Vienna Convention on the Law of Treaties

Slides:



Advertisements
Similar presentations
1 Towards equitable and affordable medicine prices policies in Jordan Interpretation of Jordanian Patent Law and JUSFTA to improve access to medicines.
Advertisements

Enforcement issues, including status of ITU-T Recommendations APT-ITU workshop on the International Telecommunications Regulations Bangkok, 6-8 February.
2-105(1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other.
Traditional Sources of Law: Treaties
Vienna Convention on the Law of Treaties
THE UNIDROIT PRINCIPLES 2010:
The Law of Treaties.
1 A&BS in Relation to Marine Genetic Resources Prof. Dr. Alexander Proelß hydrothermal systems.
HUMR5140 Introduction to Human Rights Law Autumn 2014
Workshop on Hydroflurocarbons (HFCs) Management: Possibilities and opportunities under the Vienna Convention on the Law of Treaties (1969) in enabling.
International Investment Agreements – Balancing Sustainable Development and Investment Protection 10–11 October 2013, Berlin Treaty Interpretation Katharina.
The 2001 UCH Convention in the Context of the Law of the Sea.
JUS1730/5730 International Humanitarian Law (the Law of Armed Conflict), autumn 2014 Lecture 1, 28 August 2014 Kjetil Mujezinović Larsen
EU: Bilateral Agreements of Member States
EU: Bilateral Agreements of Member States. Formerly concluded international agreements of Member States with third countries Article 351 TFEU The rights.
International Law: Summary of Unit 1 Fall 2006 Mr. Morrison.
Vienna Convention on the Law of Treaties 1969
INTERNATIONAL LAW PARMA UNIVERSITY International Business and Development International Market and Organization Laws Prof. Gabriele Catalini.
2-105(1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other.
Dispute settlement GATT 1947 provided for a dispute settlement system based on consultations and negotiations between Members. The Contracting Parties.
Vienna Convention on the Law of Treaties Article 31 1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to.
WIPO Regional Symposium on Copyright in Educational Institutions and Libraries in the Digital Era Hong Kong, March 15-16, 2004.
PUBLIC INT’L LAW CLASS ELEVEN TREATIES Prof David K. Linnan USC LAW # /28/03.
STATUTE OF THE INTERNATIONAL COURT OF JUSTICE (ICJ)
Riserve. A.G. 1950: Richiesta parere alla CIG Richiesta in relazione alla Convenzione ONU sul genocidio 1948 Question I: Can the reserving State be regarded.
Women’s law and human rights: Introduction to legal theory and methods Ingunn Ikdahl
HUMR5140 Introduction to Human Rights Law Autumn 2015 Lectures 1 and 2: Human Rights as Law and as International Law.
Trade Policy Review Mechanism Collective appreciation and evaluation of individual trade policies of Member States. It cannot be used for the enforcement.
LEB Slide Set 5 International and British Contract Law Entire Agreement ICC Model Contract Matti Rudanko.
Substance-over-form as an interpretation canon Chi Chung May 12, 2016.
Agencija za zaštitu ličnih/osobnih podataka u Bosni i Hercegovini Агенција за заштиту личних података у Босни и Херцеговини Personal Data Protection Agency.
International Contracts Slide Set 7 International and British Contract Law Entire Agreement ICC Model Contract Matti Rudanko.
Unit 7 International Law of Treaties
Introduction to the law of treaties Keiichiro Okimoto Associate Legal Officer Treaty Section, Office of Legal Affairs 16 November 2011.
1 Introduction to the Law of Treaties: Contribution of the Treaty Section.
University of Macerata Prof. Avv. Roberto Baratta, PhD University of Macerata Prof. Avv. Roberto Baratta, PhD International Organisations.
Article 4 [Obligations of Applicant] 4.1. As a sole and exclusive owner of the Application, Applicant warrants that.
1. As Source of International Law 2. What is a Treaty? 3. Classification of Treaties 4. Sources of Law of the Treaties 5. Formation of Treaties: Negotiation,
Conditions and warranties. Introduction The law relating to sale and purchase of goods, prior to 1930 were dealt by the Indian Contract Act, In.
LAW 222: INTERNATIONAL LAW II THE UNITED NATIONS Lecture I
University of Macerata Prof. Avv. Roberto Baratta, PhD
FINAL CLAUSES OF MULTILATERAL TREATIES
Sources of international law
THE UNIDROIT PRINCIPLES 2010:
Lecture 6.1 treaties Article 2(1) (a) of the 1969 Vienna convention defines a treaty as “an international agreement concluded between states in written.
LAW 221: INTERNATIONAL LAW
LAW 221: INTERNATIONAL LAW
Law of Treaties.
Markkinoiden juridinen toimintaympäristö Kalvot 5
Private and Public law lesson 3 International law and the relationships between the international legal order and domestic legal order.
PUBLIC INTERNATIONAL LAW
Kansainväliset sopimukset Kalvot 7
University of Macerata Prof. Avv. Roberto Baratta, PhD
Treaty interpretation
ICJ – Reservations to the Convention on Genocide A.O. (1951)
HUMR5140 Human Rights in International and National Law Autumn 2016
English for Lawyers 4 Lecturer: Miljen Matijašević Session 4
Inter-temporality of international law
Function of the International Court of Justice (ICJ):
Housekeeping Annoucements
Constitution and I’ll Law
International Copyright Legal Framework
Interaction between the CISG and National Law
Optional Protocol to the Convention on the Rights of the Child on a communications procedure (New York, 19 December 2011) The Hague, 4 June 2012 Legal.
Stipulazione dei trattati
ICJ – Reservations to the Convention on Genocide A.O. (1951)
Statute of the ICJ, Article 38
Vienna Convention on the Law of Treaties 1969
Cape Town Convention Academic Project – 8th Conference 10th and 11th September 2019 Oceanair Insolvency: US Ch 15 – Alternative A in a Secondary Insolvency.
Pieni poteri Article 7 of Vienna Convention
Presentation transcript:

Vienna Convention on the Law of Treaties Article 31 General rule of interpretation 1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose….

Vienna Convention on the Law of Treaties …2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes: (a) any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty; (b) any instrument which was made by one or more parties in connection with the conclusion of the treaty and accepted by the other parties as an instrument related to the treaty….

Vienna Convention on the Law of Treaties …3. There shall be taken into account, together with the context: (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; (c) any relevant rules of international law applicable in the relations between the parties…

Vienna Convention on the Law of Treaties …4. A special meaning shall be given to a term if it is established that the parties so intended.

Vienna Convention on the Law of Treaties Article 32 Supplementary means of interpretation Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of article 31, or to determine the meaning when the interpretation according to article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable.

Vienna Convention on the Law of Treaties Article 33 Interpretation of treaties authenticated in two or more languages 1. When a treaty has been authenticated in two or more languages, the text is equally authoritative in each language, unless the treaty provides or the parties agree that, in case of divergence, a particular text shall prevail…

Vienna Convention on the Law of Treaties …3. The terms of the treaty are presumed to have the same meaning in each authentic text. 4. Except where a particular text prevails in accordance with paragraph 1, when a comparison of the authentic texts discloses a difference of meaning which the application of articles 31 and 32 does not remove, the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted.

Vienna Convention on the Law of Treaties Article 34 A treaty does not create either obligations or rights for a third State without its consent. Article 35 An obligation arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing.

Vienna Convention on the Law of Treaties Article 36 A right arises for a third State from a provision of a treaty if the parties to the treaty intend the provision to accord that right either to the third State, or to a group of States to which it belongs, or to all States, and the third State assents thereto. Its assent shall be presumed so long as the contrary is not indicated, unless the treaty otherwise provides.

Successione degli Stati nei trattati Successione di Stati = mutamento di sovranità territoriale. Conseguenze di tale mutamento sui diritti ed obblighi derivanti dai trattati conclusi dallo Stato predecessore e possibilità che essi si estendano allo Stato successore. Convenzione di Vienna del 1978 sulla successione degli Stati nei trattati.

Ipotesi di successione di Stati Distacco; Secessione; Smembramento (o dissoluzione); Incorporazione; Fusione; Mutamento radicale di governo (dubbio).