DOCSLIB.ORG

AG RECEIVED /Lf-Osi.>:F

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
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. :Consultative Status for the E::ropean Centre for Law and Justice, U.N. DEP'T ECON. & Soc. AFF., http://esango.un.org/civilsociety/consultativeStatusSummary .do?profileCode=30 10 (last visited 2 Nov. 201 2). � Rap�ael Ahren, Full List of Treaties, Conventions Where Abbas Seeks Membership, TIMES OF ISRAEL (2 Ap;-. 20 14, 3:50 PM), http://v.·-.vw.timesofisraei.com/full-1 ist-of-organizations-to-·v.·hich-abbas-appl ied-for­ membership. 3 Pacta sunt servanda means generally that agreements of the parties to a treaty must be observed. See BLACK'S LAW DICTIONARY 1217 19th ed. 20 11). 4 Yienna Convention on the Law of Treaties, pmbl., 23 May 1969, 1155 U.N.T.S. 331, 332, available at http:;://treaties.un.org/doc/Publicat!on/UNTS!Yolume%20 1155/volume-1155-1- I S232-English.pdf. HECEIVED r (PoL-{ ' .J o; /o o s-i Pol-/ o1/ o 02 This most recent attempt by the Palestinians to circumvent treaties they have entered into fo llows on the heels of their seeking a change in status at the UN in November 2012 in violation of those same treaties. If a true and lasting peace is to be achieved between Israelis and Palestinians, it must be achieved via good fa ith, bilateral negotiations between the parties, not by seeking to circumvent agreements already made. Such circumvention simply demonstrates to the world community at large and to the Israelis in particular that the Palestinians do not keep the solemn agreements they enter into, do not negotiate in good faith, and, therefore, cannot be trusted. No State or organisation should be complicit in the Palestinians' betrayal of agreements they previously entered into. In this letter, we discuss the fo llowing issues: First, the change in status adopted by the UN General Assembly in November 20 12 did not-indeed, could not-change the PA's actual statehood status. Accordingly, the PA remains a non-State entity that cannot accede to international treaties or join UN agencies. Second, by its own actions, the PA appears institutionally incapable of carrying out obligations it agrees to in treaties it fr eely enters into, thereby demonstrating that it is not ready to assume the burdens of responsible statehood. Accordingly, the PA is precluded fr om acceding to international treaties and joining UN agencies. Third, no sovereign Arab Palestinian political entity has ever existed in any territory that comprised the Mandate for Palestine, and no such entity exists today. Once again, the PA's lack of statehood precludes its attempts to accede to international treaties e>r join UN agencies, both of which limit accession to "States" or "Powers". In conclusion, the PA's only legitimate way ahead is to negotiate in good fa ith with Israel to resolve all outstanding issues between them. The process will be difficult and require often painful concessions by both sides, but it is the only route to the two-state solution and peace between Israelis and Palestinians. I. THE UN GENERAL ASSEMBLY'S ADOPTION OF THE PALESTINIAN AUTHORITY'S 29 NOVEMBER 2012 STATUS CHANGE RESOLUTION DID NOT-INDEED, COULD NOT-CREATE A PALESTINIAN STATE. Despite quite understandable Palestinian excitement over the 29 November 2012 General Assembly vote which changed the PA's status at the UN from "Entity" with Observer status to "Non-Member State" with Observer status, no legal change actually occurred with respect to the creation or existence of a Palestinian "State" for the fo llowing reasons: First, under the UN Charter, the General Assembly has no lawful authority whatsoever to create or recognise a "State". The UN does not officially recognise states or declare statehood; such actions are the responsibility of individual governments: The recognition of a new State or Government is an act that only other States and Governments may grant or withhold. It generally implies readiness to assume diplomatic relations. The United Nations is neither a State nor a Government, and therefore does not possess any authority to 5 recognize either a State or a Government . 5 Member States: About UN Membership. U.N., http://www.un.org/l!n/members/about.shtml (last ,·isited 10 · Apr. 2014) (emphasis added). 