the framework for the functions of the secretary-general in his role as depositary of multilateral treaties. Most aspects of the law relating to reservations and declarations to treaties are also codified in the Vienna Convention.Over five hundred multilateral treaties are deposited with the secretary-general. The complex requirements relating to these treaties and the concerns of the many disparate states that may undertake treaty actions with regard to them have significantly influenced his practice. He is also conscious of the political sensitivities surrounding his decisions and the need to protect his own integrity and impartiality.
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Mushkat, Roda. "Hong Kong and Succession of Treaties." International and Comparative Law Quarterly 46, no. 1 (January 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 in the 1978 Vienna Convention on Succession of States in Respect of Treaties2 (the “1978 Succession Convention”) and the 1983 Vienna Convention on Succession of States in Respect of Property, Archives and Debts3—be regarded as expressing established customary norms or articulating laws grounded in consistent State practice, judicial precedent or juristic opinion.
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Djeffal, C. "The Law of Treaties Beyond The Vienna Convention. By ENZO CANNIZZARO." British Yearbook of International Law 82, no. 1 (January 1, 2012): 501–5. http://dx.doi.org/10.1093/bybil/brs029.

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Rosenne, Shabtai. "Commentary on the 1969 Vienna Convention on the Law of Treaties." Law & Practice of International Courts and Tribunals 8, no. 2 (2009): 297–303. http://dx.doi.org/10.1163/157180309x451114.

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Du Plessis, Izelle. "Double Taxation Treaty Interpretation: Lessons from a Case Down Under." Potchefstroom Electronic Law Journal 23 (December 8, 2020): 1–22. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a6840.

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In the Australian case of Bywater Investments Ltd v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation (the Bywater case) the Australian High Court dealt with the question of whether certain companies were resident in Australia for income tax purposes. The majority answered this question by applying Australian domestic law. In a separate but concurring judgement, Gordon J also discussed the interpretation and application of the relevant double taxation treaty. This contribution analyses Gordon J's judgment to extract guidance from it for the South African courts on their interpretation of double taxation treaties. It is submitted that South African courts should also follow the "first step" proposed by Gordon J when interpreting double taxation treaties. South African courts may find Gordon J's judgment "instructive" when dealing with the interpretation of the "place of effective management" concept in both domestic law and double taxation treaties. In his judgment Gordon J favours the goal of common interpretation and it is argued that South African courts should follow this example and explicitly support this notion in applicable cases. From Gordon J's judgment and the judgement in Krok v Commissioner, South African Revenue Service, it is deduced that the positions in South Africa and Australia are similar in that the courts in both countries will be bound by the principles of Articles 31 and 32 of the Vienna Convention on the Law of Treaties when interpreting double taxation treaties. Moreover, Gordon J's judgment indicates that the domestic principles of interpretation should not be used in the interpretation of double taxation treaties. Recent South African cases have suggested that there are no differences between the South African domestic principles of interpretation and those contained in Articles 31 and 32 of the Vienna Convention on the Law of Treaties. This contribution submits that there are many similarities between the two, but that the rules are not exactly the same. South African courts should be aware of these differences and rather apply the rules of public international law, including those contained in the Vienna Convention on the Law of Treaties, when they interpret double taxation treaties. Gordon J specifically identifies the category of the Vienna Convention on the Law of Treaties in which he places the Commentary on the OECD Model Tax Convention, to rely on it for his interpretation of the relevant double taxation treaty. South African courts may well learn from this approach, to create more certainty in the process of interpreting a double taxation treaty.
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Neuhold, Hanspeter. "The Vienna Convention of the Law of Treaties at 50: Issues at the Vienna Codification Conference." Austrian Review of International and European Law Online 24, no. 1 (June 1, 2021): 15–30. http://dx.doi.org/10.1163/15736512-02401005.

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Dissertations / Theses on the topic "Vienna Convention on the Law of the Treaties"

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McCall-Smith, Kasey Lowe. "Reservations to human rights treaties." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6320.

