scholarly journals The succession of international treaties in contemporary practice

2012 ◽  
Vol 64 (2) ◽  
pp. 144-179
Author(s):  
Dusko Dimitrijevic
Keyword(s):  
Comparative Method ◽  
The State ◽  
Vienna Convention ◽  
International Treaties ◽  
Incomplete System ◽  
General Rules ◽  
Rules And Principles ◽  
The Baltic ◽  
Contemporary Practice ◽  
Law Of Succession

Succession of states is a process of substitution of state subjects concerning responsibility of international legal relations of the territory to which the succession relates to. No general rules and unwillingness of states to apply particular rules on succession often caused extreme difficulties in the past in analyzing the succession of treaty rights and obligations. As a totally incomplete system that would serve to regulate all problems caused by the change of the state territorial sovereignty in time the law of succession has manifested a tendency towards ?adjustment? of customary rules to the factual situation. The contemporary examples of dissolution of the USSR, Czechoslovakia and SFR Yugoslavia, re-unification of Germany, as well gaining of independence by the Baltic States prove the assertion mentioned above. However, succession does not always prejudice legal substitution of states with regard to their rights and obligations. The study of the legal consequences of the process of succession of states presumes the application of a comparative method in the analysis of the state practice as well as the implementation of rules and principles of international law codificated in the 1978 Vienna Convention on Succession of States in Respect of Treaties.

scholarly journals The influence of the epidemic on notary service

2021 ◽  
Vol 59 (4) ◽  
pp. 473-488
Author(s):  
Dejan Đurđević
Keyword(s):  
The State ◽  
Main Topic ◽  
State Of Emergency ◽  
General Rules ◽  
Rules And Principles

The main topic of this paper is the manner in which the notary service has been organized and provided in Serbia during the state of emergency, which was declared on March 15, 2020 due to the COVID-19 outbreak. The author gives special attention to the possibility to resolve practical problems by adherence to the general rules and principles of the notary service (especially the rules on stay of non-contentious proceedings). The author also examines the contents and applicability of the recommendations issued by the Ministry of Justice of Serbia during the state of emergency.

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 Dopuszczalność „złotej akcji” w polskim systemie prawa spółek

2017 ◽  
Vol 21 ◽  
pp. 167-176
Author(s):  
Tomasz Piotrowski
Keyword(s):  
Present Article ◽  
The State ◽  
Company Law ◽  
Stock Company ◽  
Golden Share ◽  
General Rules ◽  
Rules And Principles

The admissibility of the “golden share” in Polish stock companyThe present article is devoted to admissibility of the “golden share” in Polish stock company. The current legislation does not explicitly allow or prohibit the existence of this statutory instrument. The article considered the possibility of granting such special privileges both as a shareholding privilege and as a personal right granted to a shareholder. The admissibility of these concepts has been assessed on the basis of the rules and common rules of company law, as well as the concepts incompatible with them has been criticised. In addition, the issue of statutory “gold shares” of the State Treasury, which grants the relevant minister a right to object to the specific decisions of the company, is outlined. Regulations and concepts under the current and previous law has been compared, as well as the above solutions were compared with the general rules and principles of company law.

scholarly journals TERRITORIAL APPLICATION OF INTERNATIONAL TREATIES

2017 ◽  
Vol 3 (3) ◽  
pp. 119-125
Author(s):  
Саяна Бальхаева ◽  
Sayana Balkhaeva
Keyword(s):  
The State ◽  
Vienna Convention ◽  
International Treaties ◽  
International Treaty ◽  
Scope Of Application ◽  
Detailed List ◽  
The Subject ◽  
Overseas Territories

The article is devoted to research on the territorial application of international treaties. This author examines a number of particularities arising in treaty practices of individual states. These particularities are due to the fact of possessing overseas territories. In this case, in the absence of the treaty provisions on its territorial effect the extension of treaty provisions for a certain territory of the state is carried out by means of a unilateral statement when the state is expressing its consent to be bound. Thus, they either extend the scope of application of the treaty in respect of a certain territory or exclude it from its scope. The various types of treaty provisions regulating the territorial scope of a treaty (territorial positions) are discussed in the article. Among them are the general provisions of a treaty relating to the territorial application. These provisions provide that any party of a treaty may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories in respect which are the subject of a treaty. Also in the treaty practice of states there are special treaty provisions relating to the territorial application. They contain a detailed list of territories in respect of which the relevant treaty is, or is not applicable. The author indicates the need to distinguish between territory that is the object of a relevant international treaty and the territory in respect of which the treaty is binding for the application, as the provisions of article 29 of the Vienna Convention only applies to the latest variant. Also the author notes the need to distinguish between the territorial application of an international treaty and separate protocols to it. They should be treated as separate documents as each of them can have a different territorial application, depending on the presence of territorial provisions and their wording.

