PRINCIPLES OF INTERNATIONAL LAW

Size: px
Start display at page:

Download "PRINCIPLES OF INTERNATIONAL LAW"

Transcription

1 RIR6007/RIO7009, 2. Nov PRINCIPLES OF INTERNATIONAL LAW 1 Sovereignty Equality Consent Duty of States to co-operate Non-intervention Settlement of international disputes by peaceful means Prohibition of threat or use of force Right to self-defence Respect for human rights Equal rights and self-determination of peoples Reciprocity Literature: Guzman The whole book Anghie 48-52, , , Malanczuk th edn., alternatively 7th edn. 32, 1-8, 9-34 Brownlie , /Kiviorg jt /

2 2 Pursuant to Article 38 (1) of the Statute of the International Court of Justice, the general principles of law recognized by civilized nations constitute a source of international law. Article 38: 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting States; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. 2. This provision shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto. Principles of international law are considered that important that their existence is recognized by every major legal system.

3 3 Distinguished are: sovereignty of the peoples; State sovereignty. I SOVEREIGNTY Sovereignty of the peoples: The Charter of the UN begins with the words: We the peoples of the United Nations determined thus, the Charter of the UN refers to sovereignty of the peoples. State sovereignty: Corfu Channel case (The United Kingdom vs. Albania) the first case registered in the Register of the ICJ (not the PCIJ!) of 22 May 1947, judgment of the year The case concerns almost all principles of international law, perhaps except international treaty law and its principles. Parties of the case: The United Kingdom and Albania. x Characteristics of State sovereignty Immunities and other limits to sovereignty

4 4 II EQUALITY Article 2 (1) of the Charter of the UN: The Organization is based on the principle of the sovereign equality of all its Members discuss the Article in the light of the veto-system in the UN! III CONSENT All legal constraints on States must be approved by States a State is only bound by the obligations it consents to. The International Court of Justice has explained that international law flows out of the free will of sovereign States. Jan Klabbers is of opinion that it should not be presumed that constraints of that principle are allowed. Nevertheless, according to such theory, international law is permissive law, which means that as long as not forbidden things are permitted, that in turn contravenes the idea in the case LOTUS. QUESTION: What is the consequence if a State refuses to give its consent or does not consent any more?

5 5 IV DUTY OF STATES TO CO-OPERATE The duty of States to co-operate with one another inter alia means internationalization of waterways. Co-operation is also required by technical and commercial developments. The duty to co-operate can be seen, for instance, in co-operation within international organizations. V NON-INTERVENTION The principle means (Merilin Kiviorg): 1) prohibition of the threat or use of force; 2) international co-operation; 3) development of international human rights. The principle first and foremost prohibits the threat and use of force. International law has not developed a general rule prohibiting the use of other means of intervention (for instance, economic sanctions, boycott, political destabilization, propaganda, agitation, influencing international financial institutions, etc.). If the aim of an interference is to harm a State s sovereign rights and to benefit from that this may be contrary to the principle of noninterference.

6 6 VI SETTLEMENT OF INTERNATIONAL DISPUTES BY PEACEFUL MEANS Article 2 (3) of the Charter of the UN: All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. This principle has grown out of international customary law and thus applies toward all States. The means of pacific settlement of disputes are written to Article 33 of the Charter of the UN as follows: negotiations; enquiry; mediation; conciliation; arbitration (ad hoc and permanent); judicial settlement. The list is not closed.

7 7 VII PROHIBITION OF THREAT OR USE OF FORCE Article 2 (4) of the Charter of the UN: All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. According to M. Kiviorg and P. Malanczuk: the general prohibition of the threat or use of force became the general principle of international law after the II World War. The principle has acquired the status of international customary law and is binding also to the States not Members of the UN. Consequently, the norm may be classified as ius cogens norm that is an absolute prohibition and allows exceptions only under certain determined circumstances. VIII RIGHT TO DELF-DEFENCE Article 51 of the Charter of the UN: Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

8 8 Conditions of self-defence: 1) If an armed attack occurs; 2) The attack is addressed against a Member of the UN (=State); 3) The attack is armed; 4) Self-defence must be proportional compared to attack: 5) Co-operation with the Security Council of the UN. IX RESPECT FOR HUMAN RIGHTS The real career of human rights in Europe started after the II World War. Council of Europe European Convention on Human Rights European Court of Human Rights X EQUAL RIGHTS AND SELF-DETERMINATION OF PEOPLES Article 1 (2) of the Charter of the UN: To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.

