Книги: "Treaty instrument"

1

Ziolkowski, Andrzej. Die NATO: Instrument der US-Politik in Europa. Münster: Agenda, 1999.

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2

Linke, Gerrit. Das Instrument der verstärkten Zusammenarbeit im Vertrag von Nizza: Möglichkeiten eines Europas der differenzierten Integration. Frankfurt am Main: P. Lang, 2006.

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3

Stahl, Friedrich. Der Versailler Vertrag vom 28. Juni 1919 als Instrument zur Ausbeutung, Erniedrigung und Schikanierung Deutschlands: Die Geschichte des Vertrages und seine Bestimmungen. Bremen: Faksimile-Verlag, 1986.

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4

United States. Department of State, ed. Extradition: Instrument Amending the Treaty of October 1, 1996 between the United States of America and Luxembourg, Signed at Washington, February 1, 2005. Washington, D.C.]: U.S. Dept. of State, 2012.

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5

France. Extradition: Instrument Amending the Treaty of April 23, 1996 between the United States of America and France signed at the Hague, September 30, 2004. Washington, D.C.]: U.S. Dept. of State, 2012.

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6

United States. Department of State, ed. Extradition: Instrument Amending the Treaty of July 2, 1925, As Amended by the Supplementary Treaty of April 29, 1935 between the United States of America and the Slovak Republic, Signed at Bratislava, February 6, 2006, with Annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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7

United States. Department of State, ed. Extradition: Instrument amending the Treaty of June 17, 1996 between the United States of America and Cyprus signed at Nicosia, January 20, 2006, with annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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8

United States. Department of State, ed. Extradition: (Instrument Amending the Treaty of October 13, 1983 between the United States of America and Italy, Signed at Rome, May 3, 2006, with Annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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9

United States. Department of State, ed. Extradition: Instrument Amending the Treaty of July 13, 1983 between the United States of America and Ireland, Signed at Dublin, July 14, 2005, with Annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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10

United States. Department of State, ed. Extradition: Instrument Amending the Treaty of June 22, 1972 between the United States of America and Denmark signed at Copenhagen, June 23, 2005, with annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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11

United States. Department of State, ed. Extradition: Instrument amending the Treaty of April 27, 1987 between the United States of America and Belgium signed at Brussels, December 16, 2004, with annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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12

France. Mutual legal assistance: Instrument amending the treaty of December 10, 1998 between the United States of America and France, signed at the Hague, September 30, 2004. Washington, D.C.]: U.S. Dept. of State, 2012.

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13

United States. Department of State, ed. Mutual legal assistance: Instrument amending treaty of December 20, 1999 between the United States of America and Cyprus signed at Nicosia, January 20, 2006, with annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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14

Estonia. Mutual legal assistance: Instrument amending the treaty of April 2, 1998 between the United States of America and Estonia signed at Tallinn, February 8, 2006, with annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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15

United States. Department of State, ed. Mutual legal assistance: Instrument amending the treaty of December 17, 2001 between the United States of America and Sweden, signed at Brussels, December 16, 2004, with annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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16

United States. Department of State, ed. Mutual legal assistance: Instrument amending the treaty of January 28, 1988 between the United States of America and Belgium signed at Brussels, December 16, 2004, with annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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17

United States. Department of State, ed. Extradition: Instrument amending treaty of March 31, 2003 between the United States of America and the United Kingdom of Great Britain and Northern Ireland signed at London, December 16, 2004, with annex and exchange of notes. Washington, D.C.]: U.S. Dept. of State, 2012.

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18

United States. Department of State, ed. Mutual legal assistance: Instrument amending the treaty of January 6, 1994 between the United States of America and the United Kingdom of Great Britain and Northern Ireland, signed at London, December 16, 2004, with annex and exchange of notes. Washington, D.C.]: U.S. Dept. of State, 2012.

