scholarly journals WTO AGREEMENTS: WAYS OF INTERPRETATION

2021 ◽  
Vol 117 (4) ◽  
pp. 17-25
Author(s):  
TYSHCHENKO Yuliia
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Legal Interpretation ◽  
International Treaties ◽  
Historical Interpretation ◽  
Theoretical Methods ◽  
Legal Norms ◽  
Trade Relations ◽  
Teleological Interpretation ◽  
Wto Agreements

Background. The most of the world’s trade relations are governed by uniform rules that form the legal basis of the WTO. Member states sometimes have different understanding of the content of their rights and obligations, which are in the WTO agreements. This gives rise to controversy between them. To reduce the number of disputes between states, they should use uniform ways of interpreting WTO agreements. Analysis of recent research and publications has revealed that the interpretation of WTO legal sources has not been the subject of a separate study, therefore, requires clarification. The aim of the article is to identify and theoretically comprehend the main ways of interpreting the WTO agreements. Materials and methods. The set of general scientific and special methods of scientific research is chosen as the methodological basis. Results. WTO law consists of legal norms and the general rules of interpretationof the theory of law are applied to clarify their meaning. The legal sources of the WTO are the sources of public international law. Therefore, for the interpretation of the norms of this organization, the methods of international law are primarily used. The main source of rules for the interpretation of international treaties is the 1969 Vienna Convention on Treaties. The Agreement on the Rules for the Settlement of Disputes specifies that the usual rules of interpretation of international law are applied to clarify the rules of WTO agreements. Thus, for the interpretation of WTO agreements, the rules enshrined in the Vienna Convention and other methods of interpretation used in international law are applied. Articles 31, 32 of the Convention provide for such methods of interpretation as textual, teleological interpretation, clarification of the meaning of the term of the contract by establishing the intentions of the participants and historical interpretation. It is worth adding to the list of ways of interpreting WTO law such general theoretical methods as logical, systematic, special legal interpretation, etc. Conclusion. So, the methods of interpretation of the WTO agreements include textual, teleological, historical interpretation, the interpretation of norms by clarifying the intentions of the parties to the treaty, as well as general theoretical methods of interpretation. Keywords: legal interpretation, methods of interpretation, textual, teleological, historical interpretation, intentions of the parties, WTO agreements.

scholarly journals International legal analysis of privileges and immunities of the Eurasian Economic Union (selected customs aspects)

2021 ◽  
Vol 12 (3) ◽  
pp. 676-692
Author(s):  
Natalia A. Vorontsova ◽  
Keyword(s):  
International Law ◽  
International Standards ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Legal Analysis ◽  
International Treaties ◽  
Legal Norms ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

International treaties on both general and special issues, adopted at the universal, regional and bilateral levels, provide a variety of legal mechanisms for the cooperation of States in one of the branches of international law — international customs law. Here there is a very specific set of international legal norms, of course, corresponding to general international law and at the same time introducing its own characteristics. The article provides an analysis of the privileges and immunities that are within the competence of customs administrations. In particular, the author considers the so-called “customs privileges” provided to a certain category of persons in the Eurasian Economic Union (hereinafter referred to as EAEU or Union). The article analyzes the customs aspect of the EAEU law and the relevant provisions of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 regarding the procedure for granting privileges and immunities to certain categories of people, the movement of diplomatic mail and the consular bag. In addition, the practice of the Russian Federation on the above-mentioned issues is described. The relevance of the research topic is due to the adoption of the new EAEU Customs Code in 2017, which has undergone significant changes in terms of customs regulation of the provision of immunities and privileges for a certain category of persons, the legal analysis of which requires correlation with international standards in this field adopted earlier. The peculiarities of customs regulation within the framework of the EAEU, regarding the granting of immunities and privileges to certain categories of persons, are pointed out and adherence to their norms of international law is noted.

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.

The Influence of Utopian Projects on the Interpretation of International Law and the Healthy Myth of Objectivity

2018 ◽  
Vol 60 (1) ◽  
pp. 515-538
Author(s):  
Severin Meier
Keyword(s):  
World War I ◽  
International Law ◽  
Legal Theory ◽  
Social Darwinism ◽  
Legal Interpretation ◽  
World War ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Critical Legal Theory ◽  
State Consent

Social Darwinism as a utopian project had a decisive influence on the interpretation of the ius ad bellum before World War I. This contribution tries, among others, to draw parallels to the way today’s utopian visions of democracy and the rule of law affect international law. Approaches to legal interpretation influenced by critical legal theory are used to explain how such extra-legal considerations can play a role in the interpretation of international legal norms. Such approaches maintain that international law cannot be objective, i.e. simultaneously based on State consent and on extra-consensual standards. The article further asks how international law should be understood if it cannot be objective. In other words, it discusses the practical consequences if international law has to rely on extra-legal considerations, such as the belief in Social Darwinism or the desire to spread democracy, in order to reach solutions to legal problems. It is argued that upholding the belief in international law’s objectivity is preferable to its alternatives.

