Journal articles: 'Vienna Convention of 1983'

1

Pariente, David. "Diplomatic immunity and the Mental Health Act 1983." Psychiatric Bulletin 15, no. 4 (April 1991): 207–9. http://dx.doi.org/10.1192/pb.15.4.207.

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The UK, in common with all other countries party to the Vienna Convention on Diplomatic Relations, affords foreign diplomats a special status in law. Under the Diplomatic Privileges Act (1964) (DPA), accredited diplomats are accorded inviolability and cannot be detained compulsorily under any Act of Parliament, including the Mental Health Act 1983 (MHA).

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Mushkat, Roda. "Hong Kong and Succession of Treaties." International and Comparative Law Quarterly 46, no. 1 (January 1997): 181–201. http://dx.doi.org/10.1017/s0020589300060176.

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It is not surprising that, at a time when the world's political maps are being constantly redrawn, the subject of “State succession” features prominently in international legal discourse. By the same token, the infrequency of “waves” of transformation, the diversified modalities of change (cession, annexation, decolonisation, dissolution, secession, merger, unification) and the varying contextual circumstances have resulted in a less than coherent theoretical or practical framework for resolving issues of State succession.1 Nor can limited international attempts at “codification”—represented in the 1978 Vienna Convention on Succession of States in Respect of Treaties2 (the “1978 Succession Convention”) and the 1983 Vienna Convention on Succession of States in Respect of Property, Archives and Debts3—be regarded as expressing established customary norms or articulating laws grounded in consistent State practice, judicial precedent or juristic opinion.

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3

Doswald-Beck, Louise. "New Protocol on Blinding Laser Weapons." International Review of the Red Cross 36, no. 312 (May 1996): 272–99. http://dx.doi.org/10.1017/s0020860400089889.

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On 13 October 1995, the first Review Conference of the 1980 Convention on Certain Conventional Weapons (CCW) adopted during its first session in Vienna a new fourth Protocol entitled “Protocol on Blinding Laser Weapons”. The 1980 Convention comprises a framework Convention (containing technical provisions such as applicability, entry into force and amendment) and annexed Protocols containing the substantive rules relating to certain weapons. Although many weapons had been discussed during the preparatory stages of this Convention, only three Protocols were adopted in 1980. However, the structure chosen enabled new Protocols to be added in order to accommodate future weapons which needed t o be prohibited or otherwise regulated.

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Khlestov, Nikolay. "Review Conference of the 1980 Weapons Convention." International Review of the Red Cross 35, no. 307 (August 1995): 368–74. http://dx.doi.org/10.1017/s0020860400072910.

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The United Nations General Assembly welcomed, in its resolution 48/79 of 16 December 1993, the request made to the organization's Secretary-General by a State party to the 1980 Weapons Convention (France) to convene a conference to review, in accordance with Article 8(3), the provisions of that Convention. In paragraph 6 of the same resolution, the General Assembly encouraged the States party to ask the Secretary-General to set up a group of government experts to prepare such a conference. The States did so and the group of experts that was subsequently brought together held three meetings in 1994 and one in 1995. Pursuant to a decision by the group, the Review Conference is to be held in Vienna from 25 September to 13 October 1995.

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Djordjevic, Stevan. "The effect of international treaties." Medjunarodni problemi 59, no. 1 (2007): 49–70. http://dx.doi.org/10.2298/medjp0701049d.

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The article is devoted to the doctrine and practice of the Law of Treaties. The author focuses his attention on the following four topics: 1. the Treaties and third States or third international organizations; 2. the Tre?aties that provide rights for third States or third international organizations; 3. the Treaties that set out obligations for third States or third international organizations. He pays special attention to the most-favoured-nation clau?se. The author gives interpretations of the Vienna Convention on the Law of Treaties 1969 and the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations 1986.

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Won, Tae Joon. "See No Evil, Hear No Evil: The First Thatcher Government and the Problem of North Korea, 1979–1983." Britain and the World 11, no. 2 (September 2018): 232–55. http://dx.doi.org/10.3366/brw.2018.0301.

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This article explores the diplomatic challenges which confronted the first Margaret Thatcher administration in regard to Britain's Cold War policy of non-recognition of North Korea. The request of St. Vincent and the Grenadines to simultaneously appoint its resident High Commissioner to London as its non-resident Ambassador to Pyongyang had to be opposed by the British Foreign Office despite the fact that St. Vincent was not a party to the Vienna Convention on Diplomatic Relations, while London had to consider breaking the provisions of the 1883 Paris Convention in order not to recognize the ‘right of priority’ of patents which had been approved in Pyongyang as was required. Also, North Korea's stated intention to join the Inter-Governmental Maritime Consultative Organization and therefore establish its permanent mission in London forced the Foreign Office to attempt to block North Korea's admittance to the IMCO despite the principle of universality of international organizations, while Britain's inability to talk directly to the North Koreans deprived London of an important means with which to stop North Korean military aid from arriving in Zimbabwe.

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Lovtsov, D. A., and L. V. Terenteva. "Legal Regulation of International Commercial Electronic Contracts. Technological and Legal Aspects of Electronic Signature." Lex Russica, no. 7 (July 23, 2020): 115–26. http://dx.doi.org/10.17803/1729-5920.2020.164.7.115-126.

