Conclusion and Publication of International Treaties in Antiquity

1995 ◽  
Vol 29 (1-2) ◽  
pp. 233-249 ◽  
Author(s):  
Karl-Heinz Ziegler
Keyword(s):  
United Nations ◽  
Classical Antiquity ◽  
Vienna Convention ◽  
International Treaties ◽  
International Treaty ◽  
Law Of Nations ◽  
Written Form ◽  
History Of ◽  
The United Nations ◽  
United Nations Charter

1. The Vienna Convention on the Law of Treaties of 1969 has defined in its art. 2 the international treaty as an international agreement between states concluded in written form. Only in art. 3 the said Convention makes clear that other international agreements might be valid, too. The United Nations Charter art. 102 ensures that international treaties concluded by the member states are registered and published by the Secretariat of the United Nations. These rules and the practice of our actual Law of Nations are the results of a complicated development which has its origins in antiquity. From the early beginnings in the third millenium B.C. until the 16th century A.D. we can observe that international treaties, in spite of their being reported, registered and passed on in written form, are concluded not through written instruments, but through declarations of the treaty-making parties, solemnly confirmed by mutual oaths. We shall not delve into the history of medieval and modern international law but limit our observations to the legal history of preclassical and classical antiquity, which Reuven Yaron has enriched by so many important contributions.

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.

More on the Depositary of International Treaties

1970 ◽  
Vol 64 (5) ◽  
pp. 838-852 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Previous Article ◽  
Vienna Convention ◽  
International Treaties ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission ◽  
Made In

The purpose of this article is to bring up to date the present writer’s previous article on “The Depositary of International Treaties” published in this Journal, in the light of the deliberations of the United Nations Conference on the Law of Treaties in 1968 and 1969 and the changes there made in the texts. The relevant provisions now appear as Articles 76, 77 and 78 of the so-called Vienna Convention on the Law of Treaties, corresponding to Articles 71, 72 and 73 of the draft articles on the law of treaties of the International Law Commission.

The Six-Day War and the Right of Self-Defence

1971 ◽  
Vol 6 (1) ◽  
pp. 65-80 ◽  
Author(s):  
Amos Shapira
Keyword(s):  
United Nations ◽  
Gaza Strip ◽  
Arab Countries ◽  
Mining Operations ◽  
History Of ◽  
Entire History ◽  
The United Nations ◽  
The Gaza Strip ◽  
The Right ◽  
United Nations Charter

A.Brief Factual Background: It is not proposed here to unfold the entire history of the Arab-Israel conflict. Our purpose is rather to outline briefly the major, and by and large undisputed, events preceding the outburst of all-out hostilities on the morning of June 5, 1967.In the aftermath of the first Arab-Israel war, in 1949, Israel and the surrounding Arab countries signed armistice agreements, according to which all hostile military activities between the signing parties were to cease. However, throughout the years following the signing of the agreements, innumerable border incidents, military or semi-military raids and reprisals, sabotage and mining operations, and other belligerent actions occurred, each side charging the other with aggression. In May 1948, Egypt closed the Suez Canal to passage by Israeli shipping and, at the end of 1949, installed guns at Sharm-el-Sheikh, overlooking the Straits of Tiran, thus blockading the Israeli port of Eilat. To justify her actions, Egypt persistently asserted the existence of a “state of war” or “state of belligerency” between Israel and herself, irrespective of the armistice agreement and her obligations under the United Nations Charter. In October 1956, the second Arab-Israel war, known as the Suez (or Sinai) Campaign, broke out. But even this violent confrontation and the arrangements which followed, including the stationing of the United Nations Emergency Force (UNEF) in the Gaza Strip and Sharm el-Sheikh, did not bring about stability and peace. Tension continued to mount in the area.

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