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.

scholarly journals Treaty-Making Capacity of  Components of Federal States from the Perspective of the Works of the UN International Law Commission

2018 ◽  
Vol 5 (2) ◽  
pp. 9
Author(s):  
Karol Karski ◽  
Tomasz Kamiński
Keyword(s):  
International Law ◽  
Federal State ◽  
Vienna Convention ◽  
International Treaties ◽  
Federal States ◽  
The Subject ◽  
The Law ◽  
Formed Part ◽  
International Law Commission ◽  
Law Commission

The submitted paper concerns the treaty-making capacity of components of federal (non-unitary) states. As the division of powers in respect to the conclusion of international treaties between a federal state and its components is based on the provisions of internal federal law, the authors decided to start the consideration of the topic with the presentation of selected appropriate internal law regulations of federal states. Although the study concentrates on an analysis of Swiss and German constitutional rules on the subject, the provisions of i.a. Belgian, US and Canadian law are also commented upon. Therefore it apparently seems to be an important legal question.The treaty-making capacity of components of federal (non-unitary) states was comprehensively discussed during the International Law Commission preparatory works on the regulation on the law of treaties. The provisions dedicated to that issue formed part of the reports prepared by each of the ILC Special Rapporteurs on the subject. The paper presents the draft propositions submitted by them, the views of ILC members, and responses received from states.The final draft of ILC articles on the law of treaties contained a paragraph concerning the issue at stake (than art. 5 § 2 of the draft) stipulating that member states of a federal union may possess such capacity only if such capacity is admitted by the federal constitution and within the scope defined therein. Nevertheless, this issue was omitted in the 1969 Vienna Convention on Law of Treaties (VCLT). Art. 6 of the VCLT on the capacity of States to conclude treaties does not mention the rights of components of federal states. It consists of one paragraph simply stating that every State possesses the capacity to conclude treaties. And the term ‘state’ for the purposes of that regulation possesses the same meaning as i.a. in the Charter of the United Nations, that is a State for the purposes of international law, or a state in the international meaning of that term.This does not mean however that territorial units forming a part of a federal state cannot conclude international agreements. But, this issue depends both on the provisions of internal law of the given state and on the practice of the states recognising the potential rights of the components of the federal (non-unitary) states in respect to conclusion of the treaties.

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.

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.

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.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 39 United Arab Emirates: Emirati Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Bälz Kilian
Keyword(s):  
International Law ◽  
United Arab Emirates ◽  
Civil Code ◽  
International Standards ◽  
Federal State ◽  
Private International Law ◽  
International Treaties ◽  
Federal Law ◽  
The Hague ◽  
The Law

This chapter presents Emirati perspectives on the Hague Principles. The United Arab Emirates (UAE) are a federal State that was established in 1971. Private international law, civil procedure, and arbitration all are federal matters that are covered by federal laws. Private international law is codified in a section of the UAE Civil Code (Federal Law No 5 of 1985) that deals in Articles 10 to 28 with ‘The application of the law regarding the place’. The section also contains the conflict of law rules applicable to international commercial contracts. The statutory provisions of the Civil Code are, in practical terms, the most important source of law when determining the law applicable to an international contract in the UAE. According to Article 22 of the Civil Code, international treaties, to the extent they apply, override the provisions of municipal law. Moreover, Article 23 of the Civil Code provides that in the absence of any statutory provision, ‘the [general] principles of private international law’ shall apply. This provides the UAE courts with the option to make reference to international standards such as the Hague Principles.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 49 Turkey: Turkish Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Ekşi Nuray
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
International Treaty ◽  
Foreign Nationals ◽  
Procedural Law ◽  
Commercial Code ◽  
Turkish Commercial Code ◽  
The Hague ◽  
Nationality Law

This chapter explores Turkish perspectives on the Hague Principles. The content of Turkish Private International Law is highly comprehensive. In addition to choice of law and international procedural law, it also covers nationality law, as well as the law on foreign nationals. Private international law rules and issues regarding international procedural law are codified in Law No 5718 on Private International Law and Procedural Law (PILA), which has been in force since 2007. Besides the PILA, the Turkish Commercial Code contains conflict of laws rules regarding bills of exchange, checks, and promissory notes. According to Article 1(2) PILA, the application of international treaties ratified by Turkey takes priority over the application of PIL rules. Consequently, in each case, the court, before taking into account PILA’s Articles, has to determine whether any international treaty exists regarding international commercial contracts. If an international treaty exists, then it takes priority unless otherwise expressed in the treaty itself. For the time being, the Turkish Parliament has no intention to revise the PILA and supplement it with the Hague Principles.

