International treaties

Право международных договоров. Договорный процесс. Способы выражения согласия на обязательность международного договора (подписание, обмен документами, ратификация, присоединение).

The establishment of the League of Nations

The Peace of Westphalia

- ended the Thirty Years' War (1618-1648), established system for peace and cooperation in Europe

- provided coexistence in certain parts of Europe of Catholicism and Prot­estantism (seeds of religious freedom in europe)

- proclaimed the doctrine of pacta sunt servanda, established a machinery for the settlement of disputes between the signatories

2. the Congress of Vien­na,

- 1815 ended the Napoleonic Wars

- adopted first set of rules governing diplo­matic protocol,

- condemned slave trade

- established principle of free and unimpeded(свободного) navigation on international rivers trav­ersing the region.

- laid the founda­tion for the recognition of the neutrality of Switzerland

- provided Europe with a substantial body of international law

- contributed to the development of modern international law.

- came into being in 1920 with force of its Covenant, part of the Treaty of Versailles, which ended WWI.

- the first effort to create a permanent inter-governmental institutional framework for the resolution of political disputes and the preservation of peace.

- established the Permanent Court of International Justice

4. T he United Nations

- founded in 1945

- the mere existence meant efforts to make international law a more effective tool for preservation of interna­tional peace and the improvement of the human condition throughout the world.

- Treaties perform a variety of functions on the international plane that in domestic law are per­formed by many different types of legal acts

treaty –interna­tional agreement(conventions, pacts, covenants, charters or protocols – no legal significance of the designation) concluded between States in writ­ten form, governed by international law…

- serve as the constitutions of international organi­zations

- can be a source of general international law

- are used to: transfer territory, regulate commercial relations, settle disputes, protect human rights, guarantee investments, ect.

- International law of treaties has been codi­fied to a large extent in The Vienna Convention on the Law of Treaties (1969) (entered into force in 1985) – only treaties between states

Principles:

- pacta sunt servanda (binding)

- free consent

- good faith

Bilateral:

- originate in the foreign ministry of one of the parties

- dis­cussions: embas­sies, exchanges of diplomatic notes, draft texts preparation, negotiations to accept one draft

- enter into force: both states indicate intention to be bound by the agreement

Multilateral:

- at diplomatic conferences - participating states are represented by diplomatic delegations that include legal advisers. Before confer – various working papers or draft proposals

- presented amendments, established drafting committees, debated alternative texts

- summarize everything->Final Act serves to authenticate the text of the treaty

Consent to be bound:

- signature

- exchange of instruments

- usually binding upon ratification

- ratification – act whereby a state, through its head of state, foreign minister, or duly authorized diplomatic agent, declares that it considers itself bound by the treaty

- instrument of ratification – either exchanged or deposited with the designated depository state, which performs custodial functions

- accession - by depositing an instrument of accession

Termination, withdrawal, suspension:

- in conformity with the provisions(условия)

- by consent of all parties

3. Космическое пространство: определения, космический мусор, геостационарная орбита. Основные документы в области международного космического права.

- Space law is an area of the law that encompasses national and international law governing activities in outer space.

- outer space is considered to be the current orbitary minimum approximately 100-110 km. The outer space, including the Moon and other celestial bodies, is free of national appropriation.

- The Moon and other celestial bodies are common heritage of mankind. The outer space is used by all states parties to the treaty and exclusively for peaceful purposes.

5 international treaties have been negotiated and drafted in the COPUOS:

- The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (the "Outer Space Treaty").

- The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (the "Rescue Agreement").

- The 1972 Convention on International Liability for Damage Caused by Space Objects (the "Liability Convention").

- The 1975 Convention on Registration of Objects Launched Into Outer Space (the "Registration Convention").

- The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Treaty").

The Outer Space Treaty is the most widely-adopted treaty, with 98 parties.

In addition, the nuclear test ban treaty of 1963 banned the testing of nuclear weapons in outer space.

Space debris are the objects in orbit around Earth created by humans, and that no longer serve any useful purpose: spent rocket stages, defunct satellites, explosion fragments, paint flakes, dust, and slag from solid rocket motors, coolant released by RORSAT nuclear powered satellites, deliberate insertion of small needles, and other small particles. Clouds of very small particles may cause erosive damage, like sandblasting.

Space debris have become a growing concern in recent years, since collisions at orbital velocities can be highly damaging to functional satellites and can also produce even more space debris in the process. Astronauts on space-walks are also vulnerable.

4. Функции дипломатического представительства. Понятия: агреман, persona non grata, верительные грамоты, отзывные грамоты.

Diplomatic law - ancient roots, today comprises a large developed body of law, from a variety of sources.

The 1961 Vienna Convention on Diplomatic Relations (VCDR): over 180 parties, comprehensive legal framework for the conduct of diplomatic relations. VCDR sets out the primary functions of diplomatic missions:

- to represent the sending State

- to protect the interests of the sending State and its nationals

- to negotiate with the government of the receiving State

- to ascertain and report the conditions and developments within the receiving State

- to promote friendly relations and develop them in economic, cultural and scientific fields

Agrément – the prior consent of the receiving State for the appointment of the head of mission. The receiving State is not obliged to give reasons to the sending State for a refusal of agrément.

- Other diplomatic agents – just notifications of arrival and departure.

- military, naval, air attaches – names submitted beforehand for approval

The receiving State is at any time (including before their arrival), entitled to inform the sending State that the head of mission or any other member of a mission is persona non grata, or unacceptable, without giving reasons for doing so. The sending State must recall the person or terminate his functions within a certain period of time.

Letters of credence:

- official document

- new head of mission should be provided with

- proves the diplomatic character of the mission and diplomatic representative

- signed by the Head of State, countersigned by Minister for Foreign Affairs

- must be opened by the Head of State at the time of presentation

- placed in an envelope sealed with wax

- traditionally ornate in style

Letters of recall: official document sent to the Head of the receiving State to recall the Head of Mission from his post.

Дата добавления: 2015-01-03