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In the modern realities of converting document flow to the digital plane, the issues of validity of contracts concluded in electronic form, as well as the conditions for recognizing an electronic signature, are of particular importance. In this regard, the authors turn to the study of the provisions of the United Nations Convention on the Use of Electronic Communications in International Contracts of 2005, as well as other international trade agreements to clarify their applicability to cross-border contracts concluded in electronic form.In the paper, the authors raise the question of the validity of an electronic cross-border transaction that falls under the regulation of the Vienna Convention on Contracts for the International Sale of Goods of 1980, the USSR reservation to which on the inadmissibility of concluding a contract not in writing, but in any form, continues to apply. In this regard, the authors explore the possibility of interpreting article 13 of the 1980 Vienna Convention containing the definition of the "written form", outside of the general rule of interpretation of the provisions of the 1980 Vienna Convention provided for in article 7.Based on the comparative analysis of national and international legal norms, norms of soft law regulating electronic documents, the authors reveal a number of problems arising from the lack of specificity of the mechanism of recognition of foreign electronic signatures in Russia and put forward proposals for their solution. To this end, the authors explore the possibilities of developing international standards for the compatibility of technological algorithms for electronic digital signatures using an asymmetric scheme, based on which foreign certificates of electronic signature keys can be recognized.

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Хлестова, Ирина, and Irina KHlyestova. "International Legal Regulation of Nuclear Liability." Journal of Russian Law 3, no. 1 (December 24, 2014): 0. http://dx.doi.org/10.12737/7256.

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The article is devoted to the comparative analyses of provisions of Vienna convention on civil liability for nuclear damage of 1963 and Protocol of 1997 to the convention on civil liability for nuclear damage. In particular: the provisions on nuclear damage, channeling of liability on operator of nuclear facility, principles of liability, limits liability, limitation of actions, jurisdictional division are considered. On this bases it was concluded that international legal regulation is on the way of raise of limits liability of operator of nuclear facility, applying special drawing rights of International Monetary Fund as calculation units. Legal regulation introduced by the Protocol of 1997 to the Vienna convention on civil liability for nuclear damage more responds to the victims interests taking into account the long-terms effects of a nuclear incident. The problems of the Russian Federation adherence to the Protocol of 1997 is considered

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9

Berlingher, Daniel. "The Effects of the International Contract for Sale of Goods." Journal of Legal Studies 19, no. 33 (June 1, 2017): 96–109. http://dx.doi.org/10.1515/jles-2017-0007.

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Abstract The contracts are the indispensable legal instruments for any economic transaction. The international sale contract is the main legal instrument by which international commerce is carried out and through which the movement of goods from producer to consumer is ensured within cross-border relations. The sale contract in international commerce is the legal act by which the parties, the seller and the buyer, belonging to different states, commit each other to transfer the property of a good in return for payment of a price. Regarding the general rules applicable to the contract of international sale of goods, they are regulated by the “United Nations Convention on Contracts for the International Sale of Goods from Vienna”. The Convention has adopted uniform rules to govern the international sale of goods contract, if the parties have not chosen expressly for the application of other rules. In this study I present the effects of international sale of goods in the light of the rules of the Vienna Convention of 1980.

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Tetley, William. "Canadian Interpretation and Construction of Maritime Conventions." Revue générale de droit 22, no. 1 (March 21, 2019): 109–28. http://dx.doi.org/10.7202/1058170ar.

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In this article, the author first describes the essentially civilian nature and origin of maritime law in the United Kingdom, the United States and Canada, a point unfortunately overlooked in the Supreme Court of Canada’s decision in the Buenos Aires Maru case [1986] 1 S.C.R. 752, but recognized in the judgement of the same Court in Chartwell Shipping Ltd v. Q.N.S. Paper, [1989] 2 S.C.R. 683. The article touches briefly on the federal jurisdiction over maritime law in Canada, the dual jurisdiction of the Federal Court and the superior courts of the provinces in maritime matters and the mixed civilian / common law system in Quebec. Consideration is then given to the Constitution Act, 1867, as interpreted by the much-criticized Labour Conventions decision of the Privy Council [1937] A.C. 326. The decision held that although the power to conclude international treaties and conventions in Canada is vested in the federal government alone, the enactment of the domestic legislation required to secure the implementation of such international agreements is not an exclusively federal matter, but may be a question of either federal or provincial competence, depending on the subject matter of the treaty or convention concerned. The author then reviews the principal rules of statutory interpretation which are provided for by the Vienna Convention on the Law of Treaties of 1969. He points out that, notwithstanding Canada’s ratification of this Convention in 1970, Canadian courts still tend to apply traditional (and often narrow) techniques of statutory interpretation when called upon to construe treaty texts, rather than keeping the goals of the agreement and intent of the parties in view, as the Vienna Convention requires. He indicates, however, a more recent judicial trend towards a more liberal methodology, as evidenced in decisions like R. v. Palacios, (1984) 45 O.R. (2d) 269 (Ont. C.A.) The article concludes with a brief overview of the major statutory interpretation rules applied by Canadian courts in construing local laws and international agreements and some aids to such interpretation. Professor Tetley, as a last tribute, applauds what he sees to be the slowly emerging "general consensus" on statutory and treaty interpretation in Canada.

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11

Mahasneh, Nisreen S. "Liability Exemption for Failure to Perform under both the Vienna Convention for International Sale of Goods 1980 and Islamic Jurisprudence." Arab Law Quarterly 24, no. 1 (2010): 73–103. http://dx.doi.org/10.1163/157302510x12607945807278.

