The Reservations to the Protocols Additional to the Geneva Conventions for the Protection of War Victims
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Security Council Distr.: General 8 November 2007
United Nations S/AC.44/2004/(02)/138 Security Council Distr.: General 8 November 2007 Original: English Security Council Committee established pursuant to resolution 1540 (2004) Note verbale dated 30 April 2007* from the Permanent Mission of Mauritius to the United Nations addressed to the Chairman of the Committee The Permanent Mission of the Republic of Mauritius to the United Nations presents its compliments to the Chairman of the Security Council Committee established pursuant to resolution 1540 (2004) and has the honour to submit herewith the actions taken by the Government of Mauritius with a view to implementing Security Council resolution 1540 (2004) (see annex). * Received by the Secretariat on 2 November 2007. 07-58928 (E) 161107 *0758928* S/AC.44/2004/(02)/138 Annex to the note verbale dated 30 April 2007 from the Permanent Mission of Mauritius to the United Nations addressed to the Chairman of the Committee National report on the implementation of resolution 1540 (2004) 1. Introduction 1.1 The Security Council of the United Nations, in its resolution 1540 (2004), decided, inter alia, that all States should adopt and enforce appropriate and effective legislation which would prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery. The resolution also provides that all States should take and enforce effective measures to establish domestic controls to prevent the proliferation of such weapons and their means of delivery. 2. Measures implemented in Mauritius 2.1 Mauritius fully supports the international initiative in favour of the non-proliferation of nuclear, chemical and biological weapons and strongly believes that all weapons of mass destruction should be eliminated, given that they constitute a great threat to national and international peace and security. -
Reservations to Treaties, Prohibited Reservations and Some Unsolved Issued Related to Them
ISSN 2039-2117 (online) Mediterranean Journal of Social Sciences Vol 6 No 2 S2 ISSN 2039-9340 (print) MCSER Publishing, Rome-Italy March 2015 Reservations to Treaties, Prohibited Reservations and some Unsolved Issued Related to Them Fjorda Shqarri Phd candidate, Faculty of Law, University of Tirana, Professor at Faculty of Law, University of Tirana, Department of Public Law [email protected] Doi:10.5901/mjss.2015.v6n2s2p97 Abstract The capacity of states to conclude treaties is the most important premise of their legal personality, but sometimes a state wants to be part of the treaty but also wants to exclude the effect of some provisions. The statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State is called reservation to the treaty. This paper aims to analyze on the basis of a qualitative methodology, based on research in the literature and relevant legal acts, the role of reservations in the conclusion of treaties between states, its content, the acts similar to reservations and also the prohibited reservations. The consequences of the reservations and the relations between reserving sate and the parties of the treaty, as well as other important issues related to them. Keywords: treaties, reservation, interpretative declaration, prohibited reservation, compatibility test 1. General Overview of the Legal Regime of Reservations Article 2/1/d) of Vienna Convention “On the law of treaties” 1969 (mentioned below as Vienna Convention) defines a reservation as “a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State;” (Vienna Convention, art. -
Status of Non-Proliferation Treaties, Agreements, and Other Related Instruments in the Middle East
Status of non-proliferation treaties, agreements, and other related instruments in the Middle East DAVID SANTORO Background paper EU Seminar to promote confidence building and in support of a process aimed at establishing a zone free of WMD and means of delivery in the Middle East Brussels, 6–7 July 2011 The EU Non-Proliferation Consortium is a network of independent non-proliferation think tanks to encourage discussion of measures to combat the proliferation of weapons of mass destruction and their delivery systems within civil society, particularly among experts, researchers and academics. Any opinions expressed in this document are the sole responsibility of the author and do not necessarily reflect the views of the EU Non- Proliferation Consortium or any of its individual institutes. July 2011 ii EU NON-PROLIFERATION CONSORTIUM Contents I. Introduction 1 II. Nuclear weapons 1 III. Biological and chemical weapons 5 IV. Ballistic missiles 7 V. Nuclear safety 7 VI. The proliferation–terrorism nexus 9 VII. Conclusions 11 Appendix 12 About the author Dr David Santoro is a Research Associate under the Stanton Nuclear Security Fellowship Program at the International Institute for Strategic Studies. Previously, he held positions in France, Australia, Canada, and the United States, both as a policy analyst and a lecturer. His main research interests are centred on WMD issues against the backdrop of major power relations. Abbreviations AP Additional protocol BWC Biological and Toxin Weapons Convention CPPNM Convention on the Physical Protection -