2 Hence, were the General Assembly to attempt to either create or recognise a "State", its actions would be ultra vires and void ab initio. As a consequence, the recent General Assembly decision to change the PA's status at the UN was, at most, simply an internal, administrative decision whose reach is limited to how the PA will henceforth be dealt with at the UN-and nothing more. As U.S. Representative Susan Rice correctly noted at the time, "[ n ]o resolution can 6 create a state where none exists" . A similar sentiment was expressed by the Representative from Georgia: "The resolution adopted today could be understood as conferring privileges and rights in line with those of Non-Member Observer States; it did 7 not imply an automatic right fo r Palestine to join international organizations as a State" • Similarly, the Finnish Representative noted that "the Assembly's vote did not entail formal recognition of a Palestinian State. Finland's national position on the matter would 8 be considered at a later date" . Moreover, while nothing can make the current Palestinian entity into an actual State, since it lacks all internationally-recognised attributes of statehood (notwithstanding a General Assembly resolution seemingly to the contrary), the various attempts to grant "Palestine" recognition as a State are, in fact, undermining international law. Law has to be applied generally and should never be changed to suit a particular instance of political expediency, which permitting the non-State entity "Palestine" to accede to international treaties and become a member of UN agencies truly is (since accession and membership, respectively, are limited to actual "States"). The trustees of international treaties and the heads of international organisations must be above politics. In reality, the recently adopced resolution merely gives the Palestinians the rights and privileges of a Non-Member Observer State at the UN (like the Holy See) without actually conferring or recognising Palestinian statehood per se. Accordingly, the PA remains a non-State entity. which is incapable of joining UN agencies or acceding to international conventions, since both limit· participation to "States" or ''Powers" (a term understood to mean States). Second, the General Assembly hes no lawful authority to determine the borders, the territorial extent, or the capital city of any state, much less those of an entity whose very existence as a "State" is easily disproven under international law. Despite a clear lack of lawful authority to do so, the. status change resolution adopted by the General Assembly nevertheless explicitly incorporated the PA's view concerning borders, territory, and 9 national capital of a future Palestinian "State" while totally disregarding not only 6 Joe Lauria et al., UN. Gives Palestinians 'State' Status, WALL ST. J. (29 Nov. 2012, 11:13 PM), http://online.wsj.com/news/articles/SB I 0001424 127887323751 104578 1491933072345 14. 7 See Gen. Assembly, Dep't of Pub. Information, General Assembly Votes Overwhelmingly to Accord Palestine 'Non-Member Obse1 ver State' S:atus in United Nations, U.N. (29 Nov. 20 12), http://v1ww. un.org/News/Press/docs/20 12/ga II .1 I 7 .doc.htrn. 8!d. Moreover, the United Kingdom's representative expressed grave concern "about the action the Assembly had taken, saying that 'the window for <: negotiated solution was rapidly closing'. Israel and Palestine must return to credible negotiations to save a two-State solution. The Palestinian leadership should, without precondition, return to the table"'. !d. Germany's representative expressed similar concern by stating that Palestinian statehood could only be achieved through '·direct negotiations". /d. 9 We say "future'" state for a number of reasons: First, because even PA President Mahmoud Abbas described what occurred at the Ger,eral Assembly as being the ''birth certificate" of Palestine, id.; and 3 Israel's well-established counterclaims but also the explicit means-to wit, bilateral negotiations-previously agreed to by both Palestinians and Israelis (under the auspices of the international community) for resolving such disputes as well as explicit language in prior Security Council resolutions.
