scholarly journals Métis-Crown Relations Through an International Treaty Lens

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Brenda Gunn ◽  
Bryn Rieger
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
16Th Century ◽  
International Treaties ◽  
International Treaty ◽  
Legal Principles ◽  
International Standing ◽  
The 19Th Century ◽  
Manitoba Act ◽  
International Character

From 16th century, through until the 19th century, European nations signed many treaties with Indigenous peoples based on mutual understandings, grounded in both European and Indigenous legal principles, recognizing Indigenous peoples’ sovereignty and capacity to enter into Treaties. Despite this early international treaty-making context, there is often an assumption that Indigenous peoples lacked the international standing to conclude international treaties with other (European) nations. It is further assumed that Métis people never concluded treaties with the Crown. This article argues that the agreement that led to the passing of the Manitoba Act, 1870 meets the requirements for a valid treaty in international law, based on international law at the time. This article builds off growing literature that recognizes Indigenous-state treaties as international in character. Recognizing the international character of the agreement is critical to re-establishing the nation-to-nation relationship between Canada and Métis peoples.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

Stages of the formation of treaty law in the history of international law

2021 ◽  
pp. 90-95
Author(s):  
Marina Okladnaya ◽  
Anastasia Pererodova
Keyword(s):  
International Relations ◽  
International Law ◽  
Main Body ◽  
International Treaties ◽  
International Treaty ◽  
Treaty Law ◽  
History Of ◽  
The Law ◽  
History Of International Law ◽  
Historical Periods

Problem setting. An international treaty is an agreement between two or more subjects of international relations concerning the establishment, modification or termination of mutual rights and obligations. In modern time an international treaty is the universal and primary source of international law and, at the same time, the law of treaties as a branch of international law occupies a central place in this system. The role of the treaty is constantly increasing, so it is important to study how treaty law was formed in order to understand how it has changed over history, and what factors have influenced the formation of the main branch of international law. Analysis of recent researches and publications. The law of international treaties causes increased attention of lawyers to the study, research and analysis of its main aspects. Among the domestic and foreign scholars who have made a significant contribution to the study of the law of treaties can be distinguished such as V. Butkevich, Y. Brownlie, A. Talalaev, O. Merezhko, O. Nazarenko, F. Martens, V. Shurshalov, I. Lukashuk, O. Zadorozhniy and others. Target of research. Study of international treaty at different stages of formation of international law, analysis and comparison of forms, content, functions and significance of the treaty in different historical periods. Article’s main body. The article is devoted to the development and formation of the basic branch of international law – treaty law. It studies the stages of formation of the institute of treaty law during different periods of history, identifies the features of the treaty at each stage of formation. Conclusions and prospects for the development. The agreement is an important and necessary instrument of interaction and communication between people, it establishes ties between peoples and states, helps to resolve conflicts, that is why the signing of treaties is a significant mechanism for the regulation of human relations since ancient times. In this article we have traced how different historical periods influenced the formation of international treaty law, which events were of key importance for the development of international law in general. Throughout the history of international law, the treaty has undergone a number of transformations of its forms, types and procedures of conclusion. The treaty form of consolidation of international relations is the basis of stability and efficiency of the legal order in international law. At the present time, the law of international treaties is a self-sufficient, developed branch and system of international law. It is the key branch of international law with its institutions, low basic principles, and continues to develop rapidly and irreversibly.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 49 Turkey: Turkish Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Ekşi Nuray
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
International Treaty ◽  
Foreign Nationals ◽  
Procedural Law ◽  
Commercial Code ◽  
Turkish Commercial Code ◽  
The Hague ◽  
Nationality Law

This chapter explores Turkish perspectives on the Hague Principles. The content of Turkish Private International Law is highly comprehensive. In addition to choice of law and international procedural law, it also covers nationality law, as well as the law on foreign nationals. Private international law rules and issues regarding international procedural law are codified in Law No 5718 on Private International Law and Procedural Law (PILA), which has been in force since 2007. Besides the PILA, the Turkish Commercial Code contains conflict of laws rules regarding bills of exchange, checks, and promissory notes. According to Article 1(2) PILA, the application of international treaties ratified by Turkey takes priority over the application of PIL rules. Consequently, in each case, the court, before taking into account PILA’s Articles, has to determine whether any international treaty exists regarding international commercial contracts. If an international treaty exists, then it takes priority unless otherwise expressed in the treaty itself. For the time being, the Turkish Parliament has no intention to revise the PILA and supplement it with the Hague Principles.