Eurasian Economic Union: A sober look

2016 ◽  
pp. 43-60 ◽  
Author(s):  
E. Vinokurov
Keyword(s):  
The State ◽  
Customs Union ◽  
Macroeconomic Policies ◽  
Member States ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Ongoing Work ◽  
General Rules ◽  
Economic Union ◽  
Trade And Investment

The paper appraises current progress in establishing the Customs Union and the Eurasian Economic Union (EAEU). Although the progress has slowed down after the initial rapid advancement, the Union is better viewed not as an exception from the general rules of regional economic integration but rather as one of the functioning customs unions with its successes and stumbling blocs. The paper reviews the state of Eurasian institutions, the establishment of the single market of goods and services, the situation with mutual trade and investment flows among the member states, the ongoing work on the liquidation/unification of non-tariff barriers, the problems of the efficient coordination of macroeconomic policies, progress towards establishing an EAEU network of free trade areas with partners around the world, the state of the common labor market, and the dynamics of public opinion on Eurasian integration in the five member states.

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.

Documents from the State Archive of the Orel Region as a Source for Studying Peasant Legal Sense in Early 20th Century

2018 ◽  
pp. 98-108
Author(s):  
Vadim V. Kulachkov ◽  
Keyword(s):  
20Th Century ◽  
Comparative Method ◽  
Arable Land ◽  
The State ◽  
Early 20Th Century ◽  
State Archive ◽  
Public Authorities ◽  
Agrarian Question ◽  
Archival Documents ◽  
Legal Sense

The article studies documents from the State Archive of the Orel Region (GAOO) as an important source for studying the sense of justice of the Oryol gubernia peasants in early 20th century. Introduction of new archival materials allows to flesh out our knowledge and to produce a true-to-life picture of the Oryol peasants’ way of life. The peasant origins of the majority of the population necessitate a comprehensive study of peasant legal consciousness. Historical legacy is pertinent to present day, and forgetting its lessons is fraught with consequences. Evolution of modern Russian statehood hedges on its historical and legal traditions. The article studies documents in the fonds of public authorities, police, gendarmerie, courts, and prosecution offices. Introduction of new materials of public authorities, police, gendarmerie, courts, and prosecution offices into the scholarship promotes the analysis of the evolution of peasant legal sense in early 20th century. The chronological framework of the article is limited to the period from 1900 to 1917, its territorial framework is limited to the Oryol gubernia in its pre-revolutionary borders. The article studies reports, dispatches, and circular letters using the comparative method. The intensification of peasant protest was incidental to the first Russian revolution of 1905-1907 – the peasants hoped to force the government to settle the agrarian question, wherein lay the crux of their interests. As peasants of the Oryol gubernia suffered from shortage of arable land, antimonarchical sentiments gained momentum and translated a growing number of trials for contempt of the Emperor. Illegal literature spreading among the peasants, further radicalized them, and the authorities grew more and more hesitant in their assessment of peasant loyalty, which is quite intelligible in the archival documents. Thus, the use of new archival documents in addition to published materials promotes the scholarship on the peasant legal sense.

A review of Fellner and Hill’s “Word families, allofams, and the comparative method”

2019 ◽  
Vol 48 (2) ◽  
pp. 154-158 ◽  
Author(s):  
Graham THURGOOD
Keyword(s):  
State Of The Art ◽  
Comparative Method ◽  
The State ◽  
Comparative Linguistics ◽  
Word Families ◽  
Working Out

Abstract Fellner and Hill (this volume) argue that the recourse to the notion of word families has prevented scholars specializing in Sino-Tibetan comparative linguistics from working out regular sound correspondences. This paper disputes this evaluation of the state of the art in the field, and suggests that F&H’s appraisal is due to severe misunderstandings.

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.

National Historical Myth as an Element of the Baltic States’ Strategic Cultures: Examining Postage Stamps

Istoriya ◽  
2021 ◽  
Vol 12 (7 (105)) ◽  
pp. 0
Author(s):  
Vladislav Vorotnikov
Keyword(s):  
The State ◽  
Historical Narrative ◽  
Baltic States ◽  
Political Class ◽  
Semiotic Model ◽  
Contemporary Politics ◽  
Postage Stamps ◽  
Relative Proximity ◽  
The One ◽  
The Baltic

The article examines the structure of national historical mythology of the Baltic states (Estonia, Latvia, Lithuania) with an emphasis on the foreign policy dimension based on the analysis of their issues of the postage stamps. Since issuing of the postage stamps is a product of consensus between the state and civil society, their topics and images presented on them, on the one hand, may be considered as a part of the semiotic model of the state image, thus reflecting its stance on processes, events, phenomena or personalities of the past and the present and, accordingly, shaping, transforming or supporting a certain nation-forming mythology or state ideology; on the other hand, they reflect mass perceptions of the dominant national historical narrative, and often the priorities of contemporary politics. Due to the specifics of the Baltic states’ history and the dominant values and ideology of their political class, the mainstream historical narrative is inevitably turned outward, that makes the analysis of its main elements extremely operational in the study of their strategic cultures. The article proposes the author's attitude to categorizing and highlighting the main chronological and thematic elements of the arrays of postage stamps of Latvia, Lithuania and Estonia from 1990 to 2020. On the basis of discourse and selective iconographic analysis, the key elements of national historical narratives and their coherence with the foreign political positioning and strategies of the Baltic states are identified and analyzed. A comparative analysis of the three country cases allows us to pinpoint their relative proximity as well as some specific features.

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