Treaties and Conventions
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AG RECEIVED /Lf-Osi.>:F
EC RECEIVED APR 1 6 2014 /lf- o SI.>:f EXBCtJTI'VEdm at OPTIIESECRET ARY-G.BNERAI, 14 April2014 ACTION M The Honourable Ban Ki-moon Secretary-General COPY D sf:, United Nations Headquarters c_cL c.... 2 United Nations Plaza £-s New York, New York 10017 United States of America AG The Reqm:st by Palestinian Officials to Join UN Agencies and Accede ro International Conventions Your Excellency: By way of introduction, the European Centre for Law and Justice ("ECLJ") is an international, Non-Governmental Organisation ("NGO"), dedicated, inter alia, to the promotion and protection of human rights and to the fu rtherance of the rule of law in international affairs. The ECLJ has held Special Consultative Status before the United Nations/ECOSOC since 200i. Recently, Palestinian Authority (PA) President Mahmoud Abbas submitted a series of letters to various UN agencies as well as to officials of Switzerland and the Netherlands requesting that "Palestine" be admitted to the respective UN agency or that "Palestine" be permitted to accede to the respective convention or treaty2• By submitting such requests, President Abbas is attempting to obtain recognition of Palestinian statehood "through the back door" by circumventing the provisions of solemn treaties which the PA entered into in the past. Such a manoeuvre indicates that the Palestinians are prepared to violate the terms of agreements they have entered into when such terms become inconvenient or do not lead to the results the Palestinians otherwise desire. Such actions violate fo undational principles of international law, to wit, the principle of ·'good fa ith" 3 4 and the rule of ''pacta sunt servanda" regarding treaties , and cannot be permitted or tolerated. -
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. -
Guide to Treaty Research
ARTHUR W. DIAMOND LAW LIBRARY RESEARCH GUIDES Guide to Treaty Research Written by Simon Canick Maintained by Silke Sahl Last Updated April 2015 Contents [hide] 1 Introduction to Treaty Research 2 When the United States is a Party 2.1 Databases 2.2 Treaty Indexes 2.3 Pending / Recent Treaties 2.4 The Publication of Treaty Texts: Current 2.5 The Publication of Treaty Texts: Historic 3 When the United States May Not Be a Party 3.1 Databases Multilateral Treaties 3.2 Treaty Indexes Multilateral Treaties 3.3 Treaty Indexes Bilateral / Multilateral Treaties 3.4 Treaty Collections 4 When You Know One of the Parties 4.1 Australia 4.2 Canada 4.3 European Union / European Communities 4.4 France 4.5 Germany 4.6 Great Britain 5 SubjectSpecific Treaty Research 5.1 Arms Control 5.2 Bilateral Investment Treaties (BITs) 5.3 Commercial / Trade Agreements 5.4 Environmental Law 5.5 Human Rights 5.6 Intellectual Property 5.7 Tax Treaties 5.7.1 United States is a Party 5.7.2 United States May Not be a party 5.8 Terrorism 6 Treaty Citation 7 Other Research Guides Introduction to Treaty Research The Diamond Law Library is a great place to find the text of treaties. We have access to all of the resources described in this guide, and many others not mentioned. But even with the right tools, treaty research can be quite difficult and time consuming. This is especially true if you do not have a good understanding of treaties and how they are formed. -
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. -
United States - Vatican Recognition: Background and Issues
The Catholic Lawyer Volume 29 Number 3 Volume 29, Summer 1984, Number 3 Article 2 United States - Vatican Recognition: Background and Issues Samuel W. Bettwy Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Catholic Studies Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. UNITED STATES-VATICAN RECOGNITION: BACKGROUND AND ISSUESt SAMUEL W. BETTWY* "A lawyer without history or literature is a mechanic . .;[with] some knowledge of these .. .an architect."' In world affairs, the Roman Catholic Church and all its alter egos are known generically as "the Vatican." Its leader is the "Pope," its diplo- matic agent is called the "Holy See," and its independent territory is called "The State of Vatican