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This thesis examines the default application of the 1969 Vienna Convention on the Law of Treaties reservation rules to reservations to human rights treaties. The contemporary practice of formulating reservations allows states to unilaterally modify their treaty obligations following the conclusion of negotiations. Though multilateral treaties address a broad spectrum of subjects and are negotiated using a variety of methods, all treaties are governed by the same residual reservation rules of the Vienna Convention when there is not a treaty-specific reservation regime in place. The Vienna Convention system is only engaged if a state seizes the opportunity to determine whether a reservation is valid pursuant to default rules or if a challenge regarding the validity of a reservation is brought before another competent mechanism of review, such as a dispute resolution mechanism. Even when applied, the Vienna Convention rules are ambiguous at best and have been criticised since their inception due to the high degree of flexibility in their application, especially in relation to human rights treaties. In light of the inherent flaws of the Vienna Convention reservation regime and the structural characteristics of human rights treaties, rarely will a reserving state be deprived of the benefit of the reservation even if it is determined to be invalid by another State Party. Though the consequences of an invalidity determination are more concrete when the decision is taken by a dispute resolution mechanism, such as a court, seldom are disputes over the validity of a reservation to a human rights treaty submitted to a competent mechanism. Using the core UN human rights treaties as a case study this research highlights that the past thirty years have revealed a practical impasse in treaty law when the default reservation rules are relied upon to regulate reservations to human rights treaties. Reservations of questionable validity gain the same status as valid reservations because the Vienna Convention rules do not address the consequence for a reservation determined to be invalid outwith the traditional inter se application of the reservation between the reserving and objecting states, which is not logical in the context of a human rights treaty. Against this background, this thesis examines whether the default reservation rules adequately govern reservations to human rights treaties. The conclusion affirms that the Vienna Convention reservation regime can regulate reservations to human rights treaties but only if there is a clearly defined final view on the validity of a reservation taken by an organ other than the state. Therefore, it is argued that treaty-specific supervisory mechanisms attached to each of the core UN human rights treaties should be invested with the competency to serve a determinative function with respect to evaluating reservations to human rights treaties in order to facilitate a stronger basis for the international human rights system.
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Engelen, Franciscus Antonius. "Interpretation of tax treaties under international law : a study of articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties and their application to tax treaties /." Amsterdam : IBFD, International Bureau of Fiscal Documentation, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/479589860.pdf.

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Hagiwara, Kazuki. "The Principle of Integration in Sustainable Development Through the Process of Treaty Interpretation: Addressing the Balance Between Consensual Constraints and Incorporation of Normative Environment." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/25491.

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Considering that the concept of sustainable development has a function of normative integration in international law, Article 31(3)(c) provides a legitimate basis of such systemic integration. At the same time, it displays the limitations of the harmonious solution drawn from its application because it works only within the rigid consent-based framework in which the referenced rules should be legal “rules” and should be “applicable in the relations between the parties.” International jurisprudence suggests supplemental elements to overleap the consensual limitations in the application of Article 31(3)(c): a generic term and the object and purpose of the treaty. These text-based and the object-and-purpose-based developmental interpretative techniques enable interpreters to consider legal rules that are not “any relevant rules of international law applicable in the relations between the parties” under Article 31(3)(c).
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Seroin, Isabelle. "L'application des règles d'interprétation de la Convention de Vienne sur le droit des traités dans le cadre de l'ALE, de l'ALENA, du GATT, de l'OMC et de l'Union européenne." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30327.

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This thesis explores the way in which the rules of interpretation of the Vienna Convention on the Law of Treaties have been applied in the context of the US-Canada Free Trade Agreement, the North American Free Trade Agreement, the GATT, the World Trade Organization Agreement and the European Union. The author seeks to analyze the way the dispute settlement panels established according to these agreements and the Court of justice of the European Communities have used the interpretation tools provided by public international law. The author then examines the interpretation framework for international treaties and investigates how Articles 31 and 32 of the Vienna Convention have been applied in the context of each of these agreements or treaties. The extensive panels and court practice surveyed by the author underlines the importance of public international law when interpreting international trade law.
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Krčál, Adam. "Prezident ČR a mezinárodní smlouvy." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-76540.

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The Diploma Thesis deals with the President of the Republic and his/her relation to the International Treaties, to the Negotiation, the Approval and the Ratification. The work contains both international and national perspective of the problem. The thesis is a reflection of the ongoing expert debate, to which extent has the President of the Republic the constitutional right of decision-making autonomy in the field of International Treaties of the Czech Republic. The thesis analyses the current legal situation and presents up-to-date juridical opinions together with arguments from the political science.
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Costa, David Patrick Anthony. "Taxing recurrent services rendered by a foreign company to an associated enterprise in South Africa." Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1008269.