Load more

Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • Treaties and Conventions
    Treaties and Conventions I. United States Treaties IV. Regional Treaty Collections II. Multilateral Treaty Collections V. Topical Treaty Collections III. National Treaty Collections VI. Guides and Glossaries I. UNITED STATES TREATIES AND AGREEMENTS Texts United States Congress - House, Senate, and Treaty Documents Search for text of treaty documents from the 99th Congress forward. Treaties and Other International Acts Series (TIAS) First official publication of new U.S. treaties and agreements - slip treaty. Lag time over 2 years for print. TIAS pamphlets for 1996-2003. Select year from left sidebar. Department of State's Freedom of Information Act Document Collections Provides an incomplete listing of agreements that entered into force after 1998. Organized by signing date, documents are unedited and subject to possible correction before their official publication in TIAS. Reporting International Agreements to Congress under Case Act (Text of Agreements) Contains text of any international agreement, other than a treaty, to which the United States is a party, required to be transmitted to Congress by the Secretary of State, within 60 days of the agreement's entry into force. U.S. Treaties Provided by Thomas service, Library of Congress. Coverage: 90th Congress to present (a few treaties from the 81st through the 89th.) Search by treaty number, word/phrase or topic (treaty type). Provides treaty number, date submitted and Senate Executive Report number. Use the citations to search in GPO Access for Senate Treaty Documents and Executive Reports. Senate Treaty Documents From the GPO. Coverage from 104th Congress to present. Search or browse for text of treaty documents. Treaty Documents contain text of negotiated and signed treaty, State Department report and Presidential transmittal letter.
    [Show full text]
  • 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.
    [Show full text]
  • Treaties and Congressional-Executive Or Presidential Agreements: Interchangeable Instruments of National Policy: Ii
    TREATIES AND CONGRESSIONAL-EXECUTIVE OR PRESIDENTIAL AGREEMENTS: INTERCHANGEABLE INSTRUMENTS OF NATIONAL POLICY: II MYRES S. McDOUGALt AND ASHER LANSt VII. THE REQUIREMENTS OF A DEMOCRATIC FOREIGN POLIcy FOR THE WHOLE NATION The existence under our Constitution of the variety of interchange- able techniques, described in the previous Sections of this article,' for perfecting international agreements has obviously served the nation well in the past. It may in the future, 2 if the facts of variety and inter- changeability are fully recognized and acted upon by the public and by all branches of the Government, provide a system for the conduct of our foreign relations which is adequate both to cope with the im- peratives of survival and to secure our other national interests in the contemporary world-that is, a system whereby policy is quickly and easily formed by democratic means for the nation as a whole, and whereby the execution of policy is prompt and efficient, without being subjected to the adventitious whims and disintegrating attacks of obstructionist minority control. The flexibility and dispatch which such a system may require are available in the President's powers to make the initial decision as to how any particular agree- ment is to be perfected and to make and perform, on his own responsibility, all agreements needed to meet war and other emergen- cies. Conversely, ample check upon any arbitrary or unwise exercise of executive power, beyond what is imposed by public opinion and the President's unique responsibility to the voters of the whole nation, is insured by the fact that, without the aid of the Congress, the powers of the President, or even of the President and the Senate, to perform important international agreements are in the long run severely limited.
    [Show full text]
  • MEMORANDUM January 30, 2015 To: to the Honorable Earl Blumenauer Attention: Kelsey L
    MEMORANDUM January 30, 2015 To: To the Honorable Earl Blumenauer Attention: Kelsey L. Aulakh and David Skillman From: Susan Chesser Information Research Specialist, 202-707-9547 Subject: Multilateral Executive Agreements 1985-2014 This memo responds to your request for a list of multilateral executive agreements to which the government of the United States has become a party over the past thirty years. Following is a list of these agreements compiled by comparing several sources. The U.S. Department of State publishes and posts electronically the annual Treaties in Force, which lists all treaties and other international agreements to which the United States is a party. Most recently, the Department published Treaties in Force as of January 1, 2013, plus a supplement that was published in 2014 listing all agreements that came into force during 2013. In addition, the Department posts Texts of International Agreements to which the US is a Party (TIAS). This site provides links to the text of each agreement from 1996 through 2014. As mentioned in our telephone conversation, I compared the titles of multilateral agreements listed in the above publications with the Treaties database in the Legislative Information System and identified the agreements that were sent to the U.S. Senate for approval, which is required of all treaties. The multilateral international agreements that were not sent to the Senate are, therefore, executive agreements. Following is the list of these international agreements since 1985, with entries copied from and arranged by topics designated in Treaties in Force. For complete identification of all parties to the agreements below, as well as identifying citations, please consult these sources.
    [Show full text]
  • Major Peace Treaties of Modern History
    Major Peace Treaties Of Modern History Trophic and homothermal Brant mistryst her pandects raggings ratably or nebulising summarily, is Enrique soundless? Argentine Jeffrey nidificate focally. Ambitious Andrew suffocating some bowpot after occlusal Sydney vestured reductively. The 5 Worst Treaties the United States Ever Signed Foreign. Major peace treaties of modern history 164-1967 by Fred L Israel unknown edition. The World Before the commission of Westphalia. Her work helped lay the foundation for modern codebreaking today. Significantly Articles 2 and 3 of another Treaty so important purposes not. In Mali after the signing of the Algiers peace agreement in 2015 women. Major Peace Treaties of Modern History Israel Fred L 97077541264 Books Amazonca. Major Peace Treaties of Modern History 164-2000 Israel Fred L Chill Emanuel Amazoncomau Books. Robert Gerwarth is thus of Modern History at UCD and Director. And supreme diplomat of the era it and five years to trip the peace treaties. Thus depended on modern history at this major peace treaty, against israeli teenagers are abundantly evident today respond to end of peaceful nuclear arsenals and. Why or sign in nationalist and thus giving hitler. Major Peace Treaties of Modern History 164-2000 Israel Fred L. Featuring 100 milestone documents of ancient history control the National Archives. By a peace conference that lasted over many year long treaty was disliked by every. Amazoncojp Major Peace Treaties of Modern History 164 1967. And middle-income countries not either able offer access modern contraceptives. This major british trade in history of studies, could be coupled with malabar and turkey acknowledges french and negotiate a popup modal, nonprofit membership would respond with further.
    [Show full text]
  • Treaty Series Cumulative Index
    UNITED NATIONS TREATY SERIES Treaties and international agreements registered or filed and recorded with the Secretariat of the United Nations CUMULATIVE INDEX No. 52 (Volumes 2751 to 2800) I. Treaties Nos. 48543 to 49255 (Registered) II. Treaty No. 1357 (Filed and Recorded) T r e a t y S e r i e s Treaties and international agreements registered or filed and recorded with the Secretariat of the United Nations ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ C u m u l a t i v e I n d e x No. 52 (Volumes 2751 to 2800) I. Treaties Nos. 48543 to 49255 (Registered) II. Treaty No. 1357 (Filed and Recorded) ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ UNITED NATIONS New York, 2016 Copyright © United Nations, 2016 All rights reserved. Printed by the United Nations Reproduction Section, New York. No part of this publication may be 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. Copyright © Nations Unies, 2016 Tous droits réservés. Imprimé par la Section de la reproduction des Nations Unies, New York. La reproduction, l'archivage ou la transmission, même partiels, de la présente publication sous quelque forme quece soit par des moyens électroniques ou mécaniques,par photocopié,par enregistrement ou part tout moyen, sont subordonnés à l'autorisation préalable, donné par écrit, de l'Organisation des Nations Unies. Treaties and international agreements registered or filed and recorded with the Secretariat of the United Nations ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ CUMULATIVE INDEX No. 52 Volumes 2751 to 2800 (May 2011 - January 2012) ¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯ TABLE OF CONTENTS Page General Introduction ..................................................................................................
