Book VII Treaties and Treaty-Making, 31 Treaties and other International Instruments—I General Definition, Treaty Formalities

2016 ◽  
Author(s):  
Berman Frank ◽  
Bentley David
Keyword(s):  
International Law ◽  
International Organizations ◽  
General Definition ◽  
Definition Of ◽  
International Instruments

This chapter provides a general definition of treaties and their formalities. As there is no single, all-embracing definition of the term ‘treaty’ the chapter instead reviews particular aspects of the general definition of treaties: the agreements involving international organizations and oral agreements, the requirement that agreement should be governed by international law, and the instruments not intended to give rise to legal relations. The chapter then closes its first section with questions of form and terminology. The chapter also deals with the formalities in the drawing up of treaties. These are: the initialling and signatures, the preparation of signature texts, the languages used in the treaties, and registration and publication of treaties.

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.

Regional Organizations

2019 ◽  
pp. 36-67
Author(s):  
Tan Hsien-Li
Keyword(s):  
International Law ◽  
International Organizations ◽  
Asia Pacific ◽  
Regional Organizations ◽  
Member States ◽  
Regional Institutions ◽  
History Of ◽  
Definition Of ◽  
The Relationship

This chapter examines the relationship that Asia-Pacific regional and sub-regional organizations have with international law, looking at seven international organizations that span the region. It is commonly believed that the member states of Asia-Pacific regional organizations prefer less formalized institutions and fewer binding commitments. Conventional reasons for this include their history of colonialism, less legalistic and formalized cultures, and a preference for stricter conceptions of sovereignty. As such, their organizations are often perceived as less effective. However, the effectiveness of Asia-Pacific regional institutions should not be judged by one uniform standard. Instead they should be judged on their own definition of effectiveness. There should be a broader understanding that Asia-Pacific states consciously use and participate in their regional organizations differently than in other regions, and they may prefer less institutionalized models as these serve their purposes better and can still be successful.

Abuja Peoples of Nigeria as Indigenous Peoples in International Law

2018 ◽  
Vol 25 (3) ◽  
pp. 431-457 ◽  
Author(s):  
Sylvanus Gbendazhi Barnabas
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Child Rights ◽  
International Child ◽  
The Subject ◽  
Definition Of ◽  
International Instruments ◽  
Diverse Cultures ◽  
Agreed Definition

There is no agreed definition of indigenous peoples (IPs) as the international community has not agreed to any. However, an examination of international instruments and literature on the subject presents a picture. This article examines the definition of IPs and its relevance to Africa. The case study of Abuja, Nigeria is used as a vehicle to challenge the existing descriptions of IPs. It argues that international law should expand its definition of IPs to include collectives of peoples with diverse cultures in Africa. Analogical insights are drawn from international child rights law to advance the argument that international law on IPs’ rights can learn from the evolution of international children’s rights law.

scholarly journals Criminal Responsibility of States In International Law: Rethinking Or Permanent Abandonment of the Concept?

2021 ◽  
pp. 143-168
Author(s):  
Enis Omerović
Keyword(s):  
International Law ◽  
International Organizations ◽  
Criminal Responsibility ◽  
The State ◽  
Legal Responsibility ◽  
Crimes Against Humanity ◽  
International Crimes ◽  
International Obligation ◽  
Definition Of ◽  
Peremptory Norms

The responsibility of states and international organizations is an essential issue of contemporary international law. All other debates in this branch of law seem to follow up on this issue. In fact, whenever a state violates its international obligation, the question of the responsibility of such a state arises. However, in addition to being essential, this issue is also an extremely politically sensitive area, as only some states, guided mainly by demand for respect for their territorial sovereignty and the principle of equality of all states, are willing to accept all the consequences of such behavior in international relations with other subjects of international law, while those that consider themselves more equal than others (primus inter pares), particularly the great world powers, will be largely reluctant to accept legal responsibility for their illegal acts, and especially for the commission of international crimes in the narrow sense, which includes the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. With international organizations, the problems in this regard are perhaps even greater.In this paper we examine the meaning of further survival of the concept of criminal responsibility of states and international organizations, wanting to examine the concept and definition of criminal responsibility of transnational corporations at the international level, while in the second part of the article we try to shed a light on political-legal responsibility. In addition to the fact that this concept is probably unsustainable under international law, it seems that the approach to advocating for the criminal responsibility of the state, as well as international organizations, is unnecessary. Therefore, we should work on building and thoroughly elaborating the concept of international responsibility of the state and the international organization in the conditions of international crimes stricto sensu, in other words, serious breaches of obligations arising from peremptory norms of general international law. In this way, without creating legally unsustainable constructions, essentially the same goal would be achieved.

