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Prof. Dr. Andreas Zimmermann, LL.M. (Harvard)
Internationale Organisationen Kapitel X: Regionalorganisationen weltweit (Teil 2: Americas, Arabische Welt) Prof. Dr. Andreas Zimmermann, LL.M. (Harvard)
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Organization of American States (OAS)
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Ziele der OAS Article 1 OAS Charter: Nature and Purpose
The American States establish by this Charter the international organization that they have developed to achieve an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence. Within the United Nations, the Organization of American States is a regional agency. The Organization of American States has no powers other than those expressly conferred upon it by this Charter, none of whose provisions authorizes it to intervene in matters that are within the internal jurisdiction of the Member States.
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Gründungsmitglieder:
Mitgliedstaaten OAS Gründungsmitglieder: Argentina, Bolivia Brazil, Chile Colombia Costa Rica, Cuba* Dominican Republic Ecuador, El Salvador Guatemala, Haiti Honduras. Mexico Nicaragua Panama Paraguay, Peru United States Uruguay Venezuela Später beigetreten: Antigua and Barbuda (1981) Bahamas (1982) Barbados (1967), Belize Canada, Dominica (1979) Grenada (1975) Guyana, Jamaica (1969) Saint Christopher and Nevis (1984) Saint Lucia (1979) Saint Vincent and the Grenadines (1981) Suriname (1977) Trinidad and Tobago (1967)
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Suspendierung Article 9 OAS Charter
A Member of the Organization whose democratically constituted government has been overthrown by force may be suspended from the exercise of the right to participate in the sessions of the General Assembly, the Meeting of Consultation, the Councils of the Organization and the Specialized Conferences as well as in the commissions, working groups and any other bodies established.
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OAS und Kuba Exclusion of the Present Government of Cuba from Participation in the Inter-American System (1962) 1. That adherence by any member of the Organization of American States to Marxism-Leninism is incompatible with the inter-American system and the alignment of such a government with the communist block breaks the unity and solidarity of the hemisphere. 2. That the present Government of Cuba, which has officially identified itself as a Marxist-Leninist government, is incompatible with the principles and objectives of the inter-American system. 3. That this incompatibility excludes the present Government of Cuba from participation in the inter-American system.
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Regionales Völkergewohnheitsrecht (1)
ICJ, Colombian-Peruvian asylum case, Judgment of November 20th 1950 : I.C. J. Refiorts 1950, p. 266 [276] “The Party which relies on a custom of this kind [regional or local custom peculiar to Latin-American States] must prove that this custom is established in such a manner that it has become binding on the other Party. The Colombian Government must prove that the rule invoked by it is in accordance with a constant and uniform usage practiced by the States in question, and that this usage is the expression of a right appertaining to the State granting asylum and a duty incumbent on the territorial State.“
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Regionales Völkergewohnheitsrecht (2)
[Fortsetzung, Asylum Case][277] “The facts brought to the knowledge of the Court disclose so much uncertainty and contradiction, so much fluctuation and discrepancy in the exercise of diplomatic asylum and in the officia1 views expressed on various occasions, there has been so much inconsistency in the rapid succession of conventions on asylum, ratified by some States and rejected by others, and the practice has been so much influenced by considerations of political expediency in the various cases, that it is not possible to discern in all this any constant and uniform usage, accepted as law, with regard to the alleged rule of unilateral and definitive qualification of the offence.”
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Arabische Liga
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Mitgliedschaft AL Article I Charter of Arab League
The League of Arab States is composed of the independent Arab states which have signed this Charter. Any independent Arab state has the right to become a member of the League. If it desires to do so, it shall submit a request which will be deposited with the Permanent Secretariat General and submitted to the Council at the first meeting held after submission of the request.
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Mitgliedstaaten AL
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Ziele der AL Article II Charter of Arab League
The League has as its purpose the strengthening of the relations between the member-states, the coordination of their policies in order to achieve co-operation between them and to safeguard their independence and sovereignty; and a general concern with the affairs and interests of the Arab countries. It has also as its purpose the close co-operation of the member-states, with due regard to the Organisation and circumstances of each state, on the following matters: A. Economic and financial affairs, including commercial relations, customs, currency and questions of agriculture an industry. B. Communications; this includes railroads, roads, aviation, navigation, telegraphs and posts. C. cultural affairs. D. Nationality, passports, visas, execution of judgments and extradition of criminals. E. Social affairs. F. Health affairs.
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Council of League of Arab States Resolution 465 [2009]
AL - ICC Council of League of Arab States Resolution 465 [2009] „We confirm our solidarity with Sudan and reject our decision of the Pre-Trial Chamber to the International Criminal Court regarding the President of Sudan, Omar Hassan Ahmed Al-Bashir. We support our Brotherly Sudan in confronting anything aimed at damaging sovereignty, security, and national stability. We reject every action threatening the peace efforts undertaken by Qatar within the framework of the Arab-African Ministerial Committee and in coordination with the Joint Mediator to the UN and African Union. We confirm our support for these efforts in order to reach a peace settlement in Darfur”.”
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AL - Libyen The Council of the Arab league at the ministerial level in its extraordinary session held on 12 March 2011 at the headquarters of the General Secretariat in Cairo Decides 1.To call on the Security Council to bear its responsibilities towards the deteriorating situation in Libya, and to take the necessary measures to impose immediately a no-fly zone on Libyan military aviation, and to establish safe areas in places exposed to shelling as a precautionary measure that allows the protection of the Libyan people and foreign nationals residing in Libya, while respecting the sovereignty and territorial integrity of neighboring States, […]
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Arab League Resolution 7348
AL - Syrien Arab League Resolution 7348 Following the Development of the Situation in Syria the council of the Arab meeting at the ministerial level in its resumed extraordinary session on 27 November 2011 in Cairo, Decides: 1. To ban the travelling of top Syrian officials and figures to Arab countries as well as freezing their deposits in the Arab countries. The Executive Technical Committee (referred to in article 13 of this resolution) would be specifying the names of those officials and figures. 2. Stopping transactions with the Central Bank of Syria. 3. Stopping the governmental trade transactions with the Syrian government, with the exception of the strategic commodities that affect the Syrian people. 4. Freezing the financial assets of the Syrian government. […]
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