City." The Vatican participates in interna- tional conferences as well as in bilateral and multilateral treaties with world nations. Nevertheless, the Church is not a state, nor does it claim to be one. On January 10, 1984, the United States became the 107th na- tion and the first superpower to establish reciprocal diplomatic relations with the Vatican.2 Although other attempts had been made, never before t Copyright Samuel W. Bettwy 1984. * Project Editor, American Society of International Law; Member, California and Arizona State Bars and the Bar of the District of Columbia; B.A. Economics, Pomona College; J.D., California Western School of Law; LL.M., Georgetown University Law Center. -
LIST of TREATIES to WHICH the MALDIVES IS PARTY to Updated: December 2020
LIST OF TREATIES TO WHICH THE MALDIVES IS PARTY TO Updated: December 2020 Ratification(R)/ Accession (a)/ Date and place of Acceptance(A)/ No Treaty/ Convention/ Agreement Date of Signature Depositary Focal Point Internal Links adoption Approval (Ap)/ Participation(P)/ Succession(S) Note: An asterisk indicates that a treaty has either expired, been terminated, has been superseded by a subsequent agreement or has been amended. CONVENTIONS ESTABLISHING MULTILATERAL INTERNATIONAL ORGANIZATIONS 1 Charter of the United Nations 26 June 1945, San 20-Sep-1965 US Govt (UN for Ministry of Foreign http://www.un.org/en/section Francisco some depositary Affairs s/un-charter/introductory- function) note/index.html 2 Amendment to Article 109 of the Charter of the United Nations, 20 Dec 1965, New 5-Sep-1968 UN Secretary Ministry of Foreign adopted by the UN General Assembly Resolution 2101 (XX) York General Affairs 3 Statute of the International Court of Justice (ICJ) 26 June 1945, San 20-Sep-1965 US Govt (UN for http://www.icj- Francisco some depositary cij.org/documents/?p1=4&p2 function) =2 4 Constitution of the World Health Organization (WHO) 22 July 1946, New 5-Nov-1965 (A) UN Secretary- Ministry of Health http://www.who.int/governan York General ce/eb/who_constitution_en.p df 5 Convention of the International Maritime Organization (IMO) 11 Oct 1947, 31-May-1967 (A) IMO Secretary- Ministry of Transport http://cil.nus.edu.sg/rp/il/pdf/ Washington General and Communication 1948%20Convention%20on %20the%20International%20 Maritime%20Organization- pdf.pdf -
The Reservations to the Protocols Additional to the Geneva Conventions for the Protection of War Victims
International Review of the Red Cross, No. 849, March 2003, pp. 143-184. Faits et documents Reports and documents The reservations to the Protocols additional to the Geneva Conventions for the protection of war victims JULIE GAUDREAU* * Julie Gaudreau is a former staff member of the ICRC Advisory Service on International Humanitarian Law. On 8 June 1977, the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts (Geneva, 1974-1977) adopted two protocols additional to the Geneva Conventions of 12 August 1949 for the protection of war victims. The Protocols have not yet attained the universality of the Geneva Conventions,1 but 160 States are nevertheless party to the Additional Protocol relating to the Protection of Victims of International Armed Conflicts (Protocol I), and 153 are party to the Additional Protocol relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). The Additional Protocols undeniably enhanced international humanitarian law. The aim here is not to re-examine how – although this is discussed when relevant – but rather to draw up an inventory of all the reservations with which the Protocols have been encumbered.2 To date, 34 States have formulated nearly 150 unilateral declarations pertaining to Protocol I, whereas 13 States have formulated 13 declarations pertaining to Protocol II.3 This article endeavours to ascertain whether those declarations constitute true reservations and, if so, to assess their scope. Legal norms applicable to reservations to the Additional Protocols Like the Geneva Conventions, which they supplement, the Additional Protocols are silent on the subject of reservations. -
A Typology of Multilateral Treaty Obligations: Are WTO Obligations Bilateral Or Collective in Nature?