International law

2020 ◽  
Author(s):  
Natal'ya Fedoscheva
Keyword(s):  
Higher Education ◽  
International Law ◽  
Professional Education ◽  
Educational Institutions ◽  
Federal State ◽  
Institutions Of Higher Education ◽  
Educational Standards ◽  
International Treaties ◽  
Global Problems ◽  
State Educational

Based on current Russian legislation, international treaties, and scientific research, the textbook examines in detail the main concepts, categories, branches, and institutions of modern international law. The content of the manual covers the basic conceptual and terminological apparatus of international law and the main problems of its application and interpretation. Special attention is paid to the global problems of our time. Meets the requirements of the Federal state educational standards of higher education of the latest generation. For students of educational institutions of higher education studying in the direction of training 40.03.01 "Jurisprudence", as well as for graduate students, students of the system of additional professional education, teachers and anyone interested in the development, improvement and implementation of international law.

scholarly journals Federalism in Pakistan: A Conflict Management Tool to Manage Ethnic Diversities (2002-2012)

2020 ◽  
Vol V (III) ◽  
pp. 96-104
Author(s):  
Muhammad Imran ◽  
Mughees Ahmad ◽  
Zab Un Nisa
Keyword(s):  
Conflict Management ◽  
Federal Government ◽  
Ethnic Groups ◽  
Ethnic Diversity ◽  
Power Sharing ◽  
Management Tool ◽  
Federal State ◽  
Dimensional System ◽  
Federal System ◽  
Federal States

Federations can be different at the level of centralism and in practices of governance. Due to such idiosyncratic features, states can be considered as centralized on the basis of the powerful federal government at the centre or decentralized because of the implementation of the theory of devolution of power and majoritarian federations due to the influential position of majority ethnic groups of the society. Certain federal states can apply a multi-dimensional system of governance, power and authority, while some other states can ascent more centralized and powerful governance. Some scholars alleged that the capability of the Federal state to meet the issue of ethnic diversity diverges transversely to its commitments and different structures. The aforementioned is further claimed that “a formal federal system functions in practice as a unitary system; the system's capacity is not according to the needs to accommodate ethnic and national cleavages” (Kohli, 2004). On the basis of such suggestions, this research paper endeavors to examine federalism as a tool to manage ethnic diversities in Pakistan. This paper argues that a more effective paradigm of the power sharing mechanism can be fruitful to enable federalism in Pakistan to manage ethnic diversities more exclusively.

scholarly journals Blame the Drafter or the Treaty? Towards Uniformity in the Implementation of Treaties in Domestic Law.

2021 ◽  
Author(s):  
◽  
Dara Lenetha Ayanna Modeste
Keyword(s):  
Best Practices ◽  
International Treaties ◽  
International Treaty ◽  
Domestic Courts ◽  
Different Types ◽  
Treaty Implementation ◽  
Structured Approach ◽  
Domestic Law ◽  
Implementation Technique

<p><b>Domestic courts are often confronted with circumstances in which their interpretation of municipal legislation which purports to implement an international treaty differs significantly from that of other jurisdictions that have implemented that same treaty. States parties often come to realise these differences when they are called upon to cooperate in facilitating the execution of the relevant treaty. This is clearly undesirable as it defeats the purpose of treaty negotiation which is to attain consistency in approach amongst states parties.</b></p> <p>This dissertation proposes a solution to that problem. It is based on the hypothesis that uniformity in the drafting techniques used to implement different types of international treaties will eliminate, or at least reduce, the incidence of domestic legislation's deviating from the true intentions of the treaty it proposes to implement. The dissertation tests this hypothesis by examining the approach taken by different jurisdictions in implementing selected treaties. The study reveals that there is merit to the hypothesis. However, there are several factors which determine which drafting technique will best implement the terms of a treaty in a particular jurisdiction. Therefore, the same implementation technique may not be suitable for all contracting states. What is required is a structured approach to treaty implementation. This comes with an appreciation of the factors that will indicate and should be used to determine which drafting technique is the most suitable.</p> <p>By way of solution to the problem posed, a guide is formulated. It provides a set of best practices for treaty implementation.</p>

Ambivalent Self-Determination

2021 ◽  
pp. 280-294
Author(s):  
Maria Cahill
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Self Determination ◽  
International Treaties ◽  
International Treaty ◽  
Atypical Case ◽  
Correct Procedure ◽  
The Eu

This chapter focuses on the interface between international law and Irish constitutionalism. Part I examines how Ireland achieved constitutional self-determination first on the basis of and then in violation of an international treaty. The remainder of the chapter concentrates on the place of international law within the framework provided by the 1937 Constitution. Part II highlights how constitutional law has, in general, required that international treaties may neither displace the content of the Constitution nor curtail the competences of the legislature or the courts; as such, it seeks to preserve self-determination as substantive constitutional integrity. Part III focuses on the atypical case of the EU, for which the concept of self-determination used is consciously ambivalent about substantive constitutional integrity, tolerating significant compromises as long as they are made using the correct procedure: in other words, self-determination is reconceived as procedural constitutional integrity.

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