Entry into Force of Treaties as a Result of Accession

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Саяна Бальхаева ◽  
Sayana Balkhaeva
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Point Of View ◽  
International Treaties ◽  
International Treaty ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
The Subject ◽  
Domestic Law

The author analyzes the entry into force of international treaties as a result of accession from the point of view of both the international and domestic law. Multilateral international treaties are the instrument of international cooperation. In this regard the accession is the most interesting type of the entry into force of international treaties. The accession means that an agreement should be bound by an international treaty which the subject of the international law did not sign or participate in its preparation. The author examines the use of the international treaties’ restrictive provisions concerning their accession. The author emphasized that such restrictions are used as a rule in a regional context. The author points out that the provisions on accession may extend to non-governmental organizations. The author points out that despite the apparent trend of the development of multilateral treaties in the direction of their accessibility to the largest possible number of states, the current state of international law does not give grounds to assert that there is an automatic right of states to accede to the treaties, the elaboration of which these states did not participate. The article analyses the practice of different states on the accession to the international treaties.

الأحكام الإجرائية والموضوعية لانضمام فلسطين للمعاهدات الدولية

2018 ◽  
Vol 3 (2) ◽  
pp. 1-13
Author(s):  
Ahmed A. A. Shehab ◽  
Nurazmallail Marni
Keyword(s):  
Legal System ◽  
Comparative Method ◽  
Competent Authority ◽  
The State ◽  
International Treaties ◽  
International Treaty ◽  
Historical Method ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
National Constitution

The international treaties are among the most important sources of international law. Recent years have witnessed an exaggerated interest by the international community in the development of the international legal system through the legislation of treaties and the implementation of international commissions, bodies and non-governmental organizations. The State is no longer bound by the national Constitution and domestic legislations, but also by a series of international treaties and their obligations and responsibilities at the international and national levels. In order to ensure the validity of these procedures, the treaty requires the parties to regulate procedures for the accession to treaties within the national legal system and to determine the legal value of the international treaty in national law and the mechanism of integration and harmonization, whether by an independent law or by texting in the Constitution on the validity of the signing of treaties and its ratification. There is no doubt that the legal position in the Palestinian legislation is unclear regarding the procedural and substantive provisions of international treaties and their application in the legal system, compared to other laws that deal strictly with the legal organization of international treaties. This study aims at separating the procedural and substantive provisions of the accession to international treaties and their applications in the State of Palestine including the identification of the competent authority to sign the Convention, the mechanism for its ratification and the legal value accorded to the international treaty in Palestinian legislation by using the analytical descriptive method, the historical method, and the comparative method. تعد المعاهدات الدولية من أهم مصادر القانون الدولي، ولقد شهدت السنوات الأخيرة اهتماما مبالغا من المجتمع الدولي في تطوير المنظومة القانونية الدولية، من خلال تشريع المعاهدات وإعمال اللجان والهيئات الدولية، والمنظمات غير الحكومية، ولم تعد بذلك الدولة ملزمة بالدستور الوطني والتشريعات الداخلية فحسب، بل بمجموعة من المعاهدات الدولية أيضا،ً وما يترتب عليها من واجبات والتزامات ومسؤوليات على الصعيد الدولي والوطني. ولضمان صحة هذه الإجراءات توجب المعاهدة على الأطراف تنظيم إجراءات الانضمام المعاهدات ضمن المنظومة القانونية الوطنية وتحديد القيمة القانون للمعاهدة الدولية في القانون الوطني وآلية الإدماج والمواءمة، س واء بإصدار قانونٍ مستقل، أو النص في الدستور على صلاحية عقد المعاهدات والتوقيع والتصديق عليها. ولا شك أن الموقف القانوني في التشريع الفلسطيني يتسم بعدم الوضوح فيما يتعلق بالأحكام الإجرائية والموضوعية بإبرام المعاهدات الدولية وتطبيقها في النظام القانوني، مقارنة بقوانين أخرى تتناول بدقة التنظيم القانوني لإبرام المعاهدات الدولية، وتهدف هذه الدراسة لبيان الأحكام الإجرائية والموضوعية للانضمام للمعاهدات الدولية، وتطبيقاتها في دولة فلسطين بما يشمل تحديد السلطة المختصة بالتوقيع على الاتفاقية، وآلية التصديق عليها، والقيمة القانونية الممنوحة للمعاهدة الدولية في التشريعات الفلسطينية. وذلك باستخدام المنهج الوصفي التحليلي، والمنهج التاريخي، والمنهج المقارن.

scholarly journals FEDERAL STATE CLAUSE, TERRITORIAL UNITS CLAUSE AND FEDERAL RESERVATION — THE WAYS TO LIMIT INTERNATIONAL TREATY OBLIGATIONS