9 9 XI RECIPROCITY The subjects of international law mutually respect certain rights or obligations. Non-fulfilment by one subject of an obligation is the basis for non-fulfilment of another subject. x Those above are not the only principles of international law, but recognized are also: general principles of law; principles of law related to particular areas, for instance, principles of international treaty law (for instance, pacta sunt servanda; rebus sic stantibus, etc.), principles of administration of law (fairness, principle of legal expectations, res inter alios acta, etc.), etc. Main differences between international law and State law (Jan Klabbers, but double translation): 1) much politics in international law; 2) enforcement of international law is problematic; 3) absence of the ultimate legislator; 4) absence of international police; 5) absence of such sanctions that could be there; 6) jurisdiction of international adjudicators is not obligatory, but depends on States consent. (See also Peter Malanczuk, pp. 3-5)

10 10 WHY INTERNATIONAL LAW STILL WORKS? (Jan Klabbers, but double translation, and influence of Benedict Kingsbury): 1) States are free to obey; 2) societal pressure on States; 3) bureaucratic inertia; 4) high degree of involvement and influence of States (so called Foreign Office model in international law); 5) principle of reciprocity; 6) high degree of (legal)politics.

Sources of International Law: An Introduction. Professor Christopher Greenwood

Sources of International Law: An Introduction. Professor Christopher Greenwood Sources of International Law: An Introduction by Professor Christopher Greenwood 1. Introduction Where does international law come from and how is it made? These are more difficult questions than one might

More information

Vienna Convention on Succession of States in respect of Treaties

Vienna Convention on Succession of States in respect of Treaties Vienna Convention on Succession of States in respect of Treaties 1978 Done at Vienna on 23 August 1978. Entered into force on 6 November 1996. United Nations, Treaty Series, vol. 1946, p. 3 Copyright United

More information

Vienna Convention on Succession of States in respect of State Property, Archives and Debts 1983

Vienna Convention on Succession of States in respect of State Property, Archives and Debts 1983 Vienna Convention on Succession of States in respect of State Property, Archives and Debts 1983 Done at Vienna on 8 April 1983. Not yet in force. See Official Records of the United Nations Conference on

More information

Principles in IEL. Christina Voigt International Environmental Law

Principles in IEL. Christina Voigt International Environmental Law Principles in IEL Christina Voigt International Environmental Law What are Principles? Norms of general application Do not necessitate an outcome/decision/action Must be taken into account as a consideration

More information

Vienna Convention on the Law of Treaties 1969

Vienna Convention on the Law of Treaties 1969 Vienna Convention on the Law of Treaties 1969 Done at Vienna on 23 May 1969. Entered into force on 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331 Copyright United Nations 2005 Vienna

More information

Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986

Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986 Done at Vienna on 21 March 1986. Not yet in force. See Official Records

More information

General Assembly. United Nations A/CONF.217/CRP.1. The draft of the Arms Trade Treaty

General Assembly. United Nations A/CONF.217/CRP.1. The draft of the Arms Trade Treaty United Nations A/CONF.217/CRP.1 General Assembly Distr.: General 26 July 2012 Original: English United Nations Conference on the Arms Trade Treaty New York, 2-27 July 2012 The draft of the Arms Trade Treaty

More information

The Arms Trade Treaty

The Arms Trade Treaty United Nations The Arms Trade Treaty Preamble The States Parties to this Treaty, Guided by the purposes and principles of the Charter of the United Nations, Recalling Article 26 of the Charter of the United

More information

CHARTER OF THE UNITED NATIONS

CHARTER OF THE UNITED NATIONS CHARTER OF THE UNITED NATIONS TABLE OF CONTENTS Introductory Note Preamble Chapter I Purposes and Principles (Articles 1-2) Chapter II Membership (Articles 3-6) Chapter III Organs (Articles 7-8) Chapter

More information

CHAPTER NINE DISPUTES SETTLEMENT ARTICLE 187 Scope of the Chapter The provisions of this Chapter shall apply to the settlement of disputes concerning

CHAPTER NINE DISPUTES SETTLEMENT ARTICLE 187 Scope of the Chapter The provisions of this Chapter shall apply to the settlement of disputes concerning CHAPTER NINE DISPUTES SETTLEMENT ARTICLE 187 Scope of the Chapter The provisions of this Chapter shall apply to the settlement of disputes concerning the interpretation and application of the Treaty, including:

More information

No. 2012/7 3 February 2012. Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening)

No. 2012/7 3 February 2012. Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) INTERNATIONAL COURT OF JUSTICE Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website: www.icj-cij.org Press Release Unofficial No. 2012/7

More information

United Nations Convention on Jurisdictional Immunities of States and Their Property

United Nations Convention on Jurisdictional Immunities of States and Their Property United Nations Convention on Jurisdictional Immunities of States and Their Property The States Parties to the present Convention, Considering that the jurisdictional immunities of States and their property

More information

Lex Mercatoria as Substantive Law in International Commercial Mediation

Lex Mercatoria as Substantive Law in International Commercial Mediation Lex Mercatoria as Substantive Law in International Commercial Mediation Prof. Dr. Filali OSMAN* SUMMARY The mediation intends to encourage amicable dispute resolution in international contracts. We know

More information

PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES BETWEEN TWO STATES

PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES BETWEEN TWO STATES PERMANENT COURT OF ARBITRATION OPTIONAL RULES FOR ARBITRATING DISPUTES BETWEEN TWO STATES 39 OPTIONAL ARBITRATION RULES TWO STATES CONTENTS Introduction 43 Section I. Introductory Rules 45 Scope of Application