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The objective of the study was to investigate the right of the South African Government to tax the income earned by a foreign company when rendering services in South Africa to a South African associated enterprise on a recurrent basis, together with the right to tax the amounts paid to the employees of the permanent establishment for services rendered in South Africa. At the same time the research investigated whether the services rendered by a foreign company to an associated enterprise in South Africa on a recurrent basis would constitute a permanent establishment, as this is essential before South Africa may tax either the foreign company or the employees of the permanent establishment (where such employees are not resident in South Africa).The research was conducted by means of a critical analysis of documentary data and data from a limited number of interviews with academics and the authors of textbooks and articles. In order to limit the scope of the research, a number of assumptions were made. Conflicting viewpoints underlying certain of these assumptions were discussed. Some of the important conclusions reached are that the provisions of the Vienna Convention on the Law of Treaties should be taken into account when interpreting South African legislation (including Double Tax Agreements), and that the Organisation for Economic Cooperation and Development (OECD) Commentary may be relied upon when interpreting OECD based Double Tax Agreements in South Africa. No conclusion was reached on whether to apply an ambulatory or a static basis of interpreting the OECD Commentary, however. The final conclusion of the research is that the services rendered in South Africa on a recurrent basis would be geographically and commercially coherent and consequently meet the "location test'. It is clear that as the services are rendered regularly and recurrently, they would be regarded as having the necessary permanence and would meet the 'duration test'. The place of business would therefore be regarded as being fixed (having the necessary degree of permanence). As the services would be rendered at the place of business of the South African entity, they would be regarded as being rendered 'through' the place of business and the foreign entity would be regarded as having a permanent establishment in South Africa (as defined in Article 5(1) of the OECD Model Tax Convention}. The South African Government would therefore be entitled to tax the income attributable to the permanent establishment and the income earned by the non resident employees, who rendered services in South Africa for the permanent establishment. Once the entitlement to tax exists, South African legislative rules determine how South Africa proceeds to tax the income.
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Baeumler, Jelena. "The legal nature of WTO obligations: bilateral or collective?" Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4422_1380708069.

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Genest, Alexandre. "Performance Requirement Prohibitions in International Investment Law." Thesis, Université d'Ottawa / University of Ottawa, 2017. http://hdl.handle.net/10393/37013.

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Performance requirements act as policy instruments for achieving broadly-defined economic and developmental objectives of States, especially industrial and technological development objectives. Many States consider that performance requirements distort trade and investment flows, negatively impact global and national welfare and disrupt investment decisions compared to business-as-usual scenarios. As a result, a number of States have committed to prohibiting performance requirements in international investment agreements (“IIAs.”). Performance requirement prohibitions (“PRPs”) are meant to eliminate trade-distorting performance requirements and performance requirements which replace investor decision-making by State decision-making. This thesis focuses on providing answers to two research questions: first, how do States prohibit performance requirements in IIAs? And second, how should PRPs in IIAs be interpreted and applied? For the first time, this thesis: proposes a comprehensive understanding of PRPs in IIAs by drawing notably on the General Agreement on Tariffs and Trade (“GATT”) Uruguay Round of negotiations and on the United States Bilateral Investment Treaty (“BIT”) Programme; develops a detailed typology and analysis of PRPs in IIAs through the identification of systematically reproduced drafting patterns; conducts the first critical and in-depth analysis of all arbitral awards which have decided claims based on PRPs in IIAs; analyses interpretation and application issues related to provisions that exempt government procurement from PRPs and to reservations that shield sensitive non-conforming measures or strategically important sectors from PRPs; and anticipates the application of most-favoured nation (“MFN”) treatment clauses to PRPs in the future. Finally, this thesis formulates proposals that can help interpret and apply existing PRPs and draft future PRPs in a more deliberate and informed way.
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Ayman, Randi. "La dénonciation et la renégociation des traités." Electronic Thesis or Diss., Paris 1, 2020. http://www.theses.fr/2020PA01D017.