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This paper discusses the concept of liability exemption and its conditions under the Vienna Convention for International Sale of Goods 1980 as compared with Islamic Juris-prudence. Also discussed are other related issues, such as liability exemption involving a third party, partial impediment and temporary impediment. It appears that the Convention deals with the legal consequences of liability exemption in a way distinct from all other systems, including the Islamic Jurisprudence, in the sense that it keeps the contract in force and only prevents damages. However, the conditions for an impediment under the Convention closely resemble those in Islamic Jurisprudence.

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12

The Review. "The Issues — The ICRC's position." International Review of the Red Cross 35, no. 307 (August 1995): 363–67. http://dx.doi.org/10.1017/s0020860400072909.

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The Review Conference of the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects will be held in Vienna from 25 September to 13 October 1995.This Conference offers a unique opportunity for a thorough analysis of the problems caused by the use of certain weapons, with landmines heading the list. It should also specify measures to be taken to prevent the manufacture and use of new weapons from creating serious problems in future.

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13

Alimova, Ya O. "POTENTIAL UNIFICATION IN THE FIELD OF CROSS-BORDER CONTRACTUAL RELATIONS IN THE BRICS COUNTRIES." Lex Russica, no. 11 (November 22, 2019): 9–17. http://dx.doi.org/10.17803/1729-5920.2019.156.11.009-017.

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The article is devoted to the peculiarities of regulation of cross-border contractual relations that are being developed within the BRICS countries in compliance with universal international treaties. The author has outlined the prospects and problems with which traders from BRICS countries are facing when concluding contracts. International treaties, which contain, above all, uniform substantive rules, play a great role in concluding cross-border contracts. However, all the BRICS countries are member-states to very few treaties. The author of the article has revealed that such conventions still exist, although not only in the contractual field. The article pays special attention to the peculiarities of application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, the Cape Town Convention on International Interests in Mobile Equipment of 2001 and, indeed, the Vienna Convention on Contracts for the International Sale of Goods of 1980 (although only three BRICS countries are involved, it can also be applied to India and South Africa).

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14

Ferrari, F. "General Principles and International Uniform Commercial Law Conventions: A Study of the 1980 Vienna Sales Convention and the 1988 Unidroit Conventions." Uniform Law Review - Revue de droit uniforme 2, no. 3 (August 1, 1997): 451–72. http://dx.doi.org/10.1093/ulr/2.3.451.

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15

Samson, Claude. "La Convention des Nations Unies sur les contrats de vente internationale de marchandises : Étude comparative des dispositions de la Convention et des règles de droit québécois en la matière." Les Cahiers de droit 23, no. 4 (April 12, 2005): 919–1008. http://dx.doi.org/10.7202/042521ar.

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On April 11, 1980, the U.N. Diplomatic Conference held in Vienna approved the Convention on contracts for the International Sale of Goods. This paper deals with the most interesting aspects of the Convention, comparing them with the rules of the Civil Code and the Draft Civil Code of Quebec on this matter. The provisions of this international uniform law are quite close to the rules and remedies existing in civil law juridictions. The major differences between the Convention and the Quebec Law are more technical than substantial. The differences between the uniform law and the national law can also be explained by particular circumstances of international trade which require more celerity and security in the field of international business transactions.

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16

Schuster, E., P. Knoflach, K. Huber, and G. Grabner. "An Interactive Processing System for Ultrasonic Compound Imaging, Real-Time Image Processing and Textile Analysis." Ultrasonic Imaging 8, no. 2 (April 1986): 131–50. http://dx.doi.org/10.1177/016173468600800205.

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An interactive processing system for ultrasonic imaging, real-time image processing and texture analysis was developed and has been used under real clinical conditions at the 2nd Department of Gastroenterology and Hepatology, Vienna, since 1983. The major goal of this system is to determine what digital approaches to ultrasonic imaging, aided by computer processing, can contribute to ultrasonic diagnosis and whether clinically-relevant information can be extracted which is not obtained by conventional approaches.

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17

Reichert-Facilides, Daniel. "Down the Danube: The Vienna Convention on the Law of Treaties and the Case Concerning the GabcïKovo-Nagymaros Project." International and Comparative Law Quarterly 47, no. 4 (October 1998): 837–54. http://dx.doi.org/10.1017/s0020589300062552.

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Over the last 30 years, the Vienna Convention on the Law of Treaties1 has emerged as one of the most influential instruments of modern international law. The Convention, which was adopted at the UN Conference on the Law of Treaties on 23 May 1969, entered into force on 27 January 1980 and has meanwhile been ratified by more than 80 States.2 Yet, as it does not operate retroactively,3 the scope of application is growing only slowly and its practical importance stems, rather, from the fact that the Convention is widely considered a restatement of customary international law. As early as 1971 the International Court of Justice referred to the articles governing termination for breach of treaty as a codification of the existing law on the subject.4 Since then both international tribunals and national courts have more and more habitually relied on the material provisions of the Convention to ascertain traditional rules of the law of treaties.5

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Choirunnisa, Sutiani. "Legal Protection Against Women Victims of Sexual Harassment Through Social Media (Cyberporn)." Indonesian Journal of International Clinical Legal Education 3, no. 3 (September 30, 2021): 367–80. http://dx.doi.org/10.15294/ijicle.v3i3.48266.

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guarantee of protection and discrimination against women in Indonesia as contained in various international regulations including the Universal Declaration of Human Rights in 1948, then the International Covenant on Civil Rights. and Political Rights 1966, International Covenant on Economic, Social & Cultural Rights 1966, Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW, Convention on the Elimination of All Forms of Discrimination against Women) in 1979, the Vienna Declaration (1986), the Declaration on the Elimination of Violence Against Women in 1994, and the most monumental is the Beijing Declaration and Platform for Action (1995). The purpose of this study is to analyze the legal protection for women victims of sexual harassment through social media (cyberpron).