The Principle of "Effectiveness" in the Recent Jurisprudence of the European Court of Human Rights: Its Different Dimensions and Its Consistency with Public International Law – No Need for the Concept of Treaty Sui Generis

2010 ◽  
Vol 79 (2) ◽  
pp. 245-277 ◽  
Author(s):  
Daniel Rietiker
Keyword(s):  
Human Rights ◽  
International Law ◽  
Point Of View ◽  
European Convention ◽  
Vienna Convention ◽  
Four Dimensions ◽  
European Court ◽  
Different Dimensions ◽  
International Legal System ◽  
Teleological Interpretation

AbstractThe recent past has shown an ever-growing fragmentation of the international legal system where lawyers and judges are facing more and more the phenomenon of the same legal question being discussed in different fora. This is particularly the case in the field of human rights that entails the dispersal of responsibilities for interpretation of numerous instruments among various different judicial and quasi-judicial bodies, of both universal and regional nature. In order to secure coherence and legal certainty in the system, it is important to respect a set of principles and rules of general international law, in particular Articles 31–33 of the 1969 Vienna Convention of the Law of Treaties (VCLT). The first goal of this article is to analyse whether the Court applies the rules of the VCLT to the interpretation of the European Convention on Human Rights (ECHR). Secondly, assuming that the VCLT fully applies, it will be analysed whether Article 31(1) VCLT is flexible enough to allow nevertheless some leeway for the development of specificities, especially as a result of the particular nature of the ECHR. Thirdly, it will be shown that the Court has indeed developed a set of specific methods of interpretation, aiming to render the rights enshrined in the ECHR effective. From the author's point of view, they can all be regarded as sub-forms (or partial aspects) of the teleological interpretation. He distinguishes between four dimensions of the principle of "effectiveness".

A Short Excursus into the Issue of Consular Law with an Emphasis on the National Legislation of the Czech Republic

2021 ◽  
Vol 36 (36) ◽  
pp. 156-171
Author(s):  
Aleš Zpěvák ◽  
Jiří Víšek
Keyword(s):  
Czech Republic ◽  
International Law ◽  
Administrative Law ◽  
Vienna Convention ◽  
The Czech Republic ◽  
Public International Law ◽  
National Legislation ◽  
Legal Norms

Consular law is a set of norms governing the establishment of consular relations and opening consular offices of another state. This is a branch of law that is not unambiguously classified, falling both under international law and national law. It is a highly consolidated, incorporated, and also a recently codified branch of public international law in which the international element undoubtedly dominates. Under the surface, however, one can find more or less highly developed national legislation (German consular law, Italian consular law) which is not a mere concession to international legal norms (especially the Vienna Convention on Consular Relations) but are often separate sets of norms, collected into other directly related, linked to or even closely related national legislation. Given the functions performed by the consular post and the organisational integration of consular authorities into the system of state bodies, it is subsequently possible to classify national consular law into the branch of administrative law.

scholarly journals The impact of armed conflict on the effects of international treaties

2020 ◽  
pp. 396-400
Author(s):  
Vyacheslav Tienieshev
Keyword(s):  
International Relations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Vienna Convention ◽  
International Treaties ◽  
Progressive Development ◽  
The Stability ◽  
Number Of Parties ◽  
The Impact

In the science of international law, different views are expressed on the nature of the impact of war on international treaties. It should also be noted that there is no strict consistency on this issue and in the practice of international relations. This was one of the reasons for the lack of relevant provisions in the Vienna Convention on the Law of Treaties. Some definite understanding of the content of existing customary norms and trends in the progressive development of international law is given by the Articles of the United Nations Commission on International Law on the Consequences of Armed Conflicts for International Treaties. The basic principle enshrined in the Articles is that the existence of an armed conflict ipso facto does not terminate or suspend treaties between States Parties to that conflict or between a State Party to an armed conflict and a State which is not a Party to it. This principle is intended to promote the stability of international relations. The following factors should be considered when deciding whether to terminate, withdraw from, or suspend an armed conflict in the event of an armed conflict: a) the nature of the contract - in particular its subject, object and purpose, its content and the number of parties to the contract; (b) The characteristics of an armed conflict, such as its territorial distribution, scale and intensity, its duration and, in the case of a non-international armed conflict, also the degree of external involvement. The developers of the Articles have tried to provide an indicative (and therefore inexhaustible) list of types of contracts, the subject of which is to extend their validity. The categories of contracts included in the indicative list caused a great deal of disagreement. The intention to terminate the treaty shall be communicated to the other States Parties or the depository of the treaty. The termination or suspension of a treaty as a result of an armed conflict in no way affects the obligation of the State to fulfill the obligations enshrined in the treaty, which also exist in accordance with international law, regardless of this treaty. Following the termination of an armed conflict, unless otherwise agreed by the parties, the suspension of the suspended agreements may take place with the agreement of the States concerned. Obviously, customary international law has developed a set of rules regarding the impact of armed conflict on treaties. Armed conflict in modern international law ipso facto does not terminate or suspend existing treaties, even though a number of them may be terminated or suspended in view of their nature. In this regard, it can be said that the regulation of treaties in the event of armed conflict aims at the maximum possible preservation of legal relations between the states.