Introduction

2021 ◽  
pp. 1-14
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Legal Systems ◽  
Main Claim ◽  
Legal Scholarship ◽  
Legal Nature ◽  
Definition Of ◽  
Common Understanding

The introductory chapter presents the relevance of the topic in the framework of the practice of international organizations and existing legal scholarship. In particular, it describes how scholars and practitioners do not share a common understanding of what an international organization is and the consequences of this absence of agreement. The main claim is that in order to conceptualize international organizations we have to look at the characteristics of the legal systems they develop and the legal nature of their rules. Four main theses are presented: functionalism (international nature), constitutionalism (internal nature), exceptionalism (only some organizations develop internal rules), and informalism (only some rules have an internal nature). Finally, it sets up the aim of the book: to analyse different conceptualizations, to assess the existence of a general regulatory framework, and to provide a definition of the concept of an international organization in international law.

THE INTERPLAY BETWEEN INTERNATIONAL LAW AND NATIONAL LAW IN THE FIRST ITALIAN PROSECUTION OF PIRACY: THE M/V MONTECRISTO CASE

2015 ◽  
Vol 24 (1) ◽  
pp. 289-314
Author(s):  
Marta Bo
Keyword(s):  
International Law ◽  
International Organizations ◽  
Horn Of Africa ◽  
New Era ◽  
The Us ◽  
Un Security Council ◽  
United Nations Convention ◽  
Definition Of ◽  
State Cooperation ◽  
The Unclos

This note scrutinizes the complex relationship between international law and national criminal law in the prosecution of piracy. UN Security Council Resolutions on Somalia have marked the beginning of a new era in counter-piracy, with much wider involvement of States and international organizations in patrols in the Horn of Africa and with an increasing number of piracy trials in courts in Europe, the US, and Africa. Increased State cooperation in enforcement and adjudication has evinced the weaknesses and ambiguities inherent in the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) which deal with piracy. This article questions the suitability of the UNCLOS definition of piracy as a standalone legal basis for detention in light of the requirements of legal certainty that must be satisfied in order to permit the arrest and the “pre-transfer arrest” of piracy suspects. This question seems to have been recently overlooked by the Italian Court of Cassation whose reasoning, while correct in relation to the assertion of jurisdiction over the pirates arrested on board the M/V Montecristo, seems flawed with regard to the assumption of jurisdiction over the pirates captured aboard the “mothership” and then transferred to Italy by the British unit participating to the NATO counter-piracy mission.

3. The law of treaties

2019 ◽  
pp. 30-43
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’, i.e. the steps from the negotiation until the entry into force of the treaty; the ‘life’, i.e. the interpretation and application of the treaty; and its ‘demise’, i.e. 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.

Ch.1 Introduction

2020 ◽  
Author(s):  
Vrdoljak Ana Filipa ◽  
Francioni Francesco
Keyword(s):  
Cultural Heritage ◽  
International Law ◽  
Governmental Organizations ◽  
Intangible Heritage ◽  
Non Governmental Organizations ◽  
Key Stakeholders ◽  
Special Rules ◽  
Definition Of ◽  
International Instruments

This chapter provides an introductory overview to the Handbook. It outlines the definition of cultural heritage as covered by the key international instruments covering movable and immovable, tangible and intangible heritage. It outlines the role of key stakeholders including States, the international community, individuals, groups and communities (including Indigenous peoples), and experts and non-governmental organizations. Finally, the structure of the Handbook is explained. It outlines that there are special rules covering cultural heritage in most specialist areas of international law. It signposts how practice relating to cultural heritage is influencing the development of the rules of general public international law. Likewise, it notes that cultural heritage is influencing disputes resolution processes, integral to the interpretation and implementation of these rules. Finally, the role of regional practice in Africa, Asia, Oceania, the Americas, Europe, the Middle East, and North Africa is flagged.

