Interpretation of Treaties

1929 ◽  
Vol 23 (4) ◽  
pp. 745-752 ◽  
Author(s):  
Alexander P. Fachiri
Keyword(s):  
Editorial Comment ◽  
International Law ◽  
Legal Effect

I was much struck, in reading the interesting editorial comment on the “ Interpretation of the General Pact for the Renunciation of War” in the April issue of this Journal by the observations made regarding the admissibility of extraneous evidence for the purpose of construing treaties. The learned writer expresses the view that the intent of the parties may be sought outside the text of the agreement, not only in specific reservations, but also in “ interpretations, clarifications, understandings, constructions, qualifications or actual conditions set forth during the negotiations prior to the ratification.” This position is assumed to have the clear sanction of international law and also to be intrinsically desirable. In venturing to make the following observations I am not moved by the effect of the application of this principle to the particular case of the Kellogg Pact. My own view is that, broadly speaking, the interpretations contained in the diplomatic correspondence are implicit in the text of the Pact itself and, therefore, it is not of much practical moment to determine their precise legal effect. But the broader question of the method of construction of treaties in general is, in my opinion, not only important, but one of the most vital in international law at the present time. It goes to the root of international life today, which is so largely and increasingly based upon conventional provisions, involving asit does the issue whether states are to be bound by the engagements they have embodied in a ratified written instrument, or by supposed intentions which may be sought elsewhere.

A matter of principle(s): The legal effect of impartiality and neutrality on States as humanitarian actors

2015 ◽  
Vol 97 (897-898) ◽  
pp. 157-181 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Security Council ◽  
Legal Basis ◽  
Humanitarian Action ◽  
Humanitarian Organizations ◽  
International Court ◽  
Conceptual Clarity ◽  
Legal Nature ◽  
Legal Effect ◽  
Universal Applicability

AbstractThis article examines the legal nature of the principles of impartiality and neutrality of humanitarian action, focusing on States as humanitarian actors. It argues that international law does not provide a general legal basis for the universal applicability of these principles, contrary to a common interpretation of the International Court of Justice's 1986 judgment in theNicaraguacase. Nevertheless, impartiality and neutrality may have a significant legal effect on the conduct of States. They may be directly binding on States through the operation of Security Council resolutions drafted in mandatory language. In addition, they may have indirect effect due to the States’ obligation to respect humanitarian organizations’ adherence to the principles. On the basis of this argument, the article pleads for increased conceptual clarity and, in turn, effectiveness of humanitarian action.

International Arbitral Tribunal: Award on the Merits in Dispute Between Texaco Overseas Petroleum Company/California Asiatic Oil Company and the Government of the Libyan Arab Republic (Compensation For Nationalized Property)

1978 ◽  
Vol 17 (1) ◽  
pp. 1-37 ◽  
Keyword(s):  
International Law ◽  
Arbitral Tribunal ◽  
Oil Companies ◽  
Legal Effect ◽  
History Of ◽  
The Government ◽  
Contractual Obligations ◽  
Petroleum Company ◽  
First Time ◽  
Oil Company

The following arbitral award was rendered by a sole arbitrator in connection with disputes reen the Libyan Arab Republic ("Libya") and two international oil companies arising out of rees of nationalization promulgated by Libya. This award is being reproduced herewith in entirety . The award not only considers many fundamental principles and doctrines of international law but is also unique in two major respects . For the first time in the history of international arbitration relating to economic development contracts , an arbitral tribunal held ; the injured parties were entitled to restitutio in integrum and that the sovereign s t a te obliged to perform specifically its contractual obligations with private foreign investors, iddition, the arbitral tribunal , after reviewing the legal effect in international law of the :ed Nations General Assembly resolutions concerning permanent sovereignty over natural wealth resources, concluded that such resolutions could not be used by the state to violate its :ractual obligations in commercial transactions . The remaining portion of this Introductory : will briefly describe the steps leading to arbitration , the arbitral proceedings and the ilution of the disputes.

Remarks by Robert K. Goldman

1973 ◽  
Vol 67 (5) ◽  
pp. 78-80
Author(s):  
Robert K. Goldman
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Legal Proceedings ◽  
Minimum Standards ◽  
Legal Effect ◽  
Ownership Rights ◽  
Equity Position ◽  
El Teniente

Since Mr. MacCrate has traced the events in Chile which have lead Braden to institute legal proceedings in Europe to recover its allegedly confiscated copper and their proceeds, I think it important to state the legal theory upon which the company is basing its actions. Braden is asserting ownership rights in copper and other products derived from E1 Teniente mine on the ground that the constitutionally mandated procedures for valuating El Teniente’s assets, as applied, fell below the minimum standards required by international law and thereby resulted in the confiscation of Braden’s equity position in El Teniente. Accordingly, the Company argues that any rights acquired by Chile by virture of the nationalization are without legal effect.

Agency in International Law

1940 ◽  
Vol 34 (4) ◽  
pp. 638-660 ◽  
Author(s):  
Angelo Piero Sereni
Keyword(s):  
International Law ◽  
The Other ◽  
Legal Effect ◽  
Legal Consequences ◽  
As If

I. In the field of international law every subject generally acts in person, through its own organs, without resorting to cooperation with other subjects. However, international practice shows that members of the community of nations sometimes act on behalf of other members, with the legal effect that the transactions performed by the acting subject in the name and for the account of the other have for the latter the same legal consequences as if it had acted in person. This happens, for example, when a state, duly authorized, concludes through its own organs a treaty for another state: the latter is thus bound by the treaty exactly in the same way as if it had concluded the treaty itself, through its own organs. This legal phenomenon implies a split between the immediately acting international person and the person to whom the legal effects of these acts are imputed.

scholarly journals DOMESTIC LAW AND INTERNATIONAL LAW IN BRAZIL

2018 ◽  
Vol 4 (5-6) ◽  
pp. 197-222
Author(s):  
Ana Cristina Paulo Pereira ◽  
Eraldo Silva Júnior
Keyword(s):  
International Law ◽  
Know How ◽  
Legal Effect ◽  
Critical Issues ◽  
International Obligations ◽  
Theoretical Question ◽  
International Conventions ◽  
The Impact ◽  
The Relationship ◽  
Domestic Law

International law, which main sources are agreements and international conventions, is increasingly present in internal affairs in such way that it is difficult to imagine an area of national law which has not been affected in some way by standards imposed by agreements. But how and to what extent international law will be applied internally will depend on the way in which States comply with their international obligations. Therefore, it is essential to know how States bestow domestic legal effect to their agreements. The theoretical question about the relationship between domestic law and international law is usually presented on the basis of dualistic (or pluralistic) and monistic theories, that can not, however, comprehensively cover all aspects of this relationship. The Constitution of the Federative Republic of Brazil recognizes, yet indirectly, international agreements as part of domestic law, but left important aspects related to its application without answers. Thus, the Brazilian judiciary has faced critical issues relating to the impact of agreements in domestic law, particularly regarding its duration, effects and hierarchical position. Despite the Brazilian judicial performance, legal uncertainties regarding the matter persist, which will be exposed in this article.

The End - or a New Beginning? The EU/UK Withdrawal Agreement

2020 ◽  
Author(s):  
Steve Peers
Keyword(s):  
Northern Ireland ◽  
International Law ◽  
Dispute Settlement ◽  
New Beginning ◽  
Legal Effect ◽  
The Eu

Abstract The Brexit withdrawal agreement is full of tensions between EU and international law, and mixes together provisions winding down the UK's membership and continuing the EU/UK relationship—culminating in the confused and incomplete provisions on Northern Ireland. This paper analyses the key elements of the agreement, including its legal effect, dispute settlement provisions, and rules on UK and EU citizens' acquired rights.

Analysis on the Legal Nature of ‘Responsibility to Protect’

2020 ◽  
Vol 57 (3) ◽  
pp. 279-295
Author(s):  
Hui-Chol Pak ◽  
Hye-Ryon Son ◽  
Son-Kyong Jong
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Responsibility To Protect ◽  
Military Interventions ◽  
The West ◽  
Humanitarian Crisis ◽  
Legal Nature ◽  
Legal Effect ◽  
Sceptical View ◽  
Different Parts