To the William Howard Taft Papers. Volume 1
THE L I 13 R A R Y 0 F CO 0.: G R 1 ~ ~ ~ • P R I ~ ~ I I) I ~ \J T ~' PAP E R ~ J N 1) E X ~ E R IE S INDEX TO THE William Howard Taft Papers LIBRARY OF CONGRESS • PRESIDENTS' PAPERS INDEX SERIES INDEX TO THE William Ho-ward Taft Papers VOLUME 1 INTRODUCTION AND PRESIDENTIAL PERIOD SUBJECT TITLES MANUSCRIPT DIVISION • REFERENCE DEPARTMENT LIBRARY OF CONGRESS WASHINGTON : 1972 Library of Congress 'Cataloging in Publication Data United States. Library of Congress. Manuscript Division. Index to the William Howard Taft papers. (Its Presidents' papers index series) 1. Taft, William Howard, Pres. U.S., 1857-1930. Manuscripts-Indexes. I. Title. II. Series. Z6616.T18U6 016.97391'2'0924 70-608096 ISBN 0-8444-0028-9 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $24 per set. Sold in'sets only. Stock Number 3003-0010 Preface THIS INDEX to the William Howard Taft Papers is a direct result of the wish of the Congress and the President, as expressed by Public Law 85-147 approved August 16, 1957, and amended by Public Laws 87-263 approved September 21, 1961, and 88-299 approved April 27, 1964, to arrange, index, and microfilm the papers of the Presidents in the Library of Congress in order "to preserve their contents against destruction by war or other calamity," to make the Presidential Papers more "readily available for study and research," and to inspire informed patriotism. Presidents whose papers are in the Library are: George Washington James K. -
I Am Honoured to Have Been Invited Here to Deliver the Keynote Address
KEYNOTE ADDRESS BY H.E. MR. ABDULQAWI A. YUSUF, PRESIDENT OF THE INTERNATIONAL COURT OF JUSTICE I am honoured to have been invited here to deliver the keynote address, and I am particularly happy that my first speech before you as President of the International Court of Justice should be on the occasion of the 70th anniversary of the International Law Commission. As a judge of the International Court, but also first and foremost as an international lawyer, the work of the International Law Commission has played, and continues to play, a crucial role in my daily work. Your dedication and that of your predecessors has allowed the international legal system to develop into what it is today. For that, on behalf of international lawyers everywhere, I thank you. Of course, in the first rank of these international lawyers are my colleagues at the International Court of Justice, many of whom have passed through the Commission and have asked me to convey to you their congratulations on this 70th anniversary as well as their best wishes for the future. The theme of today’s celebration is “Drawing a Balance for the Future”, but I want to take a few minutes to look back into the past in order to understand the role that the International Law Commission has played over the past seven decades. This brings to mind an African proverb, which says: “If you want to know the end, look at the beginning.” The twentieth century was a time of particular upheaval for the international legal system. On the one hand, the century marked the evolution of the international law from a system that was applicable only among a small circle of European States to one that has a credible claim to be a universal legal system, one in which States from all corners of the globe participate. -
1540 Matrix for Central African Republic
OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 Central African State: Republic Date of Report: {date} Did you make one of the following Remarks statements or is your country a State (information refers to the if YES, indicate relevant information (i.e. signing, accession, Party to or Member State of one of the YES page of the English version ratification, entering into force, etc) following Conventions, Treaties and of the report or an official Arrangements ? web site) General statement on non- 1 possession of WMD General statement on commitment to 2 disarmament and non-proliferation General statement on non-provision 3 of WMD and related materials to non- State actors Biological Weapons Convention 4 X (BWC) Signed 10 April 1972 Chemical Weapons Convention 5 X (CWC) Deposit 20 September 2006 Nuclear Non-Proliferation Treaty 6 X (NPT) Deposit 25 October 1970 Comprehensive Nuclear Test Ban 7 X Treaty (CTBT) Signed 19 December 2001 The information in the matrices originates primarily from national reports and is complemented by official government information, including that made available to inter-governmental organizations. The matrices are prepared under the direction of the 1540 Committee. The 1540 Committee intends to use the matrices as a reference tool for facilitating technical assistance and to enable the Committee to continue to enhance its dialogue with States on their implementation of Security Council Resolution 1540. The matrices are not a tool for measuring compliance of States in their non-proliferation obligations but for facilitating the implementation of Security Council Resolutions 1540 and 1673. -
Multilateral Treaties and the Environment: a Case Study in the Formation of Customary International Law