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La dénonciation et la renégociation sont deux notions qui ne partagent pas de traits caractéristiques communs. L’une est un acte unilatéral qui met fin à la participation d’un Etat à un traité, tandis que l’autre consiste à mener un dialogue entre les Etats parties à un traité en vue de maintenir le lien conventionnel tout en lui apportant des changements substantiels. Cependant, les Etats ont souvent recours à la dénonciation et à la renégociation d’un traité comme solution alternative pour un même motif, à savoir un changement de circonstances. Ce constat a suscité notre intérêt d’étudier l’articulation de la dénonciation et la renégociation lorsqu’elles portent sur un même traité, notamment quand elles sont invoquées simultanément. Cette thèse soutient l’omniprésence d’une possibilité de renégocier le traité dans tous les cas de dénonciation. Toutefois, la renégociation peut ne jamais se manifester, compte tenu notamment du traité en question et des circonstances entourant la dénonciation de celui-ci. Il s’agirait dans un tel cas d’une possibilité dormante. Nous soutenons également que la renégociation n’opère qu’avant la prise d’effet de la dénonciation. L’étude du régime juridique et des effets de ces deux notions démontre que la dénonciation et la renégociation sont en effet procéduralement liées. Elles obéissent ainsi à certaines conditions communes et sont gouvernées par des principes communs. Par ailleurs, bien que leurs effets soient a priori opposés, ceux-ci s’entrelacent à plusieurs égards. Enfin, il ressort de cette étude que la dénonciation et la renégociation des traités jouent un rôle pivot dans l’atténuation de la tension entre les exigences de stabilité juridique et de mutation sociale. Elles sont des outils d’adaptation, et de ce fait, constituent des éléments de flexibilité du traité permettant de gérer les risques liés à l’évolution de la société en offrant un moyen de réaménager le traité ou de s’en libérer, selon les circonstances
Denunciation and renegotiation are two notions that do not share common features. One is a unilateral act that terminates a State’s participation in a treaty, whereas the other is a dialogue between States parties to a treaty aiming to maintain the conventional relationship while making substantial changes to it. Nonetheless, States often resort to the denunciation and the renegotiation of a treaty as an alternative solution for the same reason, namely a change of circumstances. This observation aroused our interest in studying the interaction between denunciation and renegotiation when they relate to the same treaty, in particular when they are invoked simultaneously. This thesis supports the omnipresence of the possibility of renegotiating the treaty in all cases of denunciation. However, a renegotiation may never occur, particularly in view of the treaty in question and the circumstances surrounding its denunciation. In such a case, it would be a dormant possibility. We also argue that renegotiation only takes place before the denunciation takes effect. A study of the legal regime and the effects of these two concepts shows that denunciation and renegotiation are in fact procedurally linked. They thus obey certain common conditions and are governed by common principles. Moreover, although their effects are seemingly divergent, these are intertwined in several respects. Finally, this study shows that denunciation and renegotiation of treaties play a pivotal role in reducing the tension between the requirements of legal stability and social change. They are tools for adaptation, and thus constitute elements of treaty flexibility that allow to manage the risks associated with social change by providing a means of rearranging the treaty or to break away from it, depending on the circumstances
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Blom, Okkie Johannes Jacobus. "The legal status of tax treaties in South Africa." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/62558.

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Books on the topic "Vienna Convention on the Law of the Treaties"

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Dörr, Oliver, and Kirsten Schmalenbach, eds. Vienna Convention on the Law of Treaties. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-19291-3.

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Dörr, Oliver, and Kirsten Schmalenbach, eds. Vienna Convention on the Law of Treaties. Berlin, Heidelberg: Springer Berlin Heidelberg, 2018. http://dx.doi.org/10.1007/978-3-662-55160-8.

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Cannizzaro, Enzo. The law of treaties beyond the Vienna Convention. Oxford: Oxford University Press, 2011.

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Giorgio, Gaja, ed. The law of treaties beyond the Vienna Convention. Oxford: Oxford University Press, 2011.

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Vienna convention on the law of treaties: A commentary. Heidelberg: Springer, 2012.

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British Institute of International and Comparative Law, ed. 40 years of the Vienna Convention on the Law of Treaties. London: British Institute of International and Comparative Law, 2010.

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Commentary on the 1969 Vienna Convention on the Law of Treaties. Leiden: Martinus Nijhoff Publishers, 2009.

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The Vienna Conventions on the Law of Treaties: A commentary. Oxford: Oxford University Press, 2011.