More information

UNDP GENERAL CONDITIONS FOR PURCHASE ORDERS

UNDP GENERAL CONDITIONS FOR PURCHASE ORDERS UNDP GENERAL CONDITIONS FOR PURCHASE ORDERS A. ACCEPTANCE OF THE PURCHASE ORDER This Purchase Order may only be accepted by the Supplier's signing and returning an acknowledgement copy of it or by timely

More information

MEMORANDUM OF UNDERSTANDING BETWEEN THE INDONESIAN NATIONAL POLICE AND THE MINISTRY OF THE INTERIOR AND KINGDOM RELATIONS OF THE NETHERLANDS REGARDING

MEMORANDUM OF UNDERSTANDING BETWEEN THE INDONESIAN NATIONAL POLICE AND THE MINISTRY OF THE INTERIOR AND KINGDOM RELATIONS OF THE NETHERLANDS REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN THE INDONESIAN NATIONAL POLICE AND THE MINISTRY OF THE INTERIOR AND KINGDOM RELATIONS OF THE NETHERLANDS REGARDING EDUCATION AND TRAINING COOPERATION The Indonesian

More information

AGREEMENT. ARTICLE 1 Definitions

AGREEMENT. ARTICLE 1 Definitions AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS The Government

More information

MODEL STANDARDS OF CONDUCT

MODEL STANDARDS OF CONDUCT MODEL STANDARDS OF CONDUCT FOR MEDIATORS AMERICAN ARBITRATION ASSOCIATION (ADOPTED SEPTEMBER 8, 2005) AMERICAN BAR ASSOCIATION (APPROVED BY THE ABA HOUSE OF DELEGATES AUGUST 9, 2005) ASSOCIATION FOR CONFLICT

More information

United Nations Convention on Jurisdictional Immunities of States and Their Property 2004

United Nations Convention on Jurisdictional Immunities of States and Their Property 2004 United Nations Convention on Jurisdictional Immunities of States and Their Property 2004 Adopted by the General Assembly of the United Nations on 2 December 2004. Not yet in force. See General Assembly

More information

CLAIMS SETTLEMENT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF IRAQ ARTICLE I

CLAIMS SETTLEMENT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF IRAQ ARTICLE I CLAIMS SETTLEMENT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF IRAQ The Government of the United States of America and the Government of the Republic

More information

INTERNATIONAL LAW FOR INTERNATIONAL RELATIONS

INTERNATIONAL LAW FOR INTERNATIONAL RELATIONS SUB Hamburg B/101060 INTERNATIONAL LAW FOR INTERNATIONAL RELATIONS Edited by Ba ak OXFORD UNIVERSITY PRESS Contents Summary Guided tour of Learning Features Guided tour of the Online Resource Centre Contributors

More information

Draft resolution submitted by the President of the General Assembly

Draft resolution submitted by the President of the General Assembly United Nations A/67/L.1* General Assembly Distr.: Limited 19 September 2012 Original: English Sixty-seventh session Agenda item 83 The rule of law at the national and international levels Draft resolution

More information

AGREEMENT BETWEEN THE GOVERNMENT OF NEPAL AND THE GOVERNMENT OF INDIA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF NEPAL AND THE GOVERNMENT OF INDIA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS AGREEMENT BETWEEN THE GOVERNMENT OF NEPAL AND THE GOVERNMENT OF INDIA FOR THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of Nepal and the Government of India (hereinafter referred to as the

More information

CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAWS THE HAGUE - 12 APRIL 1930

CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAWS THE HAGUE - 12 APRIL 1930 CONVENTION ON CERTAIN QUESTIONS RELATING TO THE CONFLICT OF NATIONALITY LAWS THE HAGUE - 12 APRIL 1930 CONSIDERING that it is of importance to settle by international agreement questions relating to the

More information

PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY. PREAMBLE

PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY. PREAMBLE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY. PREAMBLE The States Parties to this Protocol to the Antarctic Treaty, hereinafter referred to as the Parties, Convinced of the need to enhance

More information

The North Atlantic Treaty (1949)

The North Atlantic Treaty (1949) The North Atlantic Treaty (1949) Washington D.C. - 4 April 1949 The Parties to this Treaty reaffirm their faith in the purposes and principles of the Charter of the United Nations and their desire to live

More information

THE UNITED NATIONS. GVT. 468/668 Instructor: Luise Druke, Ph.D. Presenters: Ksenia Yakustidi Vicky Dhima

THE UNITED NATIONS. GVT. 468/668 Instructor: Luise Druke, Ph.D. Presenters: Ksenia Yakustidi Vicky Dhima THE UNITED NATIONS GVT. 468/668 Instructor: Luise Druke, Ph.D. Presenters: Ksenia Yakustidi Vicky Dhima Overview The United Nations is an inter-governmental/ international organization founded in 1945