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Padiryakov, Aleksandr V. "Notion and order of determining the losses under the Vienna convention of UNO 1980 (by the example of law of England)." Actual Problems of Economics and Law 09, no. 4 (December 1, 2015): 228–35. http://dx.doi.org/10.21202/1993-047x.09.2015.4.228-235.

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Ndulo, Muna. "The Vienna Sales Convention 1980 and the Hague Uniform Laws on International Sale of Goods 1964: A Comparative Analysis." International and Comparative Law Quarterly 38, no. 1 (January 1989): 1–25. http://dx.doi.org/10.1093/iclqaj/38.1.1.

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21

Nguru, Aristide Kahindo. "THE ATTITUDE OF OHADA LAW COUNTRIES TOWARDS THE CISG." Journal of Law, Society and Development 3, no. 1 (September 12, 2016): 99–114. http://dx.doi.org/10.25159/2520-9515/1090.

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Disparities in national laws are likely to result in uncertainty which, in turn, creates obstacles to international commerce. It is acknowledged that strong investment flows cannot be achieved without a secure legal and commercial environment. Mindful of such a need, states decided to harmonise sales law internationally. To this end, in 1980 they adopted the United Nations Convention on Contracts for the International Sale of Goods known as the Vienna Sales Convention or the CISG. The CISG has led a number of countries, including the Organisation for the Harmonisation of Business Law in Africa (OHADA) law states, to modernise their local sales law. However, only three of 17 countries that constitute the OHADA community have ratified the CISG. OHADA law countries give the impression of favouring a more regional approach to the unification of sales law rather than the CISG’s global approach by implementing a local Commercial Uniform Act. Their indifference towards the CISG is not without consequences for commerce in the OHADA region. This article seeks to demonstrate that the lack of ratification of a universal convention, as for example the CISG, poses a danger to commercial dealings. It also intends to show that the CISG is not hostile to regional uniform sales laws of the OHADA Commercial Uniform Act type. It concludes that OHADA countries do not need to be afraid of their acceptance of the CISG and recommends that it be ratified.

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22

Crook, John R. "The 2004 Judicial Activity of the International Court of Justice." American Journal of International Law 99, no. 2 (April 2005): 450–59. http://dx.doi.org/10.2307/1562509.

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During 2004 the International Court of Justice decided three important matters. In March the Court found that the United States had violated the Vienna Convention on Consular Relations with respect to a number of Mexican nationals sentenced to death in U.S. state court proceedings. In a much-noted advisory opinion, the Court concluded in July that Israel's construction of a security wall or fence in occupied Palestinian territory violated international law. And in December it found that it did not have jurisdiction over Serbia and Montenegro's claims against eight NATO countries regarding NATO's 1999 bombing campaign aimed at halting the conflict in Kosovo. In other developments, the Court heard and had under deliberation Germany's preliminary objections to Liechtenstein's suit regarding certain property of Crown Prince Adam. Finally, Judge Gilbert Guillaume, a member of the Court since 1987 and its former president, announced that he would resign in February 2005.

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23

Tams, Christian J. "WELL-PROTECTED ENEMIES OF MANKIND." Cambridge Law Journal 61, no. 2 (June 24, 2002): 239–94. http://dx.doi.org/10.1017/s0008197302231608.

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[T]he torturer has become—like the pirate and the slave trader before him—hostis humani generis, an enemy of all mankind. (Kaufman J. in Filártiga v. Peña-Irala 630 F. 2d 876, 890 (2d Cir.,1980)).The European Court of Human Rights’ decision in Al-Adsani v. UK (2002) 34 E.H.R.R. 273 does not openly reject the view that torturers have become enemies of all mankind. It does however affirm that they can protect themselves abroad with a magic weapon that neither pirates nor slave traders usually possessed. This is the shield of sovereign immunity, which prevents State torturers from being tried before courts of a foreign State. In Al-Adsani, the ECHR, by a bare majority of 9 votes to 8, decided that States and their officials can invoke immunity even where they are accused of breaches of peremptory norms of international law (ius cogens), i.e. norms which, by definition, admit of no derogation (Article 53 of the Vienna Convention on the Law of Treaties).

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Lee, Jin-Kyu. "A Study on Reciprocity in Treaty Relations - With Special Reference to the U. S. Implementation of the ‘Vienna Convention on Consular Relations 1963’ -." DONG-A LAW REVIEW 78 (February 28, 2018): 359–76. http://dx.doi.org/10.31839/dalr.2018.02.78.359.

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Grigić, Boris. "C.M. Bianca, M.J. Bonnell, Commentary on the International Sales Law – The 1980 Vienna Sales Convention, XVII + 886 pp., Giuffrè, Milan 1987, L. 100,000." Netherlands International Law Review 38, no. 02 (August 1991): 266. http://dx.doi.org/10.1017/s0165070x00003879.

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Nie, Mintao. "Divided governmental structure and state compliance with international human rights law: A reputation-based approach." Leiden Journal of International Law 34, no. 3 (May 31, 2021): 705–27. http://dx.doi.org/10.1017/s0922156521000212.