Drøftelse af flygtningebegrebets definition

1979 ◽  
Vol 48 (1-4) ◽  
pp. 139-141
Keyword(s):  
International Law ◽  
Nordic Countries ◽  
Precise Definition ◽  
The Other ◽  
General Definition ◽  
Refugee Status ◽  
Strict Adherence ◽  
High Commissioner ◽  
Definition Of ◽  
Legal Concepts

AbstractThe main subject of the debate was whether or not it is advisable to extend the concept of refugee beyond the present strict legal definitions and include more humanitarian concerns as suggested by Poul Hartling. On the one hand it was maintained in alia that — an extension of the international concept would create a discrepancy between the national concepts and the international concept — the concept of refugee applicable at the time of passing legislation concerning refugees still pertains — the quota-systems require strict adherence to legal definitions — the unsuccessful conference on territorial asylum proved the difficulty of adopting common norms of a broad humanitarian nature wrich is at the same time acceptable to governments - it was easier for the UNHCR in his pragmatic international work of a humanitarian administrative and social nature to adopt a wide concept, whereas the national refugee agencies whose problems is primarily that of issuing residence permits have to apply a more precise and narrow definition. Others took the view that — even in international law the concept of refugee is not totally static; in this respect it was mentioned that in spite of unmerous laws on refugees in Sweden, a precise definition has never been found - a liberal interpretation of existing written norms was called for rather than attempts to establish totally new definitions in a legally binding form - humanitarian concerns are not opposed to legal concepts; on the contrary, the legal concepts emerge from humanitarian and other political concerns — the definition in international law is to be considered a minimum norm. It was suggested that the refugee concept could be much wider in the field of assistance rather than in the field of protection. The dichotomy of having two refugee concepts, an international and a national come out as a practical problem when it comes to recognizing the refugee status. Theoretically, the dichotomy does not create serious problems, because the recognition is declaratory, not constitutive. In practical terms, there is a problem, however, because there is only one (effective) recognition of refugee status, the national recognition. It was noted that the High Commissioner often responded spontaneously to emergency situations involving wholely or in part groups of people falling beyond or on the verge of his mandate. The UN General Assembly, however, never failed to welcome such action thereby accepting a wider definition of UNCHR's mandate. The problems of de facto refugees were discussed. Reluctance was expressed towards extending the number of categories of refugees, e.g. by adding C and D categories to the A and B categories existing in the Nordic countries. It was preferable to extend the general definition of refugee in the manner of e.g. the Netherlands, Switzerland, or Sweden. A consequence of recognizing de facto refugees explicitly one way or the other was that the concept of de facto refugee would disappear. A common international definition which includes de facto refugees was called for. On the other hand, a warning was issued against adopting a very precise definition thereby creating new limits and new categories of people needing humanitarian assistance or protection but falling outside accepted categories. The problem of lacking international sanctions against countries which do not apply the international minimum standards was mentioned. It was pointed out, however, that the good offices and diplomatic initiatives of the High Commissioner often proved highly effective. Finally, a number of participants invited the High Commissioner to engage deeper into regional arrangements and to open a regional office in the Nordic countries.

scholarly journals A Quest for Defining Terrorism in International Law: The Emerging Consensus

2020 ◽  
Author(s):  
Mohammed Salman Mahmood
Keyword(s):  
International Law ◽  
International Community ◽  
Self Determination ◽  
International Terrorism ◽  
General Definition ◽  
Armed Struggle ◽  
Secondary Sources ◽  
To Come ◽  
Definition Of ◽  
Agreed Definition

The United Nations (UN) has no internationally-agreed definition of terrorism. The definitional impasse has prevented the adoption of a Comprehensive Convention on International Terrorism. Even in the immediate aftermath of 9/11 the UN failed to adopt the Convention, and the deadlock continues to this day. The prime reason is the standoff with the Organization of the Islamic Conference (OIC). The Arab Terrorism Convention and the Terrorism Convention of the Organization of the Islamic Conference defines terrorism to exclude armed struggle for liberation and self-determination. This increased its complexity and vagueness. The aim of this paper is to examine the definitional aspect of terrorism and the challenges faced in adopting a single universally accepted definition by the international community. The methodology adopted in this paper is purely a library based research focusing mainly on primary and secondary sources. The paper concludes that nations or states have to come to agreement on a definition of the term “terrorism”, for without a consensus of what constitute terrorism, nations or states could not unite against it. A general definition of terrorism is necessary in order for the international community to fight against terrorism in a precise way.  

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