The international treaty - current concerns.

Author(s):  
R. S. Paroda
2014 ◽  
Author(s):  
Kristopher Kopp ◽  
Caitlin Mills ◽  
Arthur Graesser ◽  
Sidney D'Mello

Author(s):  
Karen Rowa ◽  
Christine Purdon ◽  
Laura J. Summerfeldt ◽  
Martin M. Antony
Keyword(s):  

Author(s):  
Chris Himsworth

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.


2020 ◽  
Vol 31 (5) ◽  
pp. 230-235
Author(s):  
Graham Matthews

There is little doubt that the introduction of modern pesticides since the end of the Second World War has enabled a significant increase in the production of many crops during the green revolution, but criticism of the use of pesticides has increased because more people are claiming that their use has resulted in unacceptable adverse impacts on the health of those applying the pesticides or who live near treated farms, as well as more general impacts on the environment. When these modern pesticides were first introduced, countries established registration requirements. These were based on scientific data at that time concerning their toxicity and persistence in the environment, and have been followed to a variable degree, depending on whether individual countries or regions had adequate facilities to assess the data presented by manufacturers.


2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa

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.


Author(s):  
Retselisitsoe Phooko

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.


Author(s):  
Lisa Waddington

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.


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