2016 ◽  
Vol 2 (4) ◽  
pp. 0-0
Author(s):  
Борис Осминин ◽  
Boris Osminin
Keyword(s):  
International Law ◽  
Federal Government ◽  
Federal State ◽  
International Treaties ◽  
International Treaty ◽  
Federal States ◽  
Domestic Law

Federal states may encounter difficulties in applying international treaties on matters constitutionally committed to their constituent units. In such cases a federal state may not be able to join the treaty without some accommodation either by its constituent units or other parties to the treaty. There are certain methods by which these problems can be reduced: federal state clauses, territorial units clauses, and federalism reservations. Some treaties may include a federal state clause to the effect that limits the scope of treaty’s obligations to those that federal state’s government has constitutional authority to assume. Another solution is to include a territorial units clause where the treaty may apply to some of a state’s constituent units but not others. Several federal states have made reservations to limit their obligations to those areas of legislative jurisdiction that the federal government has assumed. On occasion, other states have objected to such reservations. Alternatively, a federal state may issue a federal declaration to explain how federalism affects its implementation of the treaty. Unitary states tend to resist the federal state clause and the territorial units clause because they create an imbalance between rights and obligations of the contracting federal and unitary states. Although such clauses are not popular with unitary states, they do make it that much easier for federations to become parties. Such clauses are a compromise between the interest of unitary and federal states. Domestic law provides no excuse for a failure to fully implement international treaty obligations. In international law, if the constituent units fail to comply, it is the federal government that is liable for the failure to properly implement the treaty.

COOPERATION OF AUTHORITIES WITH INTERNATIONAL ORGANIZATIONS AS AN IMPORTANT ASPECT OF SOCIAL AND ECONOMIC DEVELOPMENT OF UKRAINE

2018 ◽  
Vol 1 (12) ◽  
pp. 68-79
Author(s):  
Tetiana Valentynіvna Bielska ◽  
Kseniia Oleksandrivna Khomaiko
Keyword(s):  
International Cooperation ◽  
International Organizations ◽  
The European Union ◽  
International Treaties ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Mutual Adaptation ◽  
External Relations ◽  
Social And Economic Development ◽  
Democratic Transformation

The article deals with conceptual approaches to the issue of cooperation of state authorities with international organizations; it is noted that Ukraine takes an active position on the international arena and directs its efforts to active cooperation with international organizations. The cooperation of authorities with foreign partners is portrayed as an ongoing process of communication, dialogue, comparison and mutual adaptation of unmatched and even conflicting interests and values. The authors emphasize attention to the fact that international intergovernmental and non-governmental organizations are increasingly attracting representatives of government bodies and the public from different regions of Ukraine to implement joint projects. International organizations influence the state policy during projects’ implementation. Special attention is paid to the fact that the issue of cooperation between the Ukrainian authorities and international organizations is paid special attention and a separate group of legislative and regulatory documents is devoted, in particular: the Constitution of Ukraine, the Laws of Ukraine “On the Principles of Internal and Foreign Policy”, “On International Treaties of Ukraine”, “On Transfrontier Co-operation”, “On the Principles of State Regional Policy” and others. A number of international legal acts, in particular: the European Charter of Local Self-Government, as well as certain documents of the European Union, regulating the procedure of cooperation between the EU and its neighbors, are also relevant in this direction. That is, Ukraine has a thorough regulatory framework for international cooperation. It has been proved that the intensification of the international dialogue caused a lot of questions regarding the process of management and coordination of authorities of international cooperation. Among the factors that determine the establishment of external relations at the regional level are complex internal processes of democratic transformation that influence the directions and subjects of the construction of international relations. The approaches proposed in this article to the issue of cooperation between the authorities and international organizations are based on the analysis of the accumulated international experience, namely the resolution of systemic conflicts in the sphere of regulation of international cooperation of the regions.

scholarly journals Current state and prospects of development of a civil suit in criminal proceedings

Lex Russica ◽  
2019 ◽  
pp. 100-107 ◽  
Author(s):  
T. E. Sushina
Keyword(s):  
Burden Of Proof ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Civil Proceedings ◽  
Civil Suit ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the current state and prospects of development of the mechanism of compensation of harm in criminal proceedings. It is noted that with a steady trend of growing discontent of the majority of victims with the state’s activities to restore their rights violated because of the crime, the courts properly resolve civil claims in criminal cases. The reasons why article 52 of the Constitution of the Russian Federation remains declarative are revealed. The conclusion about the inadmissibility of expanding the subject and grounds of civil claims in criminal proceedings is substantiated. It is indicated that the foreign practice of compensation for harm to victims, including through the formation of compensation funds, the use of mediation procedures, funds of non-governmental organizations, faces many problems that remain unresolved. In this regard, it is proposed to use only the institutions of restitution and voluntary compensation of harm in the criminal process, actively using the possibilities of pre-trial stages, as well as to consider claims that clearly arise from the substance of the criminal law dispute and (or) recognized by civil defendants. The remaining civil law issues directly or indirectly related to the committed or impending crime should be resolved in civil proceedings, where the burden of proof of the asserted claims is placed on the person recognized as the victim in the criminal case, his heir or representative. An important role is given to the improvement of the system of execution of court decisions, including through the development of programs based on the achievements of modern digital technologies.

Part II The Treaty-Makers, 8 NGOs in International Treaty-Making

2020 ◽  
Author(s):  
Raustiala Kal
Keyword(s):  
International Law ◽  
Large Degree ◽  
Special Interests ◽  
International Treaty ◽  
Fundamental Level ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Relationship ◽  
Key Questions

This chapter surveys the role of non-governmental organizations (NGOs) in treatymaking. It asks four key questions about the relationship between NGOs and treatymaking. First, what roles do NGOs play today in treaty processes, and how have these roles changed? Second, what explains the increased prominence of NGOs? Third, are NGOs a salutary addition to treatymaking or illegitimate special interests? And finally, Fourth, what is the broader significance of NGO activity for international law and international order? NGOs are clearly important players in treatymaking today. But their roles remain, to a large degree, circumscribed and controlled by States. At the most fundamental level, the presence of NGOs in contemporary treatymaking and implementation is a sign of the expansion of the domain of treatymaking.

scholarly journals THE NEW DEVELOPMENT OF SUBJECT OF INTERNATIONAL LAW

2017 ◽  
Vol 1 (1) ◽  
pp. 1-15
Author(s):  
Supardan Mansyur
Keyword(s):  
International Law ◽  
International Community ◽  
Conceptual Approach ◽  
Governmental Organization ◽  
Historical Approach ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
New Development ◽  
The Status ◽  
The Subject

Nowdays the status of subject of international law is one of the most controversies in international law, particularly in part of corporation (multinational entities) and non governmental organizations. Since the status of subject of international law gives entities rights and duties under international law, it is important to find out the new development in the subject of international law. The issue in this article is what is the new development on the establishment and recognition of subject of international law?. To solve the issue, this article using normative reseach with conceptual approach and historical approach. The conclusion withdrown is that The new development in the subject of international law is the debate on the establishment and recognition of corporations and Non Governmental Organization as subject of international law. The view that corporation and NGO should established as subject of international law is based on the important role those entities has played in international plane. However, regardless the important role they play, they can not considered as the subject of international law since the lack recognition from international community.

scholarly journals Populist Governments and International Law

2019 ◽  
Vol 30 (3) ◽  
pp. 971-996 ◽  
Author(s):  
Heike Krieger
Keyword(s):  
International Law ◽  
Structural Features ◽  
The Political ◽  
Legal Rules ◽  
Political Sphere ◽  
Governmental Organizations ◽  
Current State ◽  
Non Governmental Organizations ◽  
Cherry Picking ◽  
Different Levels

Abstract The worldwide populist wave has contributed to a perception that international law is currently in a state of crisis. This article examines how far populist governments have challenged prevailing interpretations of international law. The article links structural features of populism with an analysis of populist governmental strategies and argumentative practices. It demonstrates that, in their rhetoric, populist governments promote an understanding of international law as a mere law of coordination. However, this is not entirely reflected in their legal practices where an instrumental, cherry-picking approach prevails. The article concludes that policies of populist governments affect the current state of international law on two different levels: in the political sphere, their practices alter the general environment in which legal rules are interpreted and, in the legal sphere, populist governments push for changes in the interpretation of established international legal rules. The article substantiates these propositions by focusing on the principle of non-intervention and foreign funding for non-governmental organizations.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

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.

World Health Organization

1951 ◽  
Vol 5 (2) ◽  
pp. 387-389
Keyword(s):  
Nursing Care ◽  
World Health ◽  
Executive Board ◽  
Regional Office ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Rules Of Procedure ◽  
Sixth Session ◽  
The Subject ◽  
Health Organization

During the sixth session of the Executive Board in Geneva from June 1 to June 9, 1950, it was reported that some difficulties had been encountered in the establishment of a regional office for Europe. Six member states had not replied to the request sent them on the subject, seven had expressed reservations, six had sent in negative replies, and only eight had indicated their approval. It was also proposed that rules of procedure of the Assembly be changed to permit the participation in discussions of representatives of the Executive Board in either plenary or committee meetings. During the biennial revision of the list of non-governmental organizations with which WHO maintained official relations, a total of eighteen were retained. The Executive Board also agreed that, while WHO was not an organization for sending supplies to governments, it was nonetheless true that supplies were occasionally indispensable to enable a government to carry out a specific program. A total of $100,000 had been thus distributed to Afghanistan, Ethiopia, Finland, India, Hashemite Kingdom of the Jordan, Monaco, Portugal, Thailand and Yugoslavia for the control of malaria and leprosy, the improvement of nursing care and similar activities.

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