Denver Journal of International Law & Policy Volume 27 Number 2 Spring Article 5 May 2020 Multilateral Treaties and the Environment: A Case Study in the Formation of Customary International Law Craig L. Carr Gary L. Scott Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Craig L. Carr & Gary L. Scott, Multilateral Treaties and the Environment: A Case Study in the Formation of Customary International Law, 27 Denv. J. Int'l L. & Pol'y 313 (1999). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. MULTILATERAL TREATIES AND THE ENVIRONMENT: A CASE STUDY IN THE FORMATION OF CUSTOMARY INTERNATIONAL LAW* CRAIG L. CARR** AND GARY L. SCOTT*** I. INTRODUCTION Although the question of whether multilateral treaties create cus- tomary international law upon coming into force remains controversial, there is good reason to suppose that they do.' Pressing global problems demand cooperative solutions, and cooperative solutions are best achieved by means of the treaty process. Yet treaties bind only those states that are parties to the treaty, and often the critical number of parties is not great enough to assure an effective international response to global problems like environmental degradation. So it is tempting to assert that multilateral treaties generate an "instant custom" 2 that ob- * An earlier draft of this paper was presented at the Joint Convention of the Mexican International Studies Association (AMEI) and the International Studies Association (ISA), Manzanillo, Mexico, December 11-13, 1997. -
Draft Articles on Nationality of Natural Persons in Relation to the Succession of States with Commentaries 1999
Draft Articles on Nationality of Natural Persons in relation to the Succession of States with commentaries 1999 Text adopted by the International Law Commission at its fifty-first session, in 1999, and submitted to the General Assembly as a part of the Commission’s report covering the work of that session (at para. 48). The report, which also contains commentaries on the draft articles, appears in Yearbook of the International Law Commission, 1999, vol. II, Part Two. Copyright © United Nations 2005 Nationality in relation to the succession of States 23 (c) Have their habitual residence in a third State, and were born PREAMBLE in or, before leaving the predecessor State, had their last habitual residence in what has remained part of the territory of the prede- The General Assembly, cessor State or have any other appropriate connection with that State. Considering that problems of nationality arising from succession of States concern the international Article 26. Granting of the right of option by the predecessor and community, the successor States Emphasizing that nationality is essentially gov- Predecessor and successor States shall grant a right of option to erned by internal law within the limits set by interna- all persons concerned covered by the provisions of articles 24 and tional law, 25, paragraph 2, who are qualified to have the nationality of both the predecessor and successor States or of two or more successor Recognizing that in matters concerning nationality, States. due account should be taken both of the legitimate interests of States and those of individuals, 2. TEXT OF THE DRAFT ARTICLES WITH COMMENTARIES Recalling that the Universal Declaration of Human THERETO Rights of 1948 proclaimed the right of every person to a nationality, 48. -
The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force
Denver Journal of International Law & Policy Volume 23 Number 1 Fall Article 3 May 2020 The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force Williams Paul R. Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Williams Paul R., The Treaty Obligations of the Successor States of the Former Soviet Union, Yogoslavia, and Czechoslovakia: Do They Continue in Force, 23 Denv. J. Int'l L. & Pol'y 1 (1994). This Article is brought to you for free and open access by Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. The Treaty Obligations of the Successor States of the Former Soviet Union, Yugoslavia, and Czechoslovakia: Do They Continue in Force? PAUL R. WILLIAMS* I. INTRODUCTION The United States consistently asserts that the successor states emerging from the dissolution of the former Soviet Union, Yugoslavia, and Czechoslovakia are obligated to fulfill the treaty obligations of their predecessor states. The United States bases this duty on the international law of state succession with respect to treaties and on political commitments made during the process of establishing diplo- matic relations. The international law of state succession with respect to treaties, however, indicates that successor states are frequently entitled to a de novo review of the treaty commitments of the predecessor state, and they are not immediately obligated to assume all the treaties of the predecessor state. -
Towards a Multilateral Treaty for Mutual Legal Assistance and Extradition for Domestic Prosecution of the Most Serious International Cr Imes