Ambivalent Self-Determination

2021 ◽  
pp. 280-294
Author(s):  
Maria Cahill
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Self Determination ◽  
International Treaties ◽  
International Treaty ◽  
Atypical Case ◽  
Correct Procedure ◽  
The Eu

This chapter focuses on the interface between international law and Irish constitutionalism. Part I examines how Ireland achieved constitutional self-determination first on the basis of and then in violation of an international treaty. The remainder of the chapter concentrates on the place of international law within the framework provided by the 1937 Constitution. Part II highlights how constitutional law has, in general, required that international treaties may neither displace the content of the Constitution nor curtail the competences of the legislature or the courts; as such, it seeks to preserve self-determination as substantive constitutional integrity. Part III focuses on the atypical case of the EU, for which the concept of self-determination used is consciously ambivalent about substantive constitutional integrity, tolerating significant compromises as long as they are made using the correct procedure: in other words, self-determination is reconceived as procedural constitutional integrity.

An apple of discord: pre-trial procedure in international justice and in the jurisprudence of the EAEU Court

2021 ◽  
Vol 11 (2) ◽  
pp. 93-110
Author(s):  
Aleksei Ispolinov ◽  
Olga Kadysheva
Keyword(s):  
International Law ◽  
International Treaties ◽  
International Court Of Justice ◽  
International Treaty ◽  
International Courts ◽  
Eurasian Economic Union ◽  
Investment Arbitration ◽  
International Court ◽  
Prior Notification ◽  
Normative Significance

The present article assesses the approaches elaborated in the decisions of international courts and tribunals as well as in the doctrine of international law towards the legal value of pre-trial requirements. The role and significance of such requirements started to increase since almost in any case submitted to a court or arbitration the respondent states try firstly to question either jurisdiction of the court or tribunal in the specific case or admissibility of the claim. As a rule, such objections are based on allegations that the claimant failed to comply with pre-trial requirements such as direct negotiations or prior notification of the respondent about the claimant’s intention to submit the dispute for compulsory adjudication. Despite an absence of customary rule of international law about the necessity and precise content of such pre-trial requirements, international treaties stipulating compulsory dispute adjudication almost by default contain such pre-trial requirements of different kind and combination. Current jurisprudence of international courts and tribunals (International Court of Justice, Court of Eurasian Economic Union, and investment arbitration tribunals) dealing with such objections by the respondents reveals a lack of consensus in the treatment of pre-trial requirements either as jurisdictional or admissibility objections. The commentators also differ on assessment of the role and normative significance of pre-trial requirement. Nevertheless, the authors view such requirements as one of jurisdictional characteristics based on the consent of the states to limits their sovereignty by agreeing in advance in the applicable international treaty to submit any future disputes for compulsory adjudication subject to stipulated limitations and conditions, for instance, necessity for a claimant to follow certain pre-trial requirements. A claimant’s failure to follow such requirements should be considered as sufficient ground for a court or tribunal handling such claim, to declare a lack of its jurisdiction in the case and to refuse to consider the merits of the case.

EC Law and International Agreements of the Member States—An Ambivalent Relationship?

2007 ◽  
Vol 9 ◽  
pp. 387-440 ◽  
Author(s):  
Robert Schütze
Keyword(s):  
International Law ◽  
Legal Order ◽  
International Treaties ◽  
Member States ◽  
International Treaty ◽  
Court Of Justice ◽  
Treaty Of Rome ◽  
Ambivalent Relationship ◽  
Formed Part ◽  
Ec Law

The European Community (EC) was established in 1957 on the basis of an international treaty. The Treaty of Rome formed part of international law, though the Court of Justice was soon eager to emphasise that the ‘Community constitutes anew legal orderof international law’, and that:By contrast with ordinary international treaties, the E … C Treaty has created its own legal system which, on the entry into force, became an integral part of the legal systems of the Member States and which their Courts are bound to apply.

scholarly journals Analisis Vienna Convention 1969 Mengenai Ketentuan Pembatalan, Pengakhiran dan Penundaan Atas Suatu Perjanjian Internasional

2019 ◽  
Vol 6 (2) ◽  
pp. 108
Author(s):  
Fidelia Fidelia ◽  
Syahmin Awaludin Koni ◽  
Dedeng Zawawi
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
International Treaties ◽  
International Treaty ◽  
Differences Of Opinion ◽  
Binding Power