At present, some states are undertaking military interventions in different parts of the world, contending the ‘legitimacy’ of their i006Evocation of responsibility to protect civilians from a humanitarian crisis. Discussions at international forums concerning the concept of Responsibility to Protect (R2P) are inconclusive about its legal nature and application. While some scholars and states support the doctrine of R2P as being legitimate, others challenge or take a rather sceptical view. Divergent views seem to be originating from its incompatibilities with the rules of international law, including the Charter of the United Nations. What is controversial is that the supporters of R2P are mainly from the West, while objections to R2P are from developing countries mainly from West Asia or Africa. This raises concerns about the possibility of future applications of R2P in any of the countries in these regions or other developing countries. The article, analyses the legal nature of R2P in terms of the main principles of international law and other sources of international law and argues that the legitimacy and international legal effect of R2P are uncertain.

A Hesitant Embrace: The Application of International Law by Canadian Courts

2003 ◽  
Vol 40 ◽  
pp. 3-60 ◽  
Author(s):  
Jutta Brunnée ◽  
Stephen J. Toope
Keyword(s):  
International Law ◽  
International Norms ◽  
Legal Order ◽  
Legal Effect ◽  
Potential Impact ◽  
Treat All ◽  
The Relationship ◽  
Domestic Law ◽  
Over Time ◽  
Do So

SummaryCanadian courts are approaching the task of mediating the relationship between international law and domestic law with newfound energy. Yet, for all their declared openness to international law, courts are still inclined to avoid deciding cases on the basis of international law. This does not mean that international law is given no effect or that its broad relevance is denied. The avoidance strategy is more subtle: even when they invoke or refer to international law, Canadian courts generally do not give international norms concrete legal effect in individual cases. Although international law is brought to bear on a growing range of questions, its potential impact is tempered — and we fear largely eviscerated — because it is merely one factor in the application and interpretation of domestic law. Within the Canadian legal order the question of “bindingness” of international law is closely intertwined with the manner in which it comes to influence the interpretation of domestic law. In the case of norms that are binding on Canada under international law, Canadian courts have an obligation to interpret domestic law in conformity with the relevant international norms, as far as this is possible. By contrast, norms that do not bind Canada internationally (for example, soft law or provisions of treaties not ratified by Canada) can help inform the interpretation of domestic law and, depending on the norm in question and the case at issue, may even be persuasive. Courts may, and in some cases should, draw upon such norms for interpretative purposes, but they are not strictly speaking required to do so. However, especially following the Supreme Court’s decision inBaker, there appears to be a trend towards treating all of international law, whether custom or treaty, binding on Canada or not, implemented or unimplemented, in the same manner — as relevant and perhaps persuasive, but not as determinative, dare we say obligatory. Our concern is that if international law is merely persuasive, it becomes purely optional, and can be ignored at the discretion of the judge. We argue that it is not enough to treat all normative threads in this fashion — over time this approach risks weakening the fabric of the law.

Opinions of the Mixed Claims Commission, United States and Germany (Part II)

1926 ◽  
Vol 20 (1) ◽  
pp. 69-80
Author(s):  
Edwin M. Borchard
Keyword(s):  
United States ◽  
Editorial Comment ◽  
International Law ◽  
Present Article ◽  
The Government

The Mixed Claims Commission, United States and Germany, is nearing the completion of its labors. It has considered about 12,000 claims, of which about 7,000 have been entirely disallowed. The claims as originally instituted amounted to some $1,480,000,000, including the government claim for reimbursement of Rhine Army costs, a claim not pressed. The awards to American citizens and corporations will amount, it is estimated, to about $125,000,000 principal and about $50,000,000 interest (to January, 1926), a total of about $175,000,000; the government's claims for subrogation as an insurer on maritime losses, for lost Shipping Board vessels, and in the Veterans’ Bureau, will amount, with interest, to about $60,000,000. Considering that the treaty under which these awards were made established rules of liability and damages widely exceeding the rules of international law, the ratio between awards and claims is probably not far in excess of the average, which is comparatively small. It may also be said that the commission, dealing with 12,000 claims in approximately three years, has established a record for speedy adjudications never before achieved. A critique of the decisions and opinions of the commission down to January, 1925, was essayed in an editorial comment published in this Journal, Volume XIX, p. 133. The present article will undertake to consider the decisions and opinions rendered during 1925. These practically conclude the decisive judicial work of the commission.

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