Towards a Multilateral Treaty for Mutual Legal Assistance and Extradition for Domestic Prosecution of the Most Serious International Cr imes It is the solemn responsibility of all States to comply with their international obligations to end impunity for the crimes of genocide, crimes against humanity and war crimes. This responsibility notably includes thorough investigation and prosecution at the domestic level of persons responsible for such crimes. Not just to adequately penalize violations of international law, but also to avoid the recurrence of such heinous atrocities. Because of the very nature of these most serious international crimes, suspects and witnesses, evidence or assets relating to these crimes are quite often not limited to the territory of one single State. This means that States which have to investigate and prosecute these crimes will have to cooperate practically and judicially in order to be truly effective in the fight against impunity and comply with their international obligations. This is the only way to avoid the creation of safe havens for perpetrators of mass atrocities. As a practical tool to enable States to both comply with their international obligations and empower their national judiciaries, it is proposed to set up a modern procedural multilateral treaty on MLA and extradition which would facilitate better practical cooperation between States investigating and prosecuting these crimes. At a first expert meeting on the subject, practitioners and legal experts from nineteen countries across five continents concluded that the international procedural legal framework for mutual legal assistance and extradition for these international crimes is incomplete and outdated. An increasing number of like-minded States share this conclusion. -
The Statehood of 'Collapsed' States in Public International
Agenda Internacional Año XVIII, N° 29, 2011, pp. 121-174 ISSN 1027-6750 The statehood of ‘collapsed’ states in Public International Law Pablo Moscoso de la Cuba 1. Introduction Over the last few years the international community has been witnessing a phenomenon commonly referred to as ‘State failure’ or ‘State collapse’, which has featured the disintegration of governmental structures in association with grave and intense internal armed conflicts, to the point that the social organization of society what international law considers the government of the State, a legal condition for statehood – has almost, or in the case of Somalia totally, disappeared from the ground. Such a loss of effective control that the government exercises over the population and territory of the State – the other legal conditions for statehood – pose several complex international legal questions. First and foremost, from a formal perspective, the issue is raised of whether a State that looses one of its constitutive elements of statehood continues to be a State under International Law. Such a question may only be answered after considering the international legal conditions for statehood, as well as the way current international law has dealt with the creation, continuity and extinction of States. If entities suffering from State ‘failure’, ‘collapse’ or ‘disintegration’ and referred to as ‘failed’, ‘collapsed’ or ‘disintegrated’ States continue to be States in an international legal sense, then the juridical consequences that the lack of effective government create on their condition of States and their international legal personality have to be identified and analysed. Our point of departure will therefore be to analyze ‘State collapse’ and the ‘collapsed’ State from a formal, legal perspective, which will allow us to determine both whether 122 Pablo Moscoso de la Cuba the entities concerned continue to be States and the international legal consequences of such a phenomenon over the statehood of the concerned entities. -
The Netherlands 2018 Arbitration Yearbook | the Netherlands
11th Edition 2017-2018 The Baker McKenzie International Arbitration Yearbook The Netherlands 2018 Arbitration Yearbook | The Netherlands The Netherlands 1 2 Robert van Agteren and Mathieu Raas A. Legislation and rules A.1 Legislation In the Netherlands, arbitrations seated in the Netherlands and commenced after 1 January 2015 are governed by the 2015 Arbitration Act. Arbitrations commenced before that date, as well as related court proceedings, continue to be governed by the 1986 Arbitration Act. Both acts were inspired by the 1986 UNCITRAL Model Law and contain fairly standard and arbitration-friendly provisions relating to the arbitration agreement, arbitrators (appointment, disclosures and challenges), procedure, witness and expert hearings, competence-competence and the content of the arbitral award.3 The Netherlands is a party to various international treaties relating to international arbitration. The New York Convention has been in force in the Netherlands since 1964. Consequently, arbitral awards that are rendered in another New York Convention signatory state and which, according to the competent Dutch court, satisfy the criteria from that convention are recognized and can be enforced in the Netherlands.4 As will be discussed in Section B below, in the past year the Netherlands Supreme Court rendered two notable judgments in relation to enforcement under the New York Convention. The 1 Robert van Agteren is a partner in Baker McKenzie’s Amsterdam office. He heads the Amsterdam Dispute Resolution Practice Group. His arbitration experience ranges from renewable energy construction disputes to pharmaceutical distribution matters. 2 Mathieu Raas is a senior associate in Baker McKenzie’s Amsterdam office. He is experienced in commercial, post M&A and joint venture disputes.