Draft model clauses on provisional application of treaties

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv

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.


2020 ◽  
Vol 10 (2) ◽  
pp. 253
Author(s):  
Munawar - Rahmat ◽  
M. Wildan Yahya

The students of Indonesia University of Education (UPI) and Bandung Islamic University (UNISBA) typically practice religion as it was received from their parents and socio-religious environment. They Salat, which is the main prayer of Islam, simply abort their obligations, and after praying, immediately leave their prayer mats without making dhikr or remembering God first. Furthermore, they do not understand khushu` Salat, which involves remembering God throughout the prayer, along with the meaning of dhikr, and the importance of a Murshid, which is the Grand Shaykh of Sufi Order. They also view Sufism as non-Islamic teaching and are cynical about the practitioners. Therefore, this study aims to examine the effectiveness of the Sufistic learning model in Islamic Religious Education to improve students’ understanding of these teachings in a substantive and tolerant manner. This research used an R&D approach, and the stage that was performed involved the preparation of a draft model and associated trials. Meanwhile, the learning used the madhhab typology approach of the Sufi and Shari`a Islamic models. The trial results showed that the Sufistic approach was effective in increasing students’ understanding of Islamic teachings in a substantive and tolerant manner. Before learning, students were unaware of Sufi Islam and viewed it as a foreign influence. Also, they did not understand khushu` prayers, comprehend the importance of dhikr, nor that of learning from Murshid. After learning, they understood Sufism, accepted the teachings and did not consider them to be foreign influences, and also recognized Islam in a substantive and tolerant manner. Therefore, the Sufism approach is improving the quality of religion and tolerance of students, with the implication that the model is an alternative in learning Islamic education at universities.Objective: This study aims to examine the effectiveness of the Sufistic learning model in Islamic Religious Education to improve students’ understanding of Islamic teachings in a substantive and tolerant manner.Methods: A research and development (R&D) approach, which was performed in the preparation of a draft model and associated trials, was used. Meanwhile, the learning employed the madhhab typology approach of the Sufi and Shari`a Islamic model.Results: The trial results showed that the Sufistic approach in Islamic Education was effective in increasing students’ understanding of Islamic teachings in a substantive and tolerant manner. Before learning, students unfamiliar with Sufi Islam, saw it as a foreign influence, and did not understand khushu` Salat, which involves remembering God throughout the prayer. Also, they considered dhikr, which means to remember God, and learning from Murshid as unimportant. However, they understood Sufism, accepted it as Islamic teachings and not foreign influences, and recognized the religion in a substantive and tolerant manner after the learning process.Conclusion: The Sufism approach in Islamic Education has succeeded in improving the quality of religion and tolerance of students.


2019 ◽  
Vol 30 (3) ◽  
pp. 721-751
Author(s):  
Paz Andrés Sáenz De Santa María

Abstract This article examines the European Union’s (EU) treaty practice from the perspective of the international law of treaties, focusing on its most significant examples. The starting point is the EU’s attitude towards the codification of treaty law involving states and international organizations. The article discusses certain terminological specificities and a few remarkable aspects, such as the frequent use of provisional application mechanisms as opposed to much less use of reservations, the contributions regarding treaty interpretation, the wide variety of clauses and the difficulties in determining the legal nature of certain texts. The study underlines that treaty law is a useful instrument for the Union and is further enriched with creative contributions; the outcome is a fruitful relationship.


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