More information

Model Standards of Practice for Family and Divorce Mediation

Model Standards of Practice for Family and Divorce Mediation Association of Family and Conciliation Courts Model Standards of Practice for Family and Divorce Mediation 2000 Association of Family and Conciliation Courts Model Standards of Practice for Family and

More information

Summary. Outline of the thesis

Summary. Outline of the thesis Summary International Criminal Court and United Nations Security Council. The Role of the Security Council in the Prosecution of International Crimes by the International Criminal Court Outline of the

More information

The Government of Republic of India and the Government of The Republic of Cyprus (hereinafter referred to as the Contracting Parties );

The Government of Republic of India and the Government of The Republic of Cyprus (hereinafter referred to as the Contracting Parties ); AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF REPUBLIC OF CYPRUS FOR THE MUTUAL PROMOTION AND PROTECTION OF INVESTMENTS The Government of Republic of India and the Government

More information

Peace Operations and the United Nations

Peace Operations and the United Nations Peace Operations and the United Nations Professor David F. Davis Director, Peace Operations Policy Program () School of Public Policy (703) 993-1703 ddavis@gmu.edu http://popp.gmu.edu Topics The establishment

More information

Dispute resolution issues when investing in emerging markets

Dispute resolution issues when investing in emerging markets Emerging Markets Seminar Series 29 September 2011 Peter Rees QC Jason Yardley Julia Zagonek Dispute Resolution Issues in Emerging Markets Choice of governing law Litigation v. arbitration Enforcement Issues

More information

Information which may be refused (with reference to the Part 2 of Code on access

Information which may be refused (with reference to the Part 2 of Code on access Information which may be refused (with reference to the Part 2 of Code on access to Information of the Government published in Feb 2009) CC may refuse to disclose information, or may refuse to confirm

More information

DESIRING to intensify economic cooperation between both States;

DESIRING to intensify economic cooperation between both States; AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO AND THE GOVERNMENT OF THE REPUBLIC OF CUBA ON THE RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Republic

More information

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA AND THE GOVERNMENT OF THE STATE OF ERITREA

AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA AND THE GOVERNMENT OF THE STATE OF ERITREA AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA AND THE GOVERNMENT OF THE STATE OF ERITREA The Government of the Federal Democratic Republic of Ethiopia and the Government

More information

AGREEMENT BETWEEN THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF ON THE PROMOTION AND PROTECTION OF INVESTMENTS

AGREEMENT BETWEEN THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF ON THE PROMOTION AND PROTECTION OF INVESTMENTS AGREEMENT BETWEEN THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE GOVERNMENT OF ON THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Italian Republic and the Government of the..., hereafter

More information

Each Canton shall, in carrying out its responsibilities as described in Articles III.2 and 4 of this Constitution:

Each Canton shall, in carrying out its responsibilities as described in Articles III.2 and 4 of this Constitution: CONSTITUTION OF THE FEDERATION OF BOSNIA AND HERZEGOVINA [PART 3] V. THE CANTONAL GOVERNMENTS 1. General Provisions Article 1 Each Canton shall, in carrying out its responsibilities as described in Articles

More information

41/128.Declaration on the Right to Development

41/128.Declaration on the Right to Development 41/128.Declaration on the Right to Development The General Assembly, Bearing in mind the purposes and principles of the Charter of the United Nations relating to the achievement of international co-operation

More information

AUSTRALIAN DECLARATION UNDER PARAGRAPH 2 OF ARTICLE 36 OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE 1945, LODGED AT NEW YORK ON 22 MARCH 2002.

AUSTRALIAN DECLARATION UNDER PARAGRAPH 2 OF ARTICLE 36 OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE 1945, LODGED AT NEW YORK ON 22 MARCH 2002. AUSTRALIAN DECLARATION UNDER PARAGRAPH 2 OF ARTICLE 36 OF THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE 1945, LODGED AT NEW YORK ON 22 MARCH 2002. Documents tabled on 18 June 2002: - National Interest

More information

The Code of Ethics for Arbitrators in Commercial Disputes

The Code of Ethics for Arbitrators in Commercial Disputes The Code of Ethics for Arbitrators in Commercial Disputes Approved by the American Bar Association House of Delegates on February 9, 2004 Approved by the Executive Committee of the Board of Directors of

More information

BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL

BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL PROTOCOL ON LIABILITY AND COMPENSATION FOR DAMAGE RESULTING FROM TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES

More information

Ukraine. Taras Dumych. Wolf Theiss Kiev. taras.dumych@wolftheiss.com Law firm bio. Olena Kravtsova. Wolf Theiss Kiev

Ukraine. Taras Dumych. Wolf Theiss Kiev. taras.dumych@wolftheiss.com Law firm bio. Olena Kravtsova. Wolf Theiss Kiev Ukraine Taras Dumych Wolf Theiss Kiev taras.dumych@wolftheiss.com Law firm bio Olena Kravtsova Wolf Theiss Kiev olena.kravtsova@wolftheiss.com Law firm bio 1. What are the current challenges to enforcement