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19

United States. Department of State, ed. Extradition: Instrument Amending the Treaty of May 29, 1970, and the Supplementary Treaties of January 25, 1975, February 9, 1988, and March 12, 1996 between the United States of America and Spain, Signed at Madrid, December 17, 2004, with Annex. Washington, D.C.]: U.S. Dept. of State, 2012.

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20

Siegfried, Mauser, ed. Geschichte der Klavier- und Orgelmusik. Laaber: Laaber-Verlag, 2007.

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21

Looze, R. de. Tax treatment of derivative financial instruments under the Netherlands-US tax treaty. Deventer: FED, 2000.

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22

(Federation), Russia. Moscow treaty: Treaty between the United States of America and the Russian Federation on strategic offensive reductions, May 24, 2002. [Washington, D.C.]: U.S. Dept. of State, 2002.

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23

Cabral, Bernardo. O tratado de cooperação amazônica como instrumento institucional e legal para o gerenciamento de recursos hídricos da bacia amazônica. Brasília: Senado Federal, 2001.

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24

United Nations Centre for Human Rights., ed. Workshop on international human rights instruments and reporting obligations: Preparation of reports to United Nations human rights treaty bodies : report, Moscow 26-30 August 1991. New York: United Nations, 1992.

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25

Workshop on International Human Rights Instruments and Reporting Obligations (1991 Moscow, Russia). Workshop on International Human Rights Instruments and Reporting Obligations: Preparation of reports to United Nations human rights treaty bodies : report : Moscow, 26-30 August 1991. New York: United Nations, 1992.

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26

Workshop on international human rights instruments and reporting obligations: preparation of reports to United Nations human rights treaty bodies (1991 Moscow). Workshop on international human rights instruments and reporting obligations: preparation of reports to United Nations human rights treaty bodies: Report, Moscow, 26-30 August 1991. New York: United Nations, 1992.

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27

Mevorach, Irit. Instrument Choice and Design. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198782896.003.0004.

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This chapter identifies the best type of instrument for the global cross-border insolvency system. It questions the predisposition in favour of a treaty as the ultimate solution. It shows that, thus far, the key justification for a global treaty has been the idea that a treaty is required for the pursuit of pure universalism because it is hard law and thus binding. However, this assumption requires a reconsideration. This chapter argues that an instrument for a modified universalist system should have the characteristics of hard law in the sense that the instrument is more likely to promote high levels of precision and obligation. However, it also shows that the assumption that treaties are hard law and thus ideal international instruments is simplistic, as revealed through a broader analysis of the use of treaty and non-treaty law in international law, and in view of economic as well as behavioural perspectives.

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28

Ziolkowski, Andrzej. Die NATO: Instrument der US-Politik in Europa (Agenda Politik). Agenda, 1999.

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29

da Silva, Clare, and Brian Wood, eds. The Arms Trade Treaty. Intersentia, 2021. http://dx.doi.org/10.1017/9781839701603.

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On 2 April 2013, the United Nations General Assembly adopted the Arms Trade Treaty and on 24 December 2014, it entered into force. This marked the end of a long road towards achieving the first global treaty regulating the international trade in conventional arms and preventing their illicit trade and diversion. This book offers readers a concise and workable insight into each of the Articles of this important legal instrument, as well as its negotiation and scope of application. It brings together renowned state practitioners, legal academics and non-governmental expert analysts with different perspectives and backgrounds, many of whom were directly involved in the negotiation of the Treaty itself. The Arms Trade Treaty will provide a comprehensive commentary to guide academics, officials, diplomats and others in the implementation of the Treaty. This book was previously published by Larcier. By popular demand, it has been republished and is now available in eBook format.

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30

Frank, Berman, and Bentley David. Book VII Treaties and Treaty-Making, 32 Treaties and other International Instruments—II Treaty, Convention, Agreement, Protocol. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0032.