In the 1969 Vienna Convention on International Treaties, the provisions concerning the conditions for suspension, invalidity, termination of an international treaty turned out to contain provisions exceeding one third or 40 percent of the total number of the total Convention as many as 31 articles out of 85 articles starting from article 42 to article 72. where the provisions -these provisions have led to disputes and differences of opinion so that consensus is difficult to achieve at the time. This study aims to reveal the background or reasons why so many provisions regarding suspension, invalidity, and termination in the 1969 Vienna Convention are needed that can actually reduce the binding power of international treaties. This research is a normative juridical study, and is analytical descriptive. After careful research, it was found that the International Law Committee which formulated this convention had deliberately arranged it in such a way that it would cancel, terminate or suspend the implementation of an international treaty, no longer looking for reasons other than based on the reasons specified in The 1969 Vienna Convention.

scholarly journals Status of International Law In Indonesian National Law: Review of International Conventions in Indonesian Legal System

2017 ◽  
Author(s):  
Hamza Baharuddin ◽  
Achmad Zulfikar
Keyword(s):  
Social Sciences ◽  
International Law ◽  
Legal System ◽  
International Research ◽  
International Treaties ◽  
International Treaty ◽  
System P ◽  
Before And After ◽  
The Status ◽  
International Conventions

This manuscript is an Extended Abstract from the Abstract that has been presented in 2nd International Research Conference on Economics, Business and Social Sciences. This manuscript provides a simple overview of the status of international conventions as the part of international law. Several parts of the whole paper have been revealed which result comparing the three international treaties endorsed by the Indonesian government before and after the enactment of Law No. 24 of 2000 on the International Treaty. If you need more information related to this manuscript please contact the author.

scholarly journals FEDERAL STATE CLAUSE, TERRITORIAL UNITS CLAUSE AND FEDERAL RESERVATION — THE WAYS TO LIMIT INTERNATIONAL TREATY OBLIGATIONS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Борис Осминин ◽  
Boris Osminin
Keyword(s):  
International Law ◽  
Federal Government ◽  
Federal State ◽  
International Treaties ◽  
International Treaty ◽  
Federal States ◽  
Domestic Law

Federal states may encounter difficulties in applying international treaties on matters constitutionally committed to their constituent units. In such cases a federal state may not be able to join the treaty without some accommodation either by its constituent units or other parties to the treaty. There are certain methods by which these problems can be reduced: federal state clauses, territorial units clauses, and federalism reservations. Some treaties may include a federal state clause to the effect that limits the scope of treaty’s obligations to those that federal state’s government has constitutional authority to assume. Another solution is to include a territorial units clause where the treaty may apply to some of a state’s constituent units but not others. Several federal states have made reservations to limit their obligations to those areas of legislative jurisdiction that the federal government has assumed. On occasion, other states have objected to such reservations. Alternatively, a federal state may issue a federal declaration to explain how federalism affects its implementation of the treaty. Unitary states tend to resist the federal state clause and the territorial units clause because they create an imbalance between rights and obligations of the contracting federal and unitary states. Although such clauses are not popular with unitary states, they do make it that much easier for federations to become parties. Such clauses are a compromise between the interest of unitary and federal states. Domestic law provides no excuse for a failure to fully implement international treaty obligations. In international law, if the constituent units fail to comply, it is the federal government that is liable for the failure to properly implement the treaty.

5 Constitutional Legislative History and Treaties in the Russian Legal System

2020 ◽  
Author(s):  
Butler William E
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
International Treaties ◽  
Constitutional History ◽  
International Treaty ◽  
Legislative History ◽  
Final Version ◽  
System P ◽  
Russian Law

This chapter traces the international treaty within Russian constitutional history. It shows how the Soviet and post-Soviet formulations on treaties influenced the drafters of the 1993 Russian Federation Constitution. These drafters had reacted, favourably or unfavourably, in the myriad of draft constitutions which circulated in Russia from 1990 to the final version of 12 December 1993. The chapter considers several of these chronologically, with commentary on their respective sources and approach to drafting. It primarily concentrates on whether only ratified treaties should enjoy priority (if at all) and whether generally-recognized principles and norms of international law and international treaties of Russia are part of Russian law or part of the Russian legal system (if at all).

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