More information

ARTICLE 1 Definitions

ARTICLE 1 Definitions AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM FOR THE PROMOTION AND PROTECTION OF INVESTMENTS The Government of the Republic of India

More information

ABC of International Law

ABC of International Law ABC of International Law ABC of International Law 1 Contents Introduction 3 Glossary 10 Annex 40 Three prominent Swiss persons who have influenced international law Illustrations in the brochure: International

More information

ENSURING PROTECTION - EUROPEAN UNION GUIDELINES ON HUMAN RIGHTS DEFENDERS

ENSURING PROTECTION - EUROPEAN UNION GUIDELINES ON HUMAN RIGHTS DEFENDERS SURING PROTECTION - EUROPEAN UNION GUIDELINES ON HUMAN RIGHTS DEFDERS I. PURPOSE 1. Support for human rights defenders is already a long established element of the European Union s human rights external

More information

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December

More information

Vienna, 21 March 1986

Vienna, 21 March 1986 .. NOT YET IN FORCE 3. VIENNA CONVENTION ON THE LAW OF TREATIES BETWEEN STATES AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS Vienna, 21 March 1986 see article 85 which reads as

More information

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT [ ENGLISH TEXT TEXTE ANGLAIS ] OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT The States Parties to the present Protocol, Encouraged by

More information

The Protocol to Eliminate Illicit Trade in Tobacco Products: an overview

The Protocol to Eliminate Illicit Trade in Tobacco Products: an overview The Protocol to Eliminate Illicit Trade in Tobacco Products: an overview Background The Protocol to Eliminate Illicit Trade in Tobacco Products is an international treaty with the objective of eliminating

More information

EXPERT RULES PROPOSAL OF EXPERTS AND NEUTRALS APPOINTMENT OF EXPERTS AND NEUTRALS ADMINISTRATION OF EXPERT PROCEEDINGS

EXPERT RULES PROPOSAL OF EXPERTS AND NEUTRALS APPOINTMENT OF EXPERTS AND NEUTRALS ADMINISTRATION OF EXPERT PROCEEDINGS EXPERT RULES PROPOSAL OF EXPERTS AND NEUTRALS APPOINTMENT OF EXPERTS AND NEUTRALS ADMINISTRATION OF EXPERT PROCEEDINGS EXPERT RULES PROPOSAL OF EXPERTS AND NEUTRALS APPOINTMENT OF EXPERTS AND NEUTRALS

More information

Folkerett 2. Folkerettens metode. Professor Dr. Christina Voigt

Folkerett 2. Folkerettens metode. Professor Dr. Christina Voigt Folkerett 2. Folkerettens metode Professor Dr. Christina Voigt Folkerettens metode ICJ statutt artikkel 38 Rettskilder og rettskildefaktorer Hierarki blant rettskilder? Traktater Hva er en traktat? Kategorier

More information

STATE OF NEW JERSEY. SENATE, No. 2216. 214th LEGISLATURE. Sponsored by: Senator LORETTA WEINBERG District 37 (Bergen)

STATE OF NEW JERSEY. SENATE, No. 2216. 214th LEGISLATURE. Sponsored by: Senator LORETTA WEINBERG District 37 (Bergen) SENATE, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED AUGUST, 0 Sponsored by: Senator LORETTA WEINBERG District (Bergen) SYNOPSIS Enters New Jersey in Nurse Multistate Licensure Compact. CURRENT VERSION

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY. [on the report of the Third Committee (A/53/625/Add.2)]

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY. [on the report of the Third Committee (A/53/625/Add.2)] UNITED NATIONS A General Assembly Distr. GENERAL A/RES/53/144 8 March 1999 Fifty-third session Agenda item 110 (b) RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Third Committee (A/53/625/Add.2)]

More information

PUBLIC SERVICE ACT 2005. An Act to make provision in respect of the public service of Lesotho and for related matters. PART I - PRELIMINARY

PUBLIC SERVICE ACT 2005. An Act to make provision in respect of the public service of Lesotho and for related matters. PART I - PRELIMINARY PUBLIC SERVICE ACT 2005 An Act to make provision in respect of the public service of Lesotho and for related matters. Enacted by the Parliament of Lesotho Short title and commencement PART I - PRELIMINARY

More information

FINAL ACT OF THE VIENNESE MINISTERIAL CONFERENCES (MAY 15, 1820)

FINAL ACT OF THE VIENNESE MINISTERIAL CONFERENCES (MAY 15, 1820) FINAL ACT OF THE VIENNESE MINISTERIAL CONFERENCES (MAY 15, 1820) The sovereign princes and free cities of Germany, mindful of the obligation they assumed upon founding the German Confederation to safeguard,

More information

ACT ON LIABILITY FOR NUCLEAR DAMAGE

ACT ON LIABILITY FOR NUCLEAR DAMAGE ACT ON LIABILITY FOR NUCLEAR DAMAGE Published in the Official Gazette of the Republic of Slovenia - International Treaties, No. 77/2010 UNOFFICIAL TRANSLATION I. GENERAL PROVISIONS Article 1 (Contents)

More information

CORPORATE OPPORTUNITIES IN MALTA.