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AbstractPrevious research has analysed a range of domestic stakeholders that make national governments’ commitments to international human rights law credible, including an independent judiciary, legislative veto players, political opposition groups, and non-governmental organizations. But how do the power dynamics within the government affect state compliance with international human rights law? Building on the basic understanding that international human rights law needs to pass through domestic political and administrative processes before it can be implemented on the ground, this article articulates a reputation-based theoretical framework to explain how the lack of reputational mechanisms at the local level and national leaders’ shifting of blame for non-compliance to sub-national officials and the internal governance structure – two salient characteristics in a decentralized political system – make international human rights law less effective. A case study of US compliance with Article 36 of the 1963 Vienna Convention on Consular Relations sheds light on how international reputational concerns interact with divided authority structure to shape national leaders’ and subnational authorities’ policy responses to the enforcement of international human rights standards.

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Grasis, Janis. "Legal status of the honorary consular officers: Theory and practice in Latvia." SHS Web of Conferences 68 (2019): 01023. http://dx.doi.org/10.1051/shsconf/20196801023.

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Honorary consuls are not professional diplomats, it means, they do not make a living as diplomats. They usually do live and work as well as pay taxes in the country where they operate while they do represent their native country on a voluntary/not-salaried/ basis until their appointments are revoked. Honorary consuls have limited authorization to act and conduct on behalf of their native country; they have the honour to serve their respected country and they are usually selected/appointed by their merits. Legal regime relating to honorary consular officers and consular posts headed by such officers is regulated by Vienna Convention on Consular Relations from 1963. According to the Article 59 of the mentioned convention the receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. Similarly, the receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position. If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities. Comparative and analytical research methods are used for this paper. The author of this article proposes to introduce a special number sign for cars of the honorary consuls in Latvia, thereby showing special respect for foreign honorary consuls.

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Bederman, David J. "Medellín’s New Paradigm for Treaty Interpretation." American Journal of International Law 102, no. 3 (July 2008): 529–40. http://dx.doi.org/10.2307/20456641.

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Much of the scholarly attention given to the U.S. Supreme Court’s March 2008 decision in Medellín v. Texas has focused on the Court’s supposed ruling as to the presumptive nonself-execution of international agreements entered into by the United States, and the power of the president to implement such agreements without an act of Congress. Less heed has been paid to the impact and implications of the Court’s reasoning and analysis in interpreting the four international agreements at issue in the case: the 1945 United Nations Charter and Statute of the International Court of Justice, and the 1963 Vienna Convention on Consular Relations and its Optional Protocol. Although the Court’s analysis of the self-execution questions is beyond the scope of my contribution to this Agora, I acknowledge that the jurisprudence of treaty interpretation fits uncomfortably with the calculus of an international agreement’s selfexecution into U.S. law. And while it may seem obscure to view the Medellín decision through the lens of treaty interpretation, that is what truly brings its importance into focus, so that its impact may ultimately be seen as clarifying the established norms of U.S. foreign relations law, particularly in the selection of appropriate sources for treaty construction and the deference to be granted to various foreign relations actors and institutions.

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Babić, Ilija. "Životna sredina - opasnosti i pravna zaštita / Human Environment ‒ Risks and Legal Protection." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (July 11, 2016): 48. http://dx.doi.org/10.7251/gfp1606048b.

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The most relevant factors that affect climate are astronomic cycles ant their effects on planet Earth and Earth’s orbit around the Sun. They have impact on the occurrence of glacial and interglacial periods at generally 100.000-year frequencies, which were affected by orbital shape variations and effects of greenhouse gases.The youngest geological epoch of the geological history of Earth is Holocene (started with warming) that began approximately 11.000 years BP. In that epoch, the shape of Earth’s orbit around the Sun was nearly circular, close to a perfect circle, and the seasonal contrast was less severe, due to decreased tilt of Earth’s axis from the plane of its orbit around the Sun. However, most scientists are arguing that the causes of rapid climate change are rooted in human activity, and not in its internal orbital variations. The main causes of global warming are increased level of carbon dioxide, but also of methane and chlorofluorocarbons in the atmosphere. These gases are responsible for the greenhouse effect, ozone layer depletion in stratosphere and rapid global warming. In order to set up the legal framework of environmental protection, the United Nations Conference on the Human Environment has adopted Stockholm Declaration in June 16, 1972. About twenty industrial states have ratified in 1987 the Montreal Protocol on Substances that Deplete the Ozone Layer, which has undergone many revisions by London Convention (1990), Copenhagen Accord (1992), Vienna Convention (1995), Kyoto Protocol (1997) and the Paris Agreement ‒ an international universal agreement on climate adopted at the 2015 Paris Climate Conference (COP21). Environmental protection in the European Union is provided for by its primary and secondary law, and the most EU environmental regulations were implemented in the Serbian legislation.

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Glos, George E. "Wiener Übereinkommen von 1980 über den internationalen Warenkauf: Lausanner Kolloquium vom 19. und 20. November 1984 = Convention de Vienne de 1980 sur la vente international de marchandises: Colloque de Lausanne des 19 et 20 novembre 1984 = The 1980 Vienna Convention of the Internal Sale of Goods: Lausanne Colloquium of November 19-20, 1984. Zürich: Schulthess Polygraphischer Verlag, 1984. Pp. 240 (paperbound)." International Journal of Legal Information 13, no. 5-6 (December 1985): 85–86. http://dx.doi.org/10.1017/s0731126500019314.

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Eiselen, Sieg. "The Requirements for the Inclusion of Standard Terms in International Sales Contracts." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 1 (June 6, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2011/v14i1a2542.