MFK-Mendip Job ID: 9924BK--0039-12 2 - 907 Rev: 02-12-2003 PAGE: 1 TIME: 12:44 SIZE: 61,11 Area: JNLS OP: MF ᭧ EJIL 2003 ............................................................................................. A Typology of Multilateral Treaty Obligations: Are WTO Obligations Bilateral or Collective in Nature? Joost Pauwelyn* Abstract An important, though oft neglected, distinction between multilateral treaty obligations separates obligations of a bilateral nature from those of the collective or erga omnes partes type. Multilateral obligations of the bilateral type can be reduced to a compilation of bilateral, state-to-state relations. They can be compared to contracts. Collective obligations, in contrast, cannot be divided into bilateral components. They are concluded in pursuit of a collective interest that transcends the individual interests of the contracting parties. The standard example of such obligations are those arising under a human rights treaty. In domestic law, collective obligations can be compared to criminal law statutes or even domestic constitutions. This essay examines the origins of the distinction between bilateral and collective obligations, as well as its major consequences, both in the law of treaties and the law on state responsibility. On that basis, a wider typology of multilateral treaty obligations is suggested. In the exercise, obligations arising under the World Trade Organization are used as a case study. The argument is made that WTO obligations remain essentially of the bilateral type; they are not collective in nature. * Associate Professor of Law, Duke University School of Law. Formerly with the Legal Affairs Division and Appellate Body Secretariat of the WTO. This paper is a substantial revision of Part I of The Nature of WTO Obligations, Jean Monnet Working Paper No. -
Example of a Multilateral Treaty
Example Of A Multilateral Treaty GermaineFerinand evolve hereditary her saveor gabby hitherward, when draggled she remands some it pryer timeously. meanders Gallantly wildly? diaphragmatic, Ransom lance paras and bandage siderolite. Is CPA, the consultation procedure aims to sword the cantons, the political parties and stakeholders in the definition of soccer position where the Confederation and the drawingup of its decisions. This means spread in known of a conflict with charity law, international law will likewise prevail. Since ancient times, political entities have used treaties as we tool to saw their international or neighbourly relations. Where multilateral treaties under whose duration equals that on a request an example of examples help aboriginal demands for their best chance for switzerland into treaty is. The rapid failure plague the fisheries and hunt in this part make the gloom is alarming these Indians and compelling them to leave for old hunting grounds. After obtaining a multilateral treaties raise when a wide range from sources of multilateralism can successfully. What the poultry want from negotiated compacts is the helm to make and own decisions and saying their own lives, economy and impede, free below the effects of changing governments. Australian law would require Aboriginal people to cede their sovereignty. Crown and multilateral treaties had been robust wto secretariat, multilateralism in order in international law if anything, bits and exchange of which had been obtained within wto? Where compliance is pretty likely, skip is often relatively costless. Making a reservation or declaration to a multilateral treaty. The arbitration decision shall be final. A helicopter can its many parties these treaties are called multilateral treaties Treaties are sometimes called conventions pacts or accords Once executed a. -
Treaty Handbook
Treaty Handbook Prepared by the Treaty Section of the Office of Legal Affairs United Nations UNITED NATIONS PUBLICATION Sales No. E.02.V2 ISBN 92-1-133645-7 Disclaimer This Handbook is provided for information only and does not constitute formal legal or other pro- fessional advice. Readers may wish to seek such advice before taking action in relation to matters described in this Handbook or otherwise relying on the information contained herein. The United Nations assumes no liability for actions undertaken in reliance on the information contained in this Handbook. Copyright © 2002, 2005, 2006 by the United Nations Reprinted 2002, 2005, 2006 All rights reserved. Printed in the Reproduction Section of the United Nations. No part of this publication maybe reproduced, stored