CORPORATE OPPORTUNITIES IN MALTA. CORPORATE OPPORTUNITIES IN MALTA. Branches of Overseas Companies Under Maltese law an oversea company is a body corporate which is constituted or incorporated outside Malta. The Companies Act holds that

More information

Model Standards of Practice for Family and Divorce Mediation

Model Standards of Practice for Family and Divorce Mediation Model Standards of Practice for Family and Divorce Mediation Overview and Definitions Family and divorce mediation ("family mediation" or "mediation") is a process in which a mediator, an impartial third

More information

General Conditions for Professional Services

General Conditions for Professional Services General Conditions for Professional Services 1. LEGAL STATUS The Contractor shall be considered as having the legal status of an independent contractor vis-à-vis UNDP. The Contractor's personnel and sub-contractors

More information

CO-OPERATION AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE EUROPEAN POLICE OFFICE

CO-OPERATION AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE EUROPEAN POLICE OFFICE CO-OPERATION AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE EUROPEAN POLICE OFFICE Preamble The Government of Canada and the European Police Office (Europol), hereinafter referred to as the "Parties":

More information

(Dieses Übereinkommen wurde nur in englisch und französisch erstellt; bitte hier klicken für die deutsche Übersetzung.)

(Dieses Übereinkommen wurde nur in englisch und französisch erstellt; bitte hier klicken für die deutsche Übersetzung.) (Dieses Übereinkommen wurde nur in englisch und französisch erstellt; bitte hier klicken für die deutsche Übersetzung.) 20. CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS 1

More information

ICE CLEAR EUROPE LIMITED. - and - COMPANY NAME

ICE CLEAR EUROPE LIMITED. - and - COMPANY NAME Dated 20 ICE CLEAR EUROPE LIMITED - and - COMPANY NAME SPONSOR AGREEMENT LNDOCS01/795343.7 TABLE OF CONTENTS Clause Page PURPOSE OF THE AGREEMENT... 3 1. INTERPRETATION... 3 2. OBLIGATIONS OF THE COMPANY...

More information

Treaty Series No. 17 (2001) Agreement

Treaty Series No. 17 (2001) Agreement The Agreement was previously published as El Salvador No. 1 (2000) Cm 482 INVESTMENT PROMOTION Treaty Series No. 17 (2001) Agreement between the Government of the United Kingdom of Great Britain and Northern

More information

Israel and Palestine. Current Issues of Public International Law Overview Statehood Westbank Gaza Jerusalem and Golan-heights Iran

Israel and Palestine. Current Issues of Public International Law Overview Statehood Westbank Gaza Jerusalem and Golan-heights Iran Dr. Robert Frau 2015 Current Issues of Public International Law Overview Statehood Westbank Gaza Jerusalem and Golan-heights Iran Dr. Robert Frau, 2015, S. 2 Israel Territory People Power Dr. Robert Frau,

More information

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1

SAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1 Professional Indemnity Insurance (PII) Policy 2015/16 Lawcover Insurance Pty Limited ABN 15 095 082 509 Level 13, 383 Kent Street Sydney NSW 2000 DX 13013 Sydney Market Street Telephone: 1800 650 748 (02)

More information

Agreement between the Swiss Federal Council and the Bank for International Settlements to determine the Bank s legal status in Switzerland

Agreement between the Swiss Federal Council and the Bank for International Settlements to determine the Bank s legal status in Switzerland Agreement between the Swiss Federal Council and the Bank for International Settlements to determine the Bank s legal status in Switzerland (of 10 February 1987; text as amended effective 1 January 2003

More information

The Perils Of Taking Discovery To France

The Perils Of Taking Discovery To France The Perils Of Taking Discovery To France Laurent Martinet, a partner in the Paris office of international law firm Jones Day and a lecturer in law and economics at the Institute of Political Studies of

More information

Considering the Universal Declaration of Human Rights proclaimed by the United Nations General Assembly on 10 December 1948;

Considering the Universal Declaration of Human Rights proclaimed by the United Nations General Assembly on 10 December 1948; Draft Statute of the International Environmental Agency and the International Court of the Environment presented at the UNCED Conference in Rio de Janeiro, June 1992 The States Parties to this Convention

More information

Dear Delegates, It is a pleasure to welcome you to the 2014 Montessori Model United Nations Conference.

