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- 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.
Право международных договоров. Договорный процесс. Способы выражения согласия на обязательность международного договора (подписание, обмен документами, ратификация, присоединение).
- 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.
Дата публикования: 2015-01-13; Прочитано: 289 | Нарушение авторского права страницы | Мы поможем в написании вашей работы!