Suchergebnisse

I. Statement of the Problem -- II. Jurists and Unilateral Denunciation -- Zouche -- Wolff -- Grotius -- Vattel -- Wildman -- Rivier -- Halleck -- Kent -- F. von Martens -- Calvo -- Bonfils -- Bello -- Cavaglieri -- Guggenheim -- Ross -- Liