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.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.46 Reservations

2018 ◽  
Author(s):  
Bantekas Ilias
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Persons With Disabilities ◽  
Customary International Law ◽  
Treaty Provision ◽  
Legal Effect ◽  
Universal Human Rights ◽  
United Nations Convention ◽  
The United Nations

This chapter examines Article 46 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which deals with the issue of reservations. Reservations are a common feature of multilateral treaties, although there are calls to reduce their frequency or volume in human rights or treaties of a humanitarian nature. The legal effect of a reservation is to exclude or modify the binding nature of a treaty provision for the reserving state. In the context of a universal human rights treaty this entails several dangers. For one thing, since the CRPD claims not to create new rights but instead relies on existing ones, any reservation thereto will automatically constitute a regression on entrenched rights, something that is unacceptable. In equal manner, since the vast majority of the ‘existing’ rights in the CRPD are also part of customary international law, reservations thereto will negate customary obligations, which is again unacceptable.

The United Nations Convention on the Law of the Sea

2000 ◽  
Author(s):  
John-Pierre Levy
Keyword(s):  
World War Ii ◽  
United Nations ◽  
International Law ◽  
Legal Framework ◽  
Law Of The Sea ◽  
Customary International Law ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
World Organization

When the United Nations Convention on the Law of the Sea (the Convention) was adopted in 1982 after nine years of negotiations, it was hailed as "the ultimate constitution for the oceans". For the first time, an international legal instrument acknowledges that "the problems of ocean space are closely interrelated and need to be considered as a whole". Accordingly, in 320 articles and 9 annexes, the treaty provides the international legal framework for exercising the rights and duties of States relating to their uses of ocean space and its resources. After substantially amending the part dealing with the deep seabed area and its resources by the Agreement of 28 July 1994, the Convention entered into force on 16 November 1994 for those States which deposited instruments of ratification. It is now strongly supported by a significant majority of the States of the world, including major maritime powers, developing states, and others. The Convention codifies and develops customary international law as well as creating new rules and institutions. In some respects, the Convention provides specific rules and, in other respects, more general rules, whose precise meaning will evolve through practice. The Convention provides at minimum a framework for all uses of the sea. It envisages other international agreements, bilateral and multilateral, to elaborate its implementation. In spite of the breadth of the subject matter, the practice of States generally conforms to the law of the sea embodied in the Convention. The international community rightly feels proud of its achievement. But international law (and the law of the sea in particular) is a reflection of the needs of States during a certain period in history and their expectations of the future. This Convention does not necessarily contain the answers to all the challenges awaiting humankind in the 21st century, but it provides a sound framework for addressing them. Before examining in depth the issues relating to the delimitation of the outer limit of the continental shelf, a brief review of the major features of the Convention is appropriate. In the aftermath of World War II and soon after the creation of the United Nations in 1945, the new world organization requested its International Law Commission to consider the codification of existing customary international law relating to the oceans.

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.

2 The 1982 United Nations Convention on the Law of the Sea

2015 ◽  
Author(s):  
Churchill Robin R
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Legal Nature ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

The United Nations Convention on the Law of the Sea (LOSC) is the most important source of the international law of the sea. This chapter discusses the history and legal characteristics of the LOSC. It explains how the LOSC came into being; gives a brief overview of its provisions and considers their varying legal nature; explains which entities may and have become parties to the LOSC and considers the extent to which they are permitted to make reservations and declarations; outlines the relationship of the LOSC to other treaties and customary international law; explores the mechanisms for seeking to ensure compliance with the LOSC by its States parties; and finally discusses how the LOSC is kept under review and developed.

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.

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.

International Fisheries Law

2020 ◽  
Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law ◽  
Conservation And Management ◽  
International Fisheries

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.

Rethinking the Concept of Historic Rights in International Law

2019 ◽  
Vol 7 (2) ◽  
pp. 153-165
Author(s):  
Ying Wang
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Legal Documents ◽  
Maritime Boundary ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract Historic rights have been acknowledged by international legislation including the United Nations Convention on the Law of the Sea, although many issues concerning the concept still remain uncertain. This article will mainly discuss the legal connotation and juridical functions of the concept of ‘historic rights’ for maritime entitlements and maritime boundary delimitation, and attempt to clarify some legal ambiguity and explain the function of the legal regime through analysis of legal documents and identification of typical difficulties in the application of the concept of ‘historic rights’.

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