Dispute Settlement Under the Vienna Convention on Succession of States in Respect of Treaties

1979 ◽  
Vol 73 (3) ◽  
pp. 407-425 ◽  
Author(s):  
Roberto Lavalle V.
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Vienna Convention ◽  
The Subject ◽  
The United Nations ◽  
Settlement Of Disputes

The Vienna Convention on Succession of States in Respect of Treaties (the Convention), adopted on August 23, 1978, by the United Nations Conference on Succession of States in Respect of Treaties, contains five articles, numbered 41 to 45, forming part VI of the Convention, entitled “Settlement of Disputes.” As this title implies, those articles set forth methods and procedures to be applied for settling disputes relating to the interpretation and application of the Convention. They are complemented by an annex to the Convention, which specifies the modalities of a conciliation procedure that is the subject of Article 42.

scholarly journals Complementary Agreements and Compulsory Jurisdiction

2001 ◽  
Vol 95 (2) ◽  
pp. 277-312 ◽  
Author(s):  
Bernard H. Oxman
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Compulsory Arbitration ◽  
The United Nations ◽  
Settlement Of Disputes ◽  
Bilateral Treaties

Since the founding of the United Nations, the number of treaties and the matters they address have expanded vastly. It is increasingly common to find the same subjects addressed in complementary global, regional, and bilateral treaties. Many of these treaties contain provisions on the settlement of disputes regarding the interpretation or application of that treaty itself. Only some of those provisions establish compulsoryjurisdiction. These circumstances suggest an increasing probability that a dispute will arise between states under the substantive provisions of two complementary treaties with dispute settlement clauses, only one of which provides for compulsory arbitration or adjudication either in general or with respect to that dispute.

Quantitative Content Analysis of the United Nations Seabed Debate: Methodology and a Continental Shelf Case Study

1970 ◽  
Vol 24 (3) ◽  
pp. 479-502 ◽  
Author(s):  
R. L. Friedheim ◽  
J. B. Kadane
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Ad Hoc ◽  
Mineral Resources ◽  
Outer Edge ◽  
General Assembly ◽  
Wide Range ◽  
The Subject ◽  
The United Nations

International arrangements for the uses of the ocean have been the subject of long debate within the United Nations since a speech made by Ambassador Arvid Pardo of Malta before the General Assembly in 1967. Issues in question include the method of delimiting the outer edge of the legal continental shelf; the spectrum of ocean arms control possibilities; proposals to create a declaration of principles governing the exploration for, and the exploitation of, seabed mineral resources with the promise that exploitation take place only if it “benefits mankind as a whole,” especially the developing states; and consideration of schemes to create international machinery to regulate, license, or own the resources of the seabed and subsoil. The discussions and debates began in the First (Political and Security) Committee of the 22nd General Assembly and proceeded through an ad hoc committee to the 23rd and 24th assembly plenary sessions. The creation of a permanent committee on the seabed as a part of the General Assembly's machinery attests to the importance members of the United Nations attribute to ocean problems. Having established the committee, they will be faced soon with the necessity of reaching decisions. The 24th General Assembly, for example, passed a resolution requesting the Secretary-General to ascertain members' attitudes on the convening of a new international conference to deal with a wide range of law of the sea problems.

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.

Part IV Access to Protection and International Responsibility-Sharing, Ch.29 Smuggling of Migrants and Refugees

2021 ◽  
Author(s):  
Schloenhardt Andreas
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Law ◽  
The Subject ◽  
International Responsibility ◽  
The United Nations ◽  
International Refugee Law

This chapter focuses on the smuggling of migrants in the context of refugee movements, and examines the scope and application of international law pertaining to these phenomena. The principal binding global instrument on this topic is the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air which, on the surface, coexists alongside international refugee law in situations where smuggled migrants are seeking asylum. Although the Smuggling of Migrants Protocol expressly recognizes the protection afforded to refugees under international law, its interpretation, operation, and implementation often run into conflict with the Refugee Convention. All too frequently, measures to prevent and combat the smuggling of migrants focus exclusively on law enforcement, criminal justice, and restrictive border measures without recognizing the rights of refugees, asylum seekers, and smuggled migrants, which are the subject of this chapter.

scholarly journals Remarks by Natalie Y. Morris-Sharma

2018 ◽  
Vol 112 ◽  
pp. 198-200
Author(s):  
Natalie Y. Morris-Sharma
Keyword(s):  
International Trade ◽  
United Nations ◽  
Dispute Settlement ◽  
Trade Law ◽  
International Trade Law ◽  
The United Nations

These remarks approach the panel topic of investor-state dispute settlement (ISDS) at the crossroads, by reflecting on the ongoing discussions on ISDS reform that are taking place at the United Nations Commission on International Trade Law (UNCITRAL). There are three sets of factors likely to inform how ISDS is being transformed.

United States Interests in the Law of the Sea Convention

1994 ◽  
Vol 88 (1) ◽  
pp. 167-178 ◽  
Author(s):  
Keyword(s):  
United States ◽  
United Nations ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Basic Principles ◽  
Multilateral Negotiations ◽  
The Third ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

In 1982 the Third United Nations Conference on the Law of the Sea adopted a treaty, the United Nations Convention on the Law of the Sea, that succeeded in resolving the most fundamental questions of the law of the sea in accordance with three basic principles: 1.The rules of the law of the sea must fairly balance the respective interests of all states, notably the competing coastal and maritime interests, in a manner that is generally acceptable.2.Multilateral negotiations on the basis of consensus replace unilateral claims of right as the principal means for determining that balance.3.Compulsory dispute settlement mechanisms should be adopted to interpret, apply, and enforce the balance.

International Organization: Julius Stone: Conflict Through Consensus: United Nations Approaches to Aggression. N. M. Tripathi Pvt. Ltd., 1977, x, 234 p. Rs. 95.

1980 ◽  
Vol 36 (3-4) ◽  
pp. 406-417
Keyword(s):  
Social Justice ◽  
United Nations ◽  
International Monetary Fund ◽  
Dispute Settlement ◽  
International Organization ◽  
International Labour Organisation ◽  
De Vries ◽  
The United Nations ◽  
The International Monetary Fund ◽  
Labour Organisation

INTERNATIONAL ORGANIZATION: JULIUS STONE: Conflict Through Consensus: United Nations Approaches to Aggression. INTERNATIONAL ORGANIZATION: K. VENKATA RAMAN Ed.: Dispute Settlement Through the United Nations. INTERNATIONAL ORGANIZATION: MARGARET GARRITSEN DE VRIES, Ed.: The International Monetary Fund 1966–1971: Vol I: Narrative, (xxii) 693p.; Vol II: Documents, viii, 339p. INTERNATIONAL ORGANIZATION: S.N. DHYANI: International Labour Organisation and India: In Pursuit of Social Justice. INTERNATIONAL ORGANIZATION: INDAR JIT RIKHYE: The Sinai Blunder: Withdrawal of United Nations Emergency Force Leading to the Six-day June War 1967.

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