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Lo, Chang-fa. Treaty Interpretation Under the Vienna Convention on the Law of Treaties. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6866-9.

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Alexandre, Jean. La Convention de Vienne sur le droit des traités. Aix-en-Provence: A.D.F.A.F., 1994.

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Book chapters on the topic "Vienna Convention on the Law of the Treaties"

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Maxeiner, James R. "Vienna Convention on the Law of Treaties." In Encyclopedia of Global Justice, 1124–25. Dordrecht: Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-1-4020-9160-5_665.

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Oellers-Frahm, Karin, and Andreas Zimmermann. "Vienna Convention on the Law of Treaties." In Dispute Settlement in Public International Law, 135–38. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-642-56626-4_7.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 76. Depositaries of treaties." In Vienna Convention on the Law of Treaties, 1297–307. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_80.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 5. Treaties constituting international organizations and treaties adopted within an international organization." In Vienna Convention on the Law of Treaties, 89–99. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_7.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 28. Non-retroactivity of treaties." In Vienna Convention on the Law of Treaties, 477–87. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_31.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 29. Territorial scope of treaties." In Vienna Convention on the Law of Treaties, 489–503. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_32.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 40. Amendment of multilateral treaties." In Vienna Convention on the Law of Treaties, 709–17. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_43.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 27. Internal law and observance of treaties." In Vienna Convention on the Law of Treaties, 453–73. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_30.

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Dörr, Oliver, and Kirsten Schmalenbach. "Guide to Practice on Reservations to Treaties." In Vienna Convention on the Law of Treaties, 349–88. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_26.

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Dörr, Oliver, and Kirsten Schmalenbach. "Article 80. Registration and publication of treaties." In Vienna Convention on the Law of Treaties, 1339–44. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-19291-3_84.

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Conference papers on the topic "Vienna Convention on the Law of the Treaties"

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Özkan, Almıla, and Ayşe Sena Aksakallı. "Transfer of Risk of Loss in Turkish Law and International Treaties." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02381.

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The risk of loss refers to the value of the goods that were damaged or destroyed without responsibilities of any party. While the matter of risk of loss differs from legal systems to legal systems, it has been subject to international treaties as well. In Turkish legal system, the abrogated Code of Obligation and Turkish Code of Obligations have different features in terms of transfer of risk of loss. According to abrogated Code of Obligation, the buyer is responsible for the value of the damaged goods as soon as the parties sign the contract. In Turkish Code of Obligations, the seller bears the risk of loss until the delivery of goods or registration. Turkish Code of Obligation is compatible with civil law. And abrogated Code of Obligation is compatible with common law system. There are rules regarding transfer of risk of loss in many international treaties. By the way, it must be stated that rules of transfer of risk of loss in Vienna Convention are compatible with Turkish Code of Obligations.
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Su, Kani. "Demonstration of Sovereignty Entitlement of Diaoyu Islands from the Perspective of Treaty Law: According to Vienna Convention on the Law of Treaties." In 6th International Conference on Social Science, Education and Humanities Research (SSEHR 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/ssehr-17.2018.110.

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Topaloğlu, Mustafa. "Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00982.

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Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.
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Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Convention on the Rights of the Child or the European Convention on Human Rights, are beginning to be directly adjusted to the this Convention. From the aspect of recognition and exercising of the rights of children with disabilities, the issue of accessibility to health care services is especially important. It insists on the application of the principles of reasonable accommodation, accessibility and non-discrimination so that children with disabilities have access to health care facilities on an equal basis with other children. This implies significant involvement of the state, local community and family in order to remove social and infrastructural barriers. Furthermore, the UN Committee on the Rights of Persons with Disabilities calls for an absolute ban on the forced detention and placement of children in health care facilities, while there is a very negative attitude towards the care of children with disabilities in social protection institutions. In this regard, an amendment to the domestic Law on the Protection of Persons with Mental Disabilities is required. According to the social model of disability, the family environment with the appropriate and effective support of the local community is a necessary environment for the realization of the rights of children with disabilities. When it comes to the consent of a child with a disability to a medical treatment, it is necessary to determine the child's capability to form views, as in the case of other children. In that sense, the mentioned child should be provided with appropriate assistance and support to express his / her views. This support consists primarily in the way in which the child is informed about the proposed medical treatment.
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