Dear Delegates, It is a pleasure to welcome you to the 2014 Montessori Model United Nations Conference. Dear Delegates, It is a pleasure to welcome you to the 2014 Montessori Model United Nations Conference. The following pages intend to guide you in the research of the topics that will be debated at MMUN

More information

Vienna Convention on Diplomatic Relations and Optional Protocols

Vienna Convention on Diplomatic Relations and Optional Protocols Vienna Convention on Diplomatic Relations and Optional Protocols DONE AT VIENNA, ON 18 APRIL 1961 The States Parties to the present Convention, Recalling that peoples of all nations from ancient times

More information

SETTLEMENT AGREEMENT

SETTLEMENT AGREEMENT Settlement Agreement File no: 200401 IN THE MATTER OF A SETTLEMENT HEARING PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA Re: Investors Group Financial Services

More information

INTERNATIONAL COOPERATION IN CRIMINAL MATTERS (Practical approach to certain issues which are not regulated by law and international treaties)

INTERNATIONAL COOPERATION IN CRIMINAL MATTERS (Practical approach to certain issues which are not regulated by law and international treaties) BOSNIA AND HERZEGOVINA REPUBLIKA SRPSKA Judicial and prosecutorial training center team INTERNATIONAL COOPERATION IN CRIMINAL MATTERS (Practical approach to certain issues which are not regulated by law

More information

National Interest Analysis [2014] ATNIA 22. with attachment on consultation

National Interest Analysis [2014] ATNIA 22. with attachment on consultation National Interest Analysis [2014] ATNIA 22 with attachment on consultation Agreement between the Government of Australia and the Government of India on Cooperation in the Peaceful Uses of Nuclear Energy

More information

Standard Conditions. for Grants Made by the. World Bank. Out of. Various Funds

Standard Conditions. for Grants Made by the. World Bank. Out of. Various Funds Standard Conditions for Grants Made by the World Bank Out of Various Funds Dated February 15, 2012 ARTICLE I Introductory Provisions Section 1.01. Application of Standard Conditions. These Standard Conditions

More information

235.1. Federal Act on Data Protection (FADP) Aim, Scope and Definitions

235.1. Federal Act on Data Protection (FADP) Aim, Scope and Definitions English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Federal Act on Data Protection (FADP) 235.1 of 19 June

More information

Advance copy of the authentic text. The copy certified by the Secretary-General will be issued at a later time.

Advance copy of the authentic text. The copy certified by the Secretary-General will be issued at a later time. PROTOCOL TO PREVENT, SUPPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN, SUPPLEMENTING THE UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME Advance copy of the authentic

More information

Marketers must: The Political, Legal, and Regulatory Environments of Global Marketing. Nation-States and Sovereignty. The Political Environment

Marketers must: The Political, Legal, and Regulatory Environments of Global Marketing. Nation-States and Sovereignty. The Political Environment Marketers must: The Political, Legal, and Regulatory Environments of Global Marketing Global Marketing Chapter 5 Attempt to comply with each nation s laws and regulations. Keep up with laws and regulations

More information

TREATY BETWEEN THE REPUBLIC OF SLOVENIA AND THE REPUBLIC OF CROATIA ON THE COMMON STATE BORDER

TREATY BETWEEN THE REPUBLIC OF SLOVENIA AND THE REPUBLIC OF CROATIA ON THE COMMON STATE BORDER TRANSLATION TREATY BETWEEN THE REPUBLIC OF SLOVENIA AND THE REPUBLIC OF CROATIA ON THE COMMON STATE BORDER The Republic of Slovenia and the Republic of Croatia (hereinafter referred to as "the Contracting

More information

ICC UNIFORM RULES FOR CONTRACT BONDS

ICC UNIFORM RULES FOR CONTRACT BONDS ICC UNIFORM RULES FOR CONTRACT BONDS issued as ICC publication No. 524, adopted by the ICC Executive Board on 23 April 1993, come into effect on 1 January 1994 Copyright 1993 International Chamber of Commerce.

More information

: : before this court (the Court Annexed Mediation Program ); and

: : before this court (the Court Annexed Mediation Program ); and UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In re: ADOPTION OF PROCEDURES GOVERNING : MEDIATION OF MATTERS AND THE

More information

DENMARK September 2014

DENMARK September 2014 Arbitration Guide IBA Arbitration Committee DENMARK September 2014 Jens Rostock-Jensen Sebastian Barrios Poulsen Kromann Reumert Sundkrogsgade 5 DK-2100 Copenhagen Denmark jrj@kromannreumert.com sbp@kromannreumert.com

More information

LIMITATIONS. The Limitations Act. being

LIMITATIONS. The Limitations Act. being 1 LIMITATIONS c. L-16.1 The Limitations Act being Chapter L-16.1* of The Statutes of Saskatchewan, 2004 (effective May 1, 2005), as amended by the Statutes of Saskatchewan, 2007, c.28. *NOTE: Pursuant

More information

ICSID CONVENTION, REGULATIONS AND RULES

ICSID CONVENTION, REGULATIONS AND RULES ICSID CONVENTION, REGULATIONS AND RULES International Centre for Settlement of Investment Disputes 1818 H Street, N.W. Washington, D.C. 20433, U.S.A. ICSID/15 April 2006. Not for resale. Summary Table

More information

COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A)

COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A) COMPUTER MISUSE AND CYBERSECURITY ACT (CHAPTER 50A) (Original Enactment: Act 19 of 1993) REVISED EDITION 2007 (31st July 2007) An Act to make provision for securing computer material against unauthorised

