Part III Observance and Application of Treaties, 13 International Organizations as Third Parties under the Law of International Treaties

2011 ◽  
Author(s):  
Tomuschat Christian
Keyword(s):  
International Relations ◽  
International Organizations ◽  
Logical Consequence ◽  
Fundamental Principle ◽  
Third Parties ◽  
International Organization ◽  
Vienna Convention ◽  
Special Relationship ◽  
International Treaties ◽  
The Law

The rule providing that treaties do not produce rights or obligations for third states was taken from Vienna Convention on the Law of Treaties I (Article 34) and inserted into Vienna Convention on the Law of Treaties II with the appropriate modification ratione personae to international organizations. The rule was seen as a logical consequence of the fundamental principle of consent in international relations. Hence, according to the text, international organizations are protected against interference by third parties in the same way as states. However, no consideration was given to the question of whether the states members of an international organization stand in a special relationship to that organization. Practice shows that treaties elaborated within an international organization, although generally having a more restricted circle of parties, often impose specific duties on that organization. This chapter seeks to clarify the reasons justifying this practice and its limits.

Conclusion

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International Community ◽  
International Organization ◽  
Course Of Action ◽  
The Law

The conclusion makes the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. Contrary to the polemic that immunity breeds impunity, jurisdictional immunities promote respect for international law rather than undermine it. Even where a State or an international organization is immune, it may still be responsible for a wrongful act. To be sure, immunities can be abused. However, abuse of immunity is a different question from the necessity of immunity. The book concludes with the submission that if the international community finds the international law of jurisdictional immunities of States and international organizations to be illegitimate or inadequate, then the proper course of action is to re-evaluate the goals served by the law.

scholarly journals The effect of international treaties

2007 ◽  
Vol 59 (1) ◽  
pp. 49-70
Author(s):  
Stevan Djordjevic
Keyword(s):  
International Organizations ◽  
Vienna Convention ◽  
International Treaties ◽  
The Law

The article is devoted to the doctrine and practice of the Law of Treaties. The author focuses his attention on the following four topics: 1. the Treaties and third States or third international organizations; 2. the Tre?aties that provide rights for third States or third international organizations; 3. the Treaties that set out obligations for third States or third international organizations. He pays special attention to the most-favoured-nation clau?se. The author gives interpretations of the Vienna Convention on the Law of Treaties 1969 and the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986.

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.

scholarly journals THE ROLE OF END CHILD PROSTITUTION, CHILD PORNOGRAPHY AND TRAFFICKING OF CHILDREN FOR SEXUAL PURPOSES (ECPAT) IN ADDRESSING THE CHILD’S COMMERCIAL SEXUAL EXPLOITATION (ESKA) IN INDONESIA (2011 – 2015)

2019 ◽  
Vol 20 (1) ◽  
pp. 1-19
Author(s):  
Yohanes Benedicktus Meninu Nalele
Keyword(s):  
International Relations ◽  
International Organizations ◽  
Child Pornography ◽  
Sexual Exploitation ◽  
International Organization ◽  
Commercial Sexual Exploitation ◽  
Asian Countries ◽  
Role Of Government ◽  
Child Prostitution

Commercial sexual exploitation of children is a social problem that has several categories. This issue is scattered in many countries, especially in Asian countries. Child’s commercial sexual exploitation or eksploitasi seksual komersial anak (ESKA) can ruin the future of the children who are victims, of which they are the successors of the nation. Childhood should be filled by playing and learning but changing with the dark. The role of government as the supreme authority of a country in overcoming the problem of ESKA looks not maximized. The purpose of this research is to find out the role of international organizations in addressing the ESKA problem. International organizations, in this case, are ECPAT or End Child Prostitution, child pornographic grapy, and Trafficking of Children for Sexual Purposes. How are their efforts and roles in overcoming ESKA and its cooperation with the Indonesian government, obstacles, and challenges faced? The benefits of this journal are useful in the development of International Relations, especially those involving the role of international organizations in addressing the problems of ESKA. The method used is descriptive – qualitative, where this method illustrates and analyzes the role of ECPAT as an international organization in addressing the ESKA in Indonesia (2011 – 2015).

scholarly journals PENGUSIRAN MASSAL PENGUNGSI AFRIKA UTARA DARI JERMAN DAN PERMASALAHANNYA