scholarly journals Analisis Vienna Convention 1969 Mengenai Ketentuan Pembatalan, Pengakhiran dan Penundaan Atas Suatu Perjanjian Internasional

2019 ◽  
Vol 6 (2) ◽  
pp. 108
Author(s):  
Fidelia Fidelia ◽  
Syahmin Awaludin Koni ◽  
Dedeng Zawawi
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
International Treaties ◽  
International Treaty ◽  
Differences Of Opinion ◽  
Binding Power

In the 1969 Vienna Convention on International Treaties, the provisions concerning the conditions for suspension, invalidity, termination of an international treaty turned out to contain provisions exceeding one third or 40 percent of the total number of the total Convention as many as 31 articles out of 85 articles starting from article 42 to article 72. where the provisions -these provisions have led to disputes and differences of opinion so that consensus is difficult to achieve at the time. This study aims to reveal the background or reasons why so many provisions regarding suspension, invalidity, and termination in the 1969 Vienna Convention are needed that can actually reduce the binding power of international treaties. This research is a normative juridical study, and is analytical descriptive. After careful research, it was found that the International Law Committee which formulated this convention had deliberately arranged it in such a way that it would cancel, terminate or suspend the implementation of an international treaty, no longer looking for reasons other than based on the reasons specified in The 1969 Vienna Convention.

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.

scholarly journals DISTINCTION BETWEEN TRANSACTIONS REQUIRING AND NOT REQUIRING PERCEPTION: GROUNDS AND SIGNIFICANCE

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 160-176
Author(s):  
Юрий Сергеевич ПОВАРОВ
Keyword(s):  
Legal Interpretation ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Legal Norms ◽  
Scientific Potential ◽  
The Law

The proposed scientific grouping of transactions into those requiring and not requiring perception has not been systematically reflected in Russian civil legislation; moreover, the scientific potential of this classification is often questioned. Purpose: to explain the nature and significance of the distinction between transactions requiring and not requiring perception; to analyze the approaches used to establish the criterion for such a distinction; to develop a mechanism for determining whether a transaction belongs to a particular classification group; and to study the permissibility of extrapolation of division into other (rather than unilateral transactions) legal acts. Methods: the author uses general theoretical methods of formal and dialectical logic, as well as specific scientific methods such as legal-dogmatic, legal modeling, comparative legal, interpretation of legal norms. Results: the author proves the irrelevance of ignoring a factor of (not) compulsory perception of will and, as a consequence, the significance of the studied gradation (while the classification of a transaction as requiring or not requiring perception affects the conditions and timing of its legal effects, and the interpretation of the transaction as receptive is necessary to establish and comply with the rules on the procedure and the addressee of the notification of will). The author highlights the main models for reflecting the legal role of perception in the application to transactions that need perception; the author assesses positively the approach to identifying a transaction as (non) receptive based on the direct instructions of the law and the essence of the transaction; the idea of the advisability of adapting the division also to legal acts that are not unilateral transactions is carried out.

More on the Depositary of International Treaties

1970 ◽  
Vol 64 (5) ◽  
pp. 838-852 ◽  
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
Previous Article ◽  
Vienna Convention ◽  
International Treaties ◽  
The United Nations ◽  
The Law ◽  
International Law Commission ◽  
Law Commission ◽  
Made In

The purpose of this article is to bring up to date the present writer’s previous article on “The Depositary of International Treaties” published in this Journal, in the light of the deliberations of the United Nations Conference on the Law of Treaties in 1968 and 1969 and the changes there made in the texts. The relevant provisions now appear as Articles 76, 77 and 78 of the so-called Vienna Convention on the Law of Treaties, corresponding to Articles 71, 72 and 73 of the draft articles on the law of treaties of the International Law Commission.

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