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This chapter discusses the most common forms of treaty instrument, namely those entitled ‘treaty’, ‘convention’, ‘agreement’, and ‘protocol’. Generally speaking, the designation ‘treaty’ has been reserved for international agreements of a particularly significant character, or to mark the political importance of the particular international agreement. The designation ‘convention’ tends to be utilized for multilateral treaties of a law-making type. The term ‘agreement’, like the term ‘treaty’ itself, is used to cover any meeting of minds, or an agreement intended to be binding, but usually of a less formal or significant nature than a treaty or convention. Finally, the word ‘protocol’ may, depending upon the context in which it is used, signify an addition to a treaty, a summary of official proceedings, or a technique of the proper method of doing things, including official etiquette.

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31

Decaux, Emmanuel. The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0004.

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The chapter is a presentation of the newest international human rights treaty, which entered into force in 2010. It is a very innovative and modern instrument, with a precise definition of the victim of a crime of enforced disappearance, as an autonomous crime, and a broad codification of the ‘right to truth, to justice and to reparation’ enshrined in article 24 of the treaty. As the ILC is working on the draft of an international convention for the prevention of crimes against humanity, it is important to avoid watering down the key legal progress enshrined in the International Convention for the Protection of All Persons from Enforced Disappearance.

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32

Ludovic, Hennebel, and Tigroudja Hélène. The American Convention on Human Rights. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780190222345.001.0001.

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The American Convention on Human Rights, adopted within the framework of the Organization of American States, is the central and essential instrument of the inter-American human rights law as elaborated by the Inter-American Commission and Court of Human Rights. This treaty, adopted on November 22, 1969, with twenty-three States Parties, contains eighty-two articles that set out the rights and freedoms that States undertake to respect and protect, and establishes various protection mechanisms, including an individual complaints mechanism. However, the American Convention is much more than an international treaty. The Convention is a complex instrument, which was born in a particular context, and which reflects the inter-American human rights particularism. Of course, it is a political instrument, which was adopted in the difficult context of the revolutionary fever of the late 1960s. It is also, and above all, an instrument of progress and justice, with an unequivocal purpose of emancipation of humankind. The Convention is finally a formidable legal instrument. This treaty, as interpreted and applied by the Inter-American Commission and Court of Human Rights, has become the legal basis of a creative, sophisticated, and protective inter-American legal regime of human rights. This inter-American human rights law, whether it embodies the hope of access to justice and equality for some, to truth for others, or to the protection of the most vulnerable, is also, for the lawyer, a paradigm for what is and what must be public international law centered on humanist and progressive values.

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33

United States. Department of State, ed. Mutual legal assistance: Instrument amending the treaty of November 9, 1982 between the United States of America and Italy, signed Rome, May 3, 2006, with annex. 2012.

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34

Stuart, Casey-Maslen, Clapham Andrew, Giacca Gilles, and Parker Sarah. Art.22 Entry into Force. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723523.003.0026.

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This chapter examines the ATT’s entry into force which is covered by Article 22 of the ATT. The treaty entered into force on 24 December 2014 in accordance with Article 22(1). For states that ratified the treaty after this date, they become party ninety days after the date of deposit of their instrument of ratification, acceptance, approval, or accession with the treaty Depositary, the UN Secretary-General. Article 22 is linked to the treaty as a whole insofar as it determined both when the ATT entered into force and when each state adhering to the treaty becomes party to it. According to Article 5(3), the definitions of arms and items under the treaty depended on the date of entry into force.

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35

United States. Department of State, ed. Mutual legal assistance: Instrument amending the treaty of January 18, 2001 between the United States of America and Ireland, signed at Dublin, July 14, 2005, with annex. 2012.

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36

Charles, Parkinson. 3 Sudan. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199231935.003.0003.

