International Treaty Precedence

2017 ◽  
pp. 147-168
Author(s):  
Stuart J. Smyth ◽  
William A. Kerr ◽  
Peter W. B. Phillips
Keyword(s):  
International Treaty

The European Charter of Local Self-Government

2015 ◽  
Author(s):  
Chris Himsworth
Keyword(s):  
Critical Study ◽  
The European Union ◽  
Future Prospects ◽  
Council Of Europe ◽  
International Treaty ◽  
Additional Protocol ◽  
Domestic Courts ◽  
The Status ◽  
History Of ◽  
Regional Authorities

The first critical study of the 1985 international treaty that guarantees the status of local self-government (local autonomy). Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government and its Additional Protocol; traces the Charter’s historical emergence; and explains how it has been applied and interpreted, especially in a process of monitoring/treaty enforcement by the Congress of Local and Regional Authorities but also in domestic courts, throughout Europe. Locating the Charter’s own history within the broader recent history of the Council of Europe and the European Union, the book closes with an assessment of the Charter’s future prospects.

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.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

2020 ◽  
Vol 53 (1) ◽  
Author(s):  
Retselisitsoe Phooko
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Participation ◽  
International Treaty ◽  
Legal Implications ◽  
Future Situation ◽  
Rules Of Procedure ◽  
The Republic ◽  
The Government ◽  
Personal Jurisdiction

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

The Domestication of the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Case Law ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
International Treaty ◽  
Four Dimensions ◽  
Relevant Case ◽  
Similarities And Differences ◽  
Domestic Law

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

Parties to Non-International Armed Conflicts under International Treaty Law

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Treaty ◽  
Armed Group ◽  
Applicable Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
Treaty Law ◽  
Treaty Interpretation

Chapter 2 examines international humanitarian law treaties. Using classical treaty interpretation methods, it establishes what degree of organization is required from a non-state armed group to become ‘Party to the conflict’ under article 3 common to the four Geneva Conventions, or an ‘organized armed group’ under article 1(1) of the Additional Protocol II or under the ICC Statute. Chapter 2 also analyses the travaux préparatoires of the different treaties, subsequent practice, and engages with the main doctrinal debates surrounding these questions. By subjecting the three treaties to thorough analysis, the chapter presents concise interpretations of the relevant organizational requirements, and compares the different thresholds. It also identifies and addresses under-researched questions, such as whether the organization criterion under international humanitarian law requires the capacity to implement the entirety of the applicable law.

Engagement and Disengagement with International Institutions

2019 ◽  
pp. 391-410
Author(s):  
Paul Craig
Keyword(s):  
United Kingdom ◽  
International Institutions ◽  
International Organization ◽  
The European Union ◽  
International Treaty ◽  
Legal Rules ◽  
The United Kingdom ◽  
Starting Point ◽  
Constitutional Constraints ◽  
Engagement And Disengagement

This chapter analyzes engagement and disengagement with international institutions from the perspective of U.K. law. The first part of the chapter considers the relevant legal rules that pertain to engagement by the United Kingdom in international institutions. It is divided into three sections. The first section is directed toward dualism as understood in U.K. constitutional law, whereby an international treaty cannot take effect in national law unless it has been transformed or adopted into domestic law, thereby preventing the executive from undertaking obligations without the imprimatur of the U.K. legislature. The second section explains the U.K. constitutional rules designed to prevent the executive from ratifying an international treaty, and hence committing the United Kingdom at the international level, before Parliament has had the opportunity to consider the treaty. This area is interesting, since it reveals a shift from practice, to a convention, and then to a statutory obligation. The third part investigates the limits of dualism, connoting in this respect that the doctrinal rules explicated here apply to formal treaties, but do not cover all global regulatory rules, which can impact, de jure or de facto, on the United Kingdom. The focus in the second section of the chapter shifts to the constitutional constraints that limit the national applicability of a treaty regime that the United Kingdom has ratified. Parliament may impose constraints on delegation, which condition the legal reception in U.K. law of changes made by an international organization. There are, in addition, constitutional constraints fashioned by the courts, which can affect the acceptance of rules or decisions made by an international organization, to which the United Kingdom is a party, within the U.K. legal order, more especially where U.K. courts feel that such a rule of decision can impact adversely on U.K. constitutional identity. These judicially created constraints can be interpretive or substantive. The final part of the chapter is concerned with disengagement from international institutions. The relevant legal precepts are, to a certain degree, symmetrical with those that govern initial engagement. The basic starting point is that the executive, acting pursuant to prerogative power, negotiates withdrawal or disengagement from an international organization, and Parliament then enacts or repeals the requisite legislation to make this a legal reality in national law. Matters can, however, be more complex, as exemplified by the litigation concerning the United Kingdom’s exit from the European Union.

The Global Ruling of Local Crisis Intervention: An Institutional Ethnography of Anti-Violence Work in Kyrgyzstan

2021 ◽  
pp. 107780122098593
Author(s):  
Elena Kim
Keyword(s):  
Crisis Intervention ◽  
Institutional Ethnography ◽  
Legal Framework ◽  
International Standards ◽  
Gender Violence ◽  
Women Clients ◽  
International Treaty ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Standards Of Practice

This article analyzes contradictory practices carried out in Kyrgyzstani crisis centers for victims of gender violence resulting in women-clients failing to obtain the protection they seek. These problematic dynamics are shaped by a global apparatus on women’s human rights protection and international standards of practice. Crisis center professionals perform the final activation of this ruling apparatus through textual work driven not by the women’s needs but by the goal of bringing local actions into accord with the “legal framework” organized and expressed by the national anti-violence law and the government’s need to report on it to international treaty bodies.

scholarly journals Networks and coalitions in the implementation of the international treaty on plant genetic resources for food and agriculture in Uganda

2016 ◽  
Vol 8 (6) ◽  
pp. 65-79
Author(s):  
Atieno Otieno Gloria ◽  
Wasswa Mulumba John ◽  
Seyoum Wedajoo Aseffa ◽  
Jae Lee Myung ◽  
Kiwuka Catherine ◽  
...  
Keyword(s):  
Genetic Resources ◽  
Plant Genetic Resources ◽  
International Treaty ◽  
Food And Agriculture

Is the Infringement of a Treaty a Fault?

2020 ◽  
Vol 11 (1) ◽  
pp. 37-56
Author(s):  
Françoise Auvray
Keyword(s):  
Direct Effect ◽  
Legal System ◽  
Legal Order ◽  
International Treaties ◽  
Public Authorities ◽  
International Treaty ◽  
National Legal System ◽  
Tort System ◽  
State Liability

AbstractThis contribution deals with the wrongful behaviour of public authorities, in this case in particular the Belgian State, and delves into a challenge that the multi-levelled legal order poses for the national tort system. It inquires how the violation of an international treaty relates to liability in the national legal system. More specifically, the author examines if it is necessary, when dealing with state liability, to limit the concept of fault to the infringements of international treaties with direct effect, excluding the violation of those without such effect.

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