    [Show full text]
  • Treaties in Force a List of Treaties and Other International Agreements Of
    United States Department of State 1 Treaties in Force A List of Treaties and Other International Agreements of the United States in Force on January 1, 2000 Treaties2 in Force A List of Treaties and Other International Agreements of the United States in Force on January 1, 2000 This publication lists treaties and other international agreements of the United States on record in the Department of State on January 1, 2000 which had not expired by their terms or which had not been denounced by the parties, replaced or superseded by other agreements, or otherwise defi- nitely terminated. Compiled by the Treaty Affairs Staff, Office of the Legal Adviser, Department of State. 3 Treaties in Force – January 1, 2000 4 Department of State Publication 9434 Office of the Legal Adviser Released June 2000 For sale by the Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 TREATIES IN FORCE i FOREWORD Treaties in Force is published annually by the Department of State for the purpose of providing information on treaties and other international agreements to which the United States has become a party and which are carried on the records of the Department of State as being in force as of January 1 of each year. The title Treaties in Force uses the term treaty in the generic sense as defined in the Vienna Convention on the Law of Treaties, that is, an international agreement ‘‘governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.’’ The term ‘‘treaty’’ in its restricted usage in the United States denotes international agreements made by the President with the advice and consent of the Senate in accordance with Article II, section 2 of the Constitution of the United States.
    [Show full text]
  • Indian Treaties: a Bibliography*
    LAW LIBRARY JOURNAL Vol. 107:2 [2015-10] Indian Treaties: A Bibliography* Beth DiFelice** This bibliography describes sources for research into treaties between the U.S. govern- ment and Indian tribes, focusing on primary sources. The sources are preceded by an overview of the treaty process and the termination of the government’s power to enter into treaties with Indian nations. Overview of the Indian Treaty Process ..................................243 Congressional Termination of the Treaty Power ..........................243 How Many Indian Treaties? ...........................................244 Ratified Versus Nonratified Treaties ....................................245 Oral Traditions .....................................................245 Treaty Compilations .................................................246 Lists of Treaties .....................................................249 Treaty Proceedings ..................................................250 Congressional Documents ............................................250 Statements by Tribal Leaders ........................................250 National Archives .................................................251 Collections of Congressional Documents .............................251 Journal of the Executive Proceedings of the Senate .....................252 Congressional Committee Hearings ..................................252 Debates of Congress ...............................................252 Presidential Documents ............................................253 War
    [Show full text]
  • English] \3 March, 9 June, 12 June and 7 July 1964]
    Document:- A/CN.4/167 and Add.1-3 Third Report on the law of treaties, by Sir Humphrey Waldock, Special Rapporteur Topic: Law of Treaties Extract from the Yearbook of the International Law Commission:- 1964 , vol. II Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations LAW OF TREATIES [Agenda item 3] DOCUMENT A/CN.4/167 and Add.1-3 Third Report on the Law of Treaties, by Sir Humphrey Waldock, Special Rapporteur [Original text: English] \3 March, 9 June, 12 June and 7 July 1964] CONTENTS Page INTRODUCTION A. The basis of the present report 6 B. The scope and arrangement of the present group of draft articles 6 PART in. APPLICATION, EFFECTS, REVISION AND INTERPRETATION OF TREATIES Section I. The application and effects of treaties 7 Article 55 : Pacta sunt servanda 7 Commentary 7 Article 56: The inter-temporal law 8 Commentary 9 Article 57: Application of treaty provisions ratione temporis 10 Commentary 10 Article 58: Application of a treaty to the territories of a contracting State 12 Commentary 12 Article 59: Extension of a treaty to the territory of a State with its authorization 15 Commentary 15 Article 60: Application of a treaty concluded by one State on behalf of another 16 Commentary 16 Article 61: Treaties create neither obligations nor rights for third States 17 Commentary 17 Article 62: Treaties providing for obligations of rights of third States 19 Commentary 20 Article 63: Treaties providing for objective regimes 26 Commentary 27 Article 64: Principles of a treaty extended to third States by formation of international custom 34 Commentary 34 Article 65: Priority of conflicting treaty provisions 34 Commentary 35 Article 65A: The efifect of breach of diplomatic relations on the application of treaties 44 Commentary 44 Article 66: Application of treaties to individuals 45 Commentary 45 Section II.
    [Show full text]