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The Sudan Self-Government Statute of 1953 contained the first bill of rights written in a territory under British dominion. The timetable for Sudan's constitutional decolonization and the content of its constitutional instrument were heavily influenced by international considerations, specifically because Britain shared dominion over the Sudan with Egypt and Egypt controlled the geopolitically crucial Suez Canal. Cold War politics then dictated that British policy on the Sudan was closely linked to Britain's negotiations with the Egyptian Government about a defence treaty over the Suez Canal. The impetus for the bill of rights came from educated northern Sudanese politicians who, inspired by international human rights instruments, saw a bill of rights as an aspirational statement of the Sudan's desire to become an independent nation state.

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37

Okeke, Edward Chukwuemeke. Sources of the Law of Immunity of International Organizations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190611231.003.0008.

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Because international law is central to the determination of the jurisdictional immunity of international organizations, this chapter examines the sources of the immunity of international organizations, which is mainly treaty law. The basic text or constituent instrument by which member States establish international organizations usually provides for the organizations’ privileges and immunities. Provisions on privileges and immunities are also found in national legislation, and bilateral agreements, such as headquarters agreements or establishment agreements. The chapter also examines whether the immunity of international organizations is governed by customary international law in addition to treaty law. It further examines the interrelationship between treaty and customary international law, and the relationship between international law and national law with respect to jurisdictional immunity.

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38

William A, Schabas. Part 13 Final Clauses: Clauses Finales, Art.125 Signature, ratification, acceptance, approval, or accession/Signature, ratification, acceptation, approbation ou adhésion. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0130.

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This chapter comments on Article 125 of the Rome Statute of the International Criminal Court. Article 125 governs the mechanisms by which States become parties to the Rome Statute. While a signature of a treaty may, under certain circumstances, constitute a means of indicating a State's acceptance to be bound by the treaty's provisions, in the context of the Rome Statute signature is only a preliminary act — ‘a first step to participation’. It must be followed by deposit of an instrument of ratification, approval, or accession for the State to become a party to the Statute. The article also establishes, although somewhat implicitly, that the Secretary-General of the United Nations is the depositary of the Statute.

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39

Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part VI Recurrent Issues of Harmonization, 21 Uniformity in Transnational Commercial Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0022.

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Chapter 21 addresses the formidable problem of achieving and maintaining uniformity in the interpretation and application of rules of uniform law instruments once they have been adopted by a number of States with quite different traditions with respect to treating legislative texts in the courts. To the extent that the relevant instrument is a convention (treaty) the relevant rules of public international law regarding the interpretation of treaties are, obviously, of paramount importance. However, court practice and legal doctrine have also tried to introduce mechanisms specifically designed to guarantee uniformity and consistency. Furthermore, modern treaties include provisions for periodic evaluation and review of the text's implementation in Contracting States. Official commentaries are more and more common, and they are sometimes more informative than the travaux préparatoires. Lastly, in some subject-matter areas industry stakeholders are publishing relevant materials, such as legal opinions, contract practice etc, that shed light on the state of uniformity.

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40

Stuart, Casey-Maslen, Clapham Andrew, Giacca Gilles, and Parker Sarah. Introduction. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723523.003.0001.

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This introductory chapter explores the history and development of arms trade treaties. The UN Disarmament Commission views arms transfers as a deeply entrenched phenomenon of contemporary international relations. Traditionally, the issue was linked largely to the issue of neutrality during time of war. Prior to recognition of conflicting parties as belligerents, ‘transfer of arms to opposition groups was an unfriendly act that could lead to war, while transfer of arms to governments was not’. The first international instrument to regulate the arms trade in the modern era was actually a treaty about slavery: the 1890 Brussels General Act, which intended to put an end to the crimes engendered by the traffic in African slaves. The chapter also turns to the global context by briefly discussing the ATT, the first global treaty governing arms transfers.

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41

Calloway, Colin G. Treaties and Treaty Making. Edited by Frederick E. Hoxie. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199858897.013.34.