in a retrieval system or transmitted in any form by any means, i. e., electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the United Nations. TABLE OF CONTENTS __________________ Foreword.............................................................................................................................iv Abbreviations......................................................................................................................vi 1 Introduction..................................................................................................................1 2 Depositing multilateral treaties....................................................................................3 2.1 Secretary-General as depositary -
Investment Arbitration and the Energy Charter Treaty
INVESTMENT ARBITRATION AND THE ENERGY CHARTER TREATY Edited by Clarisse Ribeiro ARBITRATION INSTITUTE OF THE STOCKHOLM CHAMBER OF COMMERCE !P !P JurisNet, LLC 54 INVESTMENT ARBITRATION AND THE FNERGY CHARTER TREATY Part 1 - Investments and Investors Covered by the Energy Charter Treaty Emmanuel GaillarA* The Energy Charter Treaty ("ECT" or the "Treaty") is the international community's most sigruficant multilateral 10 See, e.g., 2005 ICSID Annual Report 6. 11 See ECT, Article 26(4)(c). * Emmanuel Gaillard is a Partner at Shearman & Sterling LLP and heads the International Arbitration Group of the firm. He is also a Professor of Law at the University of Paris XII. INVESTMENTS AND INVESTORS COVERED BY THE ECT 55 instrument for the promotion of cooperation in the energy sector and provides the legal basis for an open and non-discriminatory energy market. It is also, together with the North American Free Trade Agreement ("NAFTA"), one of the most important multilateral treaties providing for the promotion and protection of investments. The ECT was signed on December 17, 1994 and entered into force on April 16, 1998. It now binds forty-eight States as well as the European Communities.12 The ECT was adopted with a view to pursuing, on a legally binding basis, the objectives and principles of the European Energy Charter of December 17,1991.13 The Treaty's Preamble defines these objectives as including, in particular, the creation of commitments on "a secure and binding international legal basis" and of a "structural framework required to implement the principles enunciated in the European Energy Charter" (ECT, Preamble). -
Chronological List of Treaties and Other Agreements
Chronological List of Treaties and Other Agreements Archives Archives Nationales d’Outre-Mer, Aix-en-Provence, France. Archives privées – Général Louis Archinard (60 apc, 1880–1911) Archives privées – Alfred Durand (61 apc, 1891–1913) Archives privées – Cornut-Gentille (63 apc, 1884) Archives privées – Général Jean Baptiste Marchard (64 apc, 1899–1949) Archives privées – Pierre Savorgnan de Brazza (Missions) (16 pa, 1875–1905) Archives privées – Maréchal Joseph Gallieni (44 pa, 1880–1916) Gouvernement général de l’Afrique équatoriale française – Missions d’exploration et de délimitations de frontières (Sous-série 2D, 1883–1943) Gouvernement général de l’Afrique équatoriale française – Missions d’inspection des colonies (Sous-série 3D, 1901–1950) Ministère des Colonies – Série géographique (Dahomey, 1889–1918) Ministère des Colonies – Série géographique (Soudan français, 1875–1911) Ministère des Colonies – Série géographique (Niger, 1900–1938) Ministère des Colonies – Série géographique (Tchad, 1898–1918) Ministère des Colonies – Missions (1796–1932, 1944) Das Bundesarchiv, Berlin-Lichterfelde, Germany. Deutsches Reich: Kaiserreich (1871–1918) einschließlich Norddeutscher Bund (1867–1871) British Library, London, United Kingdom. Nineteenth century, Archives and Manuscripts, 1700 to 1919 National Archives, Kew, Richmond, United Kingdom. Colonial Office (co): 148, 151, 464, 465, 473, 587, 588, 656, 659, 660, 700, 843, 879, 1039 Dominions Office (do): 119, 141 Foreign Office (fo): 2, 83, 84, 93, 94, 95, 96, 541, 881, 925, 959 School of Oriental and African Studies, London, United Kingdom. Conference of British Missionary Societies/International Missionary Council (imc/cbms) Restatement of African Law Project (ralp) pp ms 74 Mieke van der Linden - 9789004321199 Downloaded from Brill.com09/24/2021 02:56:36PM via free access <UN> 294 Chronological List of Treaties and Other Agreements Chronological List of Treaties and Other Agreements1 9 February 1839, Treaty of cession between France and King Denis of Gabon, De Clercq, vol.