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The problem dealing with the inclusion of standard terms and conditions in contracts is a problem that has engaged most legal systems. The United Nations Convention on Contracts for the International Sale of Goods, Vienna 1980 (CISG) does not expressly deal with this problem. Accordingly the solution to the issue must be found in an interpretation and application of the general principles found in articles 8, 14 and 18. One of the main objects of the CISG is the harmonisation of international trade law. It is generally recognised that in order to achieve harmonisation it is necessary that courts should interpret and apply the convention in a consistent and harmonious manner. Unfortunately a number of approaches have emerged from courts around the world in regard to the inclusion of standard terms. German courts have developed a strict approach which requires that the standard terms be made available to the addressee at the time of the conclusion of the contract. They also require that the standard terms be couched in the language of the main contract. In stark contrast an American court has used an approach which is very lax in regard to incorporation, even allowing incorporation after the conclusion of the contract. There is, however a more moderate approach set out in decisions of the Austrian Supreme Court where the court adopted an approach which is more akin to that found in most legal systems, namely that a clear incorporation clause in the contract is sufficient for the effective incorporation of standard terms. The author critically examines the case law, the various approaches and the underlying arguments on which they are based, before reaching the conclusion that the two extreme approaches should be rejected in favour of the more moderate approach. This approach is founded on a proper interpretation of the provisions of the CISG as well as being in step with international trade practice.

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Fraser, Paul J., Graeme I. Pearman, and Nada Derek. "CSIRO Non-carbon Dioxide Greenhouse Gas Research. Part 1: 1975–90." Historical Records of Australian Science 29, no. 1 (2018): 1. http://dx.doi.org/10.1071/hr17016.

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There are a number atmospheric gases, in addition to carbon dioxide (CO2), that affect the absorption and emission of infrared radiation throughout the atmosphere, the so-called ‘non-CO2 greenhouse gases', and they have a significant impact on climate. In addition, some of these non-CO2 greenhouse gases contain chlorine and/or bromine, and contribute to halogen-catalysed stratospheric ozone depletion. In the mid 1970s, CSIRO at Aspendale became the first southern hemisphere laboratory to initiate research into the atmospheric abundance, trends, sources and sinks of non-CO2 greenhouse gases, and today (2017) is currently observing and modelling the past and present biogeochemical cycling of over eighty of these species, arguably the most comprehensive program of its type globally. The resultant CSIRO data are used to derive global and regional emissions of non-CO2 greenhouse gases and their impact on climate and stratospheric ozone via resultant changes to the planetary radiative budget and the abundance of ‘equivalent chlorine' (weighted sum of chlorine and bromine) in the stratosphere. These data and their impacts are reported nationally to relevant Commonwealth and State Departments—environment, energy, industry, agriculture—and to relevant Australian industries—refrigeration, air-conditioning, aluminium production. They are reported internationally to United Nations agencies responsible for implementing the Vienna Convention for the Protection of the Ozone Layer (1985) and the Framework Convention on Climate Change (1992), who periodically assess the science of climate change and ozone depletion. As the world strives to reduce its greenhouse gas emissions through national, policy-driven, initiatives framed to meet agreed obligations under these international agreements, atmospheric measurement programs, such as those operated by the CSIRO and the Bureau of Meteorology in Australia, are critical in independently verifying the success or otherwise of such endeavours. This paper describes the initial fifteen years (1975–90) of activities in CSIRO that set up the framework for the current, globally significant, CSIRO non-CO2 greenhouse gas research program.

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Kee, Christopher, and Edgardo Munoz. "In Defence of the CISG." Deakin Law Review 14, no. 1 (August 1, 2009): 99. http://dx.doi.org/10.21153/dlr2009vol14no1art133.

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In this article, the authors respond to certain criticisms made against the 1980 Vienna Convention on Contracts for the International Sale of Goods (the ‘CISG’) and explain what they perceive as the shortcomings of, and impediments to, a particular model of a proposed new global code. A goal of both the CISG and the proposed global code is to create an environment which promotes international trade. Predictability in the law is a fundamental element to achieve such an environment. The CISG has been criticised as failing to provide such predictability. It has been suggested that it has not been uniformly interpreted, contains internal inconsistencies and allows countries to establish varying mini-codes. While there may be some merit in some of these criticisms there is also much that is overstated and wrong. The CISG may not be a perfect instrument. However, it has been widely accepted and that alone makes it a strong basis from which to develop. A global code applied with absolute uniformity throughout the world might provide predictability. However, such a uniform law is unrealistic and, in any event, undesirable. The authors propose a more realistic solution. The law should be the framework upon which individually nuanced contracts could be built. Predictability is obtained by developing and establishing avenues of communication. It is also obtained by developing and establishing means of explaining and understanding the concepts upon which the framework has been built. The CISG allows for all of this.

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D. R. "International Atomic Energy Agency. 1985. Advances in Uranium Ore Processing and Recovery from Non-Conventional Resources. Proceedings of a Technical Committee Meeting, Vienna, 26–29 September 1983. x + 325 pp. Vienna: International Atomic Energy Agency. Price Austrian Schillings 640.0 (soft cover). ISBN 92 0 041185 1." Geological Magazine 123, no. 4 (July 1986): 460. http://dx.doi.org/10.1017/s0016756800033574.

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Kremer, Andrzej. "ZAWARCIE ZWIĄZKU MAŁŻEŃSKIEGO PRZED KONSULEM (WYBRANE ZAGADNIENIA)." Zeszyty Prawnicze 7, no. 1 (June 23, 2017): 177. http://dx.doi.org/10.21697/zp.2007.7.1.10.

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Contracting A Marriage before a Consul (Some Legal Aspects)SummaryThe possibility of being married before a consul has been created both by the regulations of international public law, particularly by the Vienna Convention on Consular Relations, as well as by the Polish law, including especially art 26 of the Act of the 13th Feb. 1984 on the Functions of a Consul of the Republic of Poland and art 1 § 4 of the Family and Guardianship Code as well as art. 60 of The Law on the Certificates of a Civil Status. These regulations entitle Polish citizens staying abroad to get married before a Polish consul. Nevertheless, they do not impose such a form of contracting a marriage.A man and a woman, who are Polish citizens staying abroad, can get married before a Polish consul or the other person designated to perform the functions of a consul. Such an opinion can be confirmed on the basis of current legal regulations. N obody doubted that art. 2 of the Family and Guardianship Code in its previous form confirmed that Polish citizens staying abroad could get married in accordance with lex loci celebrationis matrimonii being valid in the state of stay or before a Polish consul.It is always possible to choose between contracting a marriage according to the regulations of the state of stay before a local civil officer or before a consul. The only im portant condition for contracting a marriage before a consul is that it is not contrary to the laws of the state of stay of the people getting married.

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Kartyshev, D. V. "TRANSFORMATION OF THE INSTITUTIONAL BASE OF WORLD CARGO TRANSPORTATION." Economic innovations 19, no. 2(64) (July 7, 2017): 124–28. http://dx.doi.org/10.31520/ei.2017.19.2(64).124-128.

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The practice of international merchant shipping and the practice of international trade in goods are interrelated at different levels - from historical to the level of a separate treaty. Here, contracts for the purchase and sale of goods, transportation, insurance, financing, transport and warehouse documents of title are intertwined and interact. The necessary degree of awareness in these issues is an indispensable condition for both successful business activity and for solving the problems of unification of maritime and commercial law. The process of the unification of law began primarily in the field of international transport law. Universal international legal unification of material norms of contracts of sale of goods was held in 1980 in the form of the Vienna Convention. The creation of the Brussels Convention and the Hamburg Rules was preceded by the study of the commercial and economic aspects of the bill of lading in the trade turnover. For example, in 53 paragraphs of the report of the UNCTAD secretariat on a bill of lading, the following issues were covered in various ways: 1) the inversion of a bill of lading; 2) the effectiveness of its role in the sale of goods - in terms of transfer of ownership or risk of damage, as well as in operations related to shipping conditions (for example, FOB, CIF); 3) the role of the bill of lading in the sale of documents; 4) the role of the bill of lading in bank letters of credit; 5) the effectiveness of the bill of lading as a receipt for the goods; 6) the status of a bill of lading as a contract of carriage; 7) the status of a bill of lading as a document of title. In 1996, UNCTAD discussed the proposal to include in its work program a review of existing practices and legislation in the field of international maritime transport of goods with a view to identifying areas that require uniform rules, and with a view to achieving greater harmonization of laws . The proposal was accompanied by information that in existing national laws and international conventions there are significant gaps regarding the functioning of bills of lading and sea waybills, the connection of these transport documents with the rights and obligations of the seller and buyer of goods, the legal status of entities providing financing to one of the parties to the contract of carriage Cargo. In some states there is a regulatory framework for these issues, but it is not uniform. And in many states there is no regulatory framework in this sphere at all. This circumstance is an obstacle to the free movement of goods and increases the value of transactions. The widespread use of electronic means of communication in the transport of goods further exacerbates the consequences of the fragmentation and non-unification of various laws and leads to the need to develop uniform provisions on specific issues related to the use of the applied technologies.

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Ferrari, F. "Principes Generaux et Conventions Internationales de Droit Commercial Uniforme: La Convention de Vienne de 1980 sur la Vente et Les Conventions D'unidroit de 1988." Uniform Law Review - Revue de droit uniforme 2, no. 3 (August 1, 1997): 472–73. http://dx.doi.org/10.1093/ulr/2.3.472.

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Komarov, A. "Unidroit Principles - As A Means Of Interpreting Or Supplementing Other International Uniform Law Instruments And Application As International Trade Usage Under Article 9(2) Of The 1980 Vienna Convention - Preamble; Article 7.4.13./Principes DUnidroit - Moyen Pour Interpreter Ou Completer DAutres Instruments Du Droit International Uniforme, Et Application Comme Usage Du Commerce International En Vertu De LArticle 9(2) De La Convention De Vienne De 1980 - Preambule; Article 7.4.13." Uniform Law Review - Revue de droit uniforme 6, no. 3 (December 1, 2001): 656–57. http://dx.doi.org/10.1093/ulr/6.3.656.

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Clark, Belinda. "The Vienna Convention Reservations Regime and the Convention on Discrimination Against Women." American Journal of International Law 85, no. 2 (April 1991): 281–321. http://dx.doi.org/10.2307/2203063.

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The law governing the admission of reservations to treaties has evolved over the past sixty years, as is demonstrated by the Vienna Convention on the Law of Treaties, which incorporates a regime on reservations that represents a significant change in the law as it was generally understood in the first part of this century. Whereas it was once widely considered that the unanimous consent of the other parties to a treaty was required to admit a reservation, the Vienna Convention implemented a new system in which this condition is generally not necessary. The regime on reservations is contained in section 2 of the Convention (Articles 19-23), which, together with the definitional article (Article 2(1)(d)), determines what constitutes a reservation, the criteria it must meet to be permissible, and the effect it will have, both in the event that it is accepted by other contracting states and in the more problematic event that it is not.