2018 ◽  
Vol 1 (1) ◽  
pp. 1164
Author(s):  
Gibson Radityo ◽  
Ida Kurnia
Keyword(s):  
Third Parties ◽  
International Organization ◽  
Vienna Convention ◽  
Legal Action ◽  
International Convention ◽  
Legal Personality ◽  
The Third ◽  
High Commissioner ◽  
Refugee Issues ◽  
United Nation

United Nation High Commissioner of Refugee (UNHCR)  is an internasional organization made under United Nations (UN) specifically for asylum seeker and refugee issues. As an international organization, UNHCR have a legal personality which is give them power to do such a legal action, yet from that power make UNHCR also gets its rights and respondsibility. According to UNHCR statute, Vienna Convention 1951 and Protocol 1967, one of UNHCR respondsibility is to protect and keep the refugee safe and make sure the third parties nation do all the responsibility to keep and protect the refugee. But how, if there is an issue that a nation break the international convention for refugee by force the refugee back to their home, yet the refugees already proved to do crimes againts the third parties nation policy? yet if the refugees forced  back to their origin couuntry, they will be threathened, so how suppose the UNHCR as an international organization for refugee do according to the UNHCR statute and Convention of refugees?in that case it will give a responsibility for UNHCR to solve the issue for the refugee. As the case above, the author have an insterest to summarizes the issue as my thesis.

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.

The Dual Legal Nature in Practice

2021 ◽  
pp. 108-140
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Organizations ◽  
Third Parties ◽  
International Organization ◽  
Customary Law ◽  
Judicial Decisions ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Character ◽  
International Law Commission ◽  
Law Commission

This chapter describes the dual legal character of international organizations as discussed in practice and scholarship. It reviews every act mentioned by the International Law Commission in its definition of rules of international organizations: ‘the constituent instruments, decisions, resolutions and other acts of the international organization adopted in accordance with those instruments, and established practice of the organization’. Moreover, it also includes agreements with third parties and judicial decisions, which the Commission mentioned only in the commentary to the articles on the responsibility of international organizations. Additionally, it considers general principles and customary law, not mentioned by the Commission but rules of international organizations nonetheless. The purpose is to present a variety of examples in which the dual legal character is either useful to shed new light on traditional debates or already acknowledged by practice and scholarship.

3. The law of treaties

2021 ◽  
pp. 33-48
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
International Organizations ◽  
The Other ◽  
Vienna Convention ◽  
Written Form ◽  
The Law ◽  
The One ◽  
Definition Of

This chapter examines the rules of international law governing the birth, the life, and the death of treaties. Treaties, a formal source of international law, are agreements in written form between States or international organizations that are subject to international law. A treaty falls under the definition of the Vienna Convention on the Law of Treaties (VCLT), no matter what form or title it may have. The most important factor is that it sets out obligations or entitlements under international law. The VCLT enumerates the rules governing the ‘birth’, ie the steps from the negotiation until the entry into force of the treaty; the ‘life’, ie the interpretation and application of the treaty; and its ‘demise’, ie its termination. The two fundamental tenets are, on the one hand, the principle ‘pacta sunt servanda’ and, on the other, the principle of contractual freedom of the parties.

7. The law of treaties

2019 ◽  
pp. 163-193
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
International Organizations ◽  
Vienna Convention ◽  
Legal Obligations ◽  
The Law ◽  
Legal Subjects ◽  
Single Instrument

This chapter describes the law of treaties. As defined in Article 2(2) of the Vienna Convention on the Law of Treaties (VCLT), a treaty can be embodied in a single instrument, or in two or more related instruments. It is a written agreement; between international legal subjects; and governed by international law. In short, a treaty must be written in order to fall under the scope of the VCLT. Though this does not mean that oral agreements have no effect in international law, it does mean that the law of treaties embodied in the VCLT does not govern oral agreements. While States are the most active actors entering into treaty relations, international organizations may also enter into treaties, whether between them or with a State. Ultimately, because a treaty’s purpose is to create binding international legal obligations, the law of treaties applies to agreements governed by international law.

Book I Diplomacy in General, 3 Introduction to International Law

2016 ◽  
Author(s):  
Wilmshurst Elizabeth
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Comprehensive Account ◽  
The Subject ◽  
The Law

This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.

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