Revisiting the law on website accessibility in the light of the UK's Equality Act 2010 and the United Nations Convention on the Rights of Persons with Disabilities

2011 ◽  
Vol 20 (1) ◽  
pp. 19-47 ◽  
Author(s):  
C. Easton
Keyword(s):  
United Nations ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Art.48 Denunciation

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
International Law ◽  
Vienna Convention ◽  
Persons With Disabilities ◽  
Customary International Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This chapter examines Article 48 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). A state may express its consent to no longer be bound by a treaty to which it is a party by way of denunciation, withdrawal, or suspension of the treaty in question. Article 48 CRPD does not expressly allow states to withdraw from or suspend the operation of the Convention. Although it only provides for denunciation through a written notification the effect of which commences a year after it is received by the depositary, Article 48 CRPD is silent as to whether a state may denounce the entire Convention or also parts of it. This matter is dealt with under the general provisions of the Vienna Convention on the Law of Treaties, which reflect customary international law.

Art.41 The Secretary-General of the United Nations Shall Be the Depositary of the Present Convention

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
International Law ◽  
Secretary General ◽  
The Body ◽  
Vienna Convention ◽  
Persons With Disabilities ◽  
Customary International Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This chapter examines Article 41 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). In accordance with article 76(1) of the Vienna Convention on the Law of Treaties, the designation of the depositary of a treaty may be made by the negotiating states, either in the treaty itself or in some other manner. Practice, as is the case with Article 41 CRPD, suggests that depositories are designated in the body of the treaty. The depositary is expected to undertake certain functions and assume several powers under customary international law, none of which are explained in the depositary provisions of multilateral treaties. The functions and powers of the depositary should be distinguished from other functions and powers entrusted to the same entity under other provisions of the same treaty.

Art.45 Entry Into Force

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
United Nations ◽  
Customary Law ◽  
Vienna Convention ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Moment ◽  
Multilateral Treaties

This chapter examines Article 45 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the entry into force of the Convention. The practice of the UN in respect of multilateral treaties suggests an antipathy towards their entry into force without a substantial quorum of ratifications. Article 45(1) CRPD does not depart from the UN model whereby a treaty enters into force in relation to existing (ratifying) parties and not independently of them. In accordance with customary law as reflected in Article 24(4) of the Vienna Convention on the Law of Treaties, Article 45 CRPD applies not from the moment the treaty enters into force, but rather from the ‘moment of the adoption of the text’. The adoption of the text of a treaty does not necessarily coincide with the signing of the treaty. The text of the CRPD was adopted on 13 December 2006 but was opened for signature on 30 March 2007.

Art.47 Amendments

2018 ◽  
Author(s):  
Magliveras Konstantinos
Keyword(s):  
United Nations ◽  
Vienna Convention ◽  
Persons With Disabilities ◽  
General Rules ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

This chapter examines Article 47 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with amendments. The rationale for the need to have an amendment clause in multilateral conventions is that each treaty has a life of its own and it is highly probable that at some future point circumstances or conditions may change necessitating one or more amendments. Treaties do not have to stipulate expressly their amendment because it is generally accepted that contracting parties have the unfettered right to change their provisions, provided that they observe the general rules envisaged in the Vienna Convention on the Law of Treaties. However, by inserting an amendment clause, contracting parties are offered the opportunity to stipulate detailed and often very detailed provisions, and this is the case with the CRPD.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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