More information

The Government of the Islamic Republic of Iran and the Government of the. hereinafter referred to as the "Contracting Parties",

The Government of the Islamic Republic of Iran and the Government of the. hereinafter referred to as the Contracting Parties, International Investment Instruments: A Compendium IN THE NAME OF GOD AGREEMENT ON RECIPROCAL PROMOTION AND PROTECTION OF INVESTMENTS BETWEEN THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN AND THE GOVERNMENT

More information

LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA

LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA /unofficial translation/ LAW OF THE REPUBLIC OF GEORGIA ON CITIZENSHIP OF GEORGIA Citizenship is the stable legal relationship of a person with the state which is expressed in the totality of their mutual

More information

Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Convention on the Recognition and Enforcement of Foreign Arbitral Awards Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) UNITED NATIONS The United Nations Commission on International Trade Law (UNCITRAL) is a subsidiary body of the

More information

Republic of Argentina. Master Settlement Agreement. The Republic and the Holder agree as follows:

Republic of Argentina. Master Settlement Agreement. The Republic and the Holder agree as follows: Republic of Argentina Master Settlement Agreement This Master Settlement Agreement (the Agreement or the Settlement Agreement ) is dated as of April 5, 2016, and is made, in accordance with the terms of

More information

Annex 1 Primary sources for international standards

Annex 1 Primary sources for international standards Annex 1 Primary sources for international standards 1. The United Nations The 1948 Universal Declaration of Human Rights Article 20 1. Everyone has the right to freedom of peaceful assembly and association.

More information

MEDIATION RULES OF THE COURT OF ARBITRATION AT THE POLISH CHAMBER OF COMMERCE

MEDIATION RULES OF THE COURT OF ARBITRATION AT THE POLISH CHAMBER OF COMMERCE MEDIATION RULES OF THE COURT OF ARBITRATION AT THE POLISH CHAMBER OF COMMERCE 1 Introductory provisions 1. Prior to commencement of proceedings before an arbitration court or common court, or during the

More information

AGREEMENT BETWEEN I THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF THE SUDAN FOR THE PROMOTION AN PROTECTION

AGREEMENT BETWEEN I THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF THE SUDAN FOR THE PROMOTION AN PROTECTION AGREEMENT BETWEEN I THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF THE SUDAN FOR THE PROMOTION AN PROTECTION OF IN VESTMENTS The Government of the Republic of India and the

More information

Customary International Law and the Law of the Sea in U.S. Courts

Customary International Law and the Law of the Sea in U.S. Courts Customary International Law and the Law of the Sea in U.S. Courts Presentation to the NOAA Law of the Sea Convention Working Group (5/24/11) Michael Socarras McDermott Will & Emery LLP Washington, D.C.

More information

IBA Guide on Shareholders Agreements

IBA Guide on Shareholders Agreements IBA Guide on Shareholders Agreements South Africa Edward Nathan Sonnenbergs Inc 1. Are shareholders agreements frequent in South Africa? Shareholders agreements are widely used in South Africa. The use

More information

Saudi Arabia: Agency and Distribution

Saudi Arabia: Agency and Distribution Saudi Arabia: Agency and Distribution Law Office of Howard L. Stovall In general, Saudi Arabian law does not prevent a multinational company from making off-shore export sales directly to customers in

More information

8. At all material times, the Respondent conducted business in the Scarborough, Ontario, area.

8. At all material times, the Respondent conducted business in the Scarborough, Ontario, area. Settlement Agreement File No. 201562 IN THE MATTER OF A SETTLEMENT HEARING PURSUANT TO SECTION 24.4 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA Re: Grant Wilson SETTLEMENT AGREEMENT

More information

OAU CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA

OAU CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA OAU CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA Adopted on 10 September 1969 by the Assembly of Heads of State and Government. CAB/LEG/24.3. It entered into force on 20 June

More information

Negotiated Relationship Agreement between the International Criminal Court and the United Nations. Preamble

Negotiated Relationship Agreement between the International Criminal Court and the United Nations. Preamble Negotiated Relationship Agreement between the International Criminal Court and the United Nations Preamble The International Criminal Court and the United Nations, Bearing in mind the Purposes and Principles

More information

CHAPTER 340. Article I. Findings and Statement of Purpose.

CHAPTER 340. Article I. Findings and Statement of Purpose. CHAPTER 340 AN ACT concerning the Nurse Multistate Licensure Compact and supplementing Title 45 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.45:11A-1

More information

CHAPTER 360 EXCHANGE CONTROL REGULATIONS EXCHANGE CONTROL REGULATIONS ARRANGEMENT OF REGULATIONS

CHAPTER 360 EXCHANGE CONTROL REGULATIONS EXCHANGE CONTROL REGULATIONS ARRANGEMENT OF REGULATIONS CH.360 2] CHAPTER 360 ARRANGEMENT OF REGULATIONS 1. Dealings in gold and foreign currency. 2. Surrender of gold and foreign currency. 3. Bailees of gold and foreign currency. 4. Travellers cheques, etc.

More information