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Yee, S. "The Law of Treaties Beyond the Vienna Convention." Chinese Journal of International Law 11, no. 2 (June 1, 2012): 367–68. http://dx.doi.org/10.1093/chinesejil/jms039.

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Brindle, M. "The Vienna Sales Convention and the financial markets." Capital Markets Law Journal 3, no. 4 (September 2, 2008): 486–99. http://dx.doi.org/10.1093/cmlj/kmn023.

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Fidelia, Fidelia, Syahmin Awaludin Koni, and Dedeng Zawawi. "Analisis Vienna Convention 1969 Mengenai Ketentuan Pembatalan, Pengakhiran dan Penundaan Atas Suatu Perjanjian Internasional." Jurnal Ilmiah Penegakan Hukum 6, no. 2 (December 3, 2019): 108. http://dx.doi.org/10.31289/jiph.v6i2.2749.

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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.

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Slakoper, Zvonimir, and Josip Dešić. "Jednostrani raskid kupoprodajnog ugovora poslije dospijeća obveza strana prema Konvenciji UN o međunarodnoj prodaji robe." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 195–217. http://dx.doi.org/10.30925/zpfsr.41.1.9.

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The paper deals with avoidance of a contract of sale after the maturity of the parties' obligations under the UN Convention on the International Sale of Goods (The Vienna Convention). The Vienna Convention is a multilateral treaty establishing a unified legal regime for cross-border sales of goods, which form the backbone of international trade. The Vienna Convention is therefore considered to be one of the fundamental conventions of international commercial law, that is in force in 93 countries from all legal traditions and levels of economic development, which together represent more than two thirds of the global economy, which has greatly contributed to the harmonization of international trade law and the increase degree of legal certainty in international trade. In an effort to be acceptable to different legal systems, the Vienna Convention has largely deviated from the solutions of national rights and legal circles and created autonomous concepts and solutions. Special creative solutions were foreseen for the avoidance of the contract. The paper specifically analyzes avoidance in case of fundamental breach of contract, avoidance in case of the failure to comply with the additional deadline, avoidance in case of non-compliance, as well as avoidance because of the rights or claims of third parties. Particular attention is paid to complete and partial avoidance and avoidance in successive deliveries.

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LE MON, CHRISTOPHER J. "Post-Avena Application of the Vienna Convention on Consular Relations by United States Courts." Leiden Journal of International Law 18, no. 2 (June 2005): 215–35. http://dx.doi.org/10.1017/s092215650500261x.

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Following the judgment of the International Court of Justice in the Avena case, US courts have had a mixed record in applying the decision domestically. In this article, I examine the treatment by US courts of claims by criminal defendants alleging Vienna Convention violations, subsequent to the Avena judgment. First, I discuss the two limited decisions so far taken by the US Supreme Court regarding the Vienna Convention, and briefly explain several of the judicially-created rules that have prevented most US courts from reaching the merits of Vienna Convention claims. Next, I analyse the ICJ judgment in the LaGrand case, and provide an overview of the reception of that case by the US courts. After a summary of the Avena decision, I turn to the latest cases in which Vienna Convention claims based on Avena have been raised in US courts, focusing on the two most important decisions, and examining their contradictory rulings. As the US Supreme Court has now decided to hear an appeal in one of these cases, I conclude by arguing that the Supreme Court should take the opportunity to elucidate the role of the International Court of Justice in US law when the United States has consented to binding treaty interpretation by that court.

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Ferrari, Franco. "Interprétation uniforme de la Convention de Vienne de 1980 sur la vente internationale." Revue internationale de droit comparé 48, no. 4 (1996): 813–52. http://dx.doi.org/10.3406/ridc.1996.5312.

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Winship, Peter. "Exemptions under article 79 of the Vienna Sales Convention." Rabels Zeitschrift für ausländisches und internationales Privatrecht 68, no. 3 (2004): 495. http://dx.doi.org/10.1628/0033725042946915.

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Dokter, Daan. "Interpretation of exclusion-clauses of the Vienna Sales Convention." Rabels Zeitschrift für ausländisches und internationales Privatrecht 68, no. 3 (2004): 430. http://dx.doi.org/10.1628/0033725042946988.

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Sand, Peter H. "Protecting the Ozone Layer: The Vienna Convention is Adopted." Environment: Science and Policy for Sustainable Development 27, no. 5 (June 1985): 18–43. http://dx.doi.org/10.1080/00139157.1985.9930846.

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Binder, Christina, and August Reinisch. "‘50 Years Vienna Convention on the Law of Treaties’." Austrian Review of International and European Law Online 24, no. 1 (June 1, 2021): 1–5. http://dx.doi.org/10.1163/15736512-02401002.

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Germain, Claire M. "The United Nations Convention on Contracts for the International Sale of Goods: Guide to Research and Literature." International Journal of Legal Information 24, no. 1 (1996): 48–70. http://dx.doi.org/10.1017/s0731126500000068.

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On January 1, 1988, the United Nations Convention on Contracts for the International Sale of Goods (the Convention) became effective in the United States. In general, the Convention (also referred to as the “Vienna Sales Convention,” the “Sales Convention,” the “CISG,” or the “UN Convention”) applies to contracts for the sale of goods between enterprises having their places of business in different countries, provided these countries have adopted the Convention. Freedom of contract, however, is a fundamental principle of the Convention, and the parties may opt out or modify the effects of its provisions.

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Journal articles on the topic 'Vienna Convention of 1983'

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