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This chapter surveys how treaty making involving American Indians developed and changed over time. Early colonial treaties involved a hybrid diplomacy of Native rituals and European protocols, and business was conducted with wampum and oratory as much as with pen and paper. Increasingly, treaties involved land cessions. The United States adopted many of the forms of colonial treaties but employed them primarily as instruments of dispossession and removal. In the nineteenth century, the expanding nation-state made treaties that confined Indian peoples to reservations and that also included measures to “civilize” the tribes. Although Congress ended treaty making in 1871, “agreements” continued to be signed and treaties continued to have the force of law. Treaties were contracts between sovereigns, and tribes have invoked treaties to reassert their rights in modern America.

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42

Schimmelfennig, Frank, and Thomas Winzen. Ever Looser Union? Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198854333.001.0001.

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Differentiated integration is a durable feature of the European Union and a major alternative for its future development and reform. This book provides a comprehensive conceptual, theoretical and empirical analysis of differentiation in European integration. It explains differentiation in EU treaties and legislation in general and offers specific accounts of differentiation in the recent enlargements of the EU, the Euro crisis, the Brexit negotiations and the integration of non-member states. Differentiated integration is a legal instrument that European governments use regularly to overcome integration deadlock in EU treaty negotiations and legislation. Instrumental differentiation adjusts integration to the heterogeneity of economic preferences and capacities, particularly in the context of enlargement. By contrast, constitutional differentiation accommodates concerns about national self-determination. Whereas instrumental differentiation mainly affects poorer (new) member states, constitutional differentiation offers wealthier and nationally oriented member states opt-outs from the integration of core state powers. The book shows that differentiated integration has facilitated the integration of new policies, new members and even non-members. It has been mainly ‘multi-speed’ and inclusive. Most differentiations end after a few years and do not discriminate against member states permanently. Yet differentiation is less suitable for reforming established policies, managing disintegration, and fostering solidarity, and the path-dependency of core state power integration may lead to permanent divides in the Union.

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43

Walker, William. The International Nuclear Order after the Cold War—Progress and Regress. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828945.003.0005.

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The nuclear weapon’s emergence as an instrument of rivalry and deterrence, coupled with desire to use nuclear technology for civil purposes, created a pressing need, which continues, for the regulation of nuclear activity and relations. During the Cold War, a rule-based international nuclear order took shape around institutions of arms control and non-proliferation, resting upon ideas of mutual restraint, obligation, and eventual abolition whilst maintaining room for nuclear deterrence in specific contexts. Extended and deepened between the mid-1980s and 1990s, the order has since suffered a loss of coherence and respect for reasons including further weapon proliferation, Russia’s return to Cold War-style nuclear posturing, loss of US authority and consistency, regional conflict, and failure to honor Non-Proliferation Treaty pledges on disarmament. The Nuclear Weapon Ban Treaty has been one response. The greatest ordering challenges may come from technological changes, in cyber and other domains, threatening the safety and reliability of nuclear deterrence.

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44

European Union: Selected instruments taken from the treaties. Luxembourg: Office for Official Publications of the European Communities, 1995.

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45

Bruno, Simma, and Hernández Gleider I. Part I Conclusion of Treaties, 4 Legal Consequences of an Impermissible Reservation to a Human Rights Treaty: Where Do We Stand? Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0004.

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The Vienna Convention's regime on reservations is particularly unfit to cope with the specific characteristics of human rights treaties due to the very limited and particular role played by reciprocity and the ‘inward-targeted’ nature of the obligations stipulated in such instruments. Regional human rights courts and UN human rights treaty bodies have developed certain methods of monitoring the reservations practice of states parties to the respective instruments, but a central question has hitherto remained very controversial, namely that of the legal consequences of a reservation to a human rights treaty which is considered incompatible with that treaty's object and purpose and therefore impermissible. After many years of dealing with the topic of reservations, the UN International Law Commission has finally addressed this issue: Special Rapporteur Alain Pellet has proposed a solution which finds itself essentially in accord with the ‘severability’ doctrine advocated by the human rights community, reconciling this approach and the principle of treaty consent through the introduction of a presumption of severability of an invalid reservation from the body of a human rights treaty, to which the State making such a reservation will then remain bound in full. This chapter supports the Special Rapporteur's proposal, traces its development, and discusses both the advantages and the specific challenges posed by a presumption of severability.

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46

Frank, Berman, and Bentley David. Book VII Treaties and Treaty-Making, 31 Treaties and other International Instruments—I General Definition, Treaty Formalities. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0031.

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This chapter provides a general definition of treaties and their formalities. As there is no single, all-embracing definition of the term ‘treaty’ the chapter instead reviews particular aspects of the general definition of treaties: the agreements involving international organizations and oral agreements, the requirement that agreement should be governed by international law, and the instruments not intended to give rise to legal relations. The chapter then closes its first section with questions of form and terminology. The chapter also deals with the formalities in the drawing up of treaties. These are: the initialling and signatures, the preparation of signature texts, the languages used in the treaties, and registration and publication of treaties.

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47

Lavanya, Rajamani. Part II Negotiating Constitutionalism, Ch.9 International Law and the Constitutional Schema. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198704898.003.0009.

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This chapter examines the Indian constitutional scheme with regard to international law. It begins with an overview of the doctrinal debates surrounding key constitutional provisions relating to international law, with particular emphasis on Article 51(c) of the Indian Constitution. It then considers how Indian courts have viewed norms of international law with respect to the constitutional guidance to ‘foster respect for international law and treaty obligations’, along with the courts’ development of domestic rights jurisprudence in dialogue with international law. It also explores how the constitutional schema has become an instrument for a usurpation of power by the executive and the judiciary, while limiting the role of Parliament and ‘people power’ in relation to international law.

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48

Sharpe, Marina. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198826224.003.0008.

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Chapter 8 concludes with a summary of the book’s main findings, which relate to the initial impetus for a regional refugee instrument, the meaning of key terms of the 1969 Convention, its relationships with the international refugee convention and with regional human rights law, and the institutional architecture supportive of this treaty framework. It also addresses several overarching issues: the lack of formal supervision of the 1969 Convention, the challenge of effective implementation, and both negative and constructive forms of international responsibility sharing. Finally, it suggests a protection priority the AU and states should focus on going forward: fostering the local integration of refugees in protracted situations, including by respecting refugees’ work rights and their freedom of movement.

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49

Kirsten, Schmalenbach. 1 Legal Status (Personality), 1.4 Arab Monetary Fund v Hashim and others , 21 February 1991, United Kingdom House of Lords, 85 ILR 1. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0006.

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Анотація:

This article examines the question of what is the legal basis for granting foreign international organizations legal personality under the law of a state which is neither a party to the founding instrument nor the host state. In the considered case the House of Lords was faced with the task of deciding on the legal personality status of the Arab Monetary Fund (AMF) after the organization instituted fraud proceedings against a former Director General in the United Kingdom. As the founding treaty of the AMF had not been incorporated into UK law, the organization was not recognized under domestic law. The House of Lords took recourse to the federal decree of the United Arab Emirates (UAE) which had granted the AMF domestic legal personality.

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Alexandrowicz, C. H. The Partition of Africa by Treaty (1974). Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198766070.003.0020.

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Анотація:

This chapter analyses the partition of the African continent via treaties. It begins with an introductory examination of pre-nineteenth-century European–African treaty-making and references some classic writers to Africa. It then discusses relevant documents on the ‘scramble’ for titles to African territory. These demonstrate the extent to which normal institutions of the law of nations as originally applied to European–African relations degenerated into instruments of colonial penetration in the second half of the nineteenth century, particularly after the Berlin Conference of 1884–85, which led to a multilaterally conceived plan of partition of the whole continent. Partition took place in two phases, i.e. the transfer of legal titles to territory from the African transferor to the European transferee wherein the ruler still played an active part, and then the absorption of territory by annexation. Effective occupation by the Europeans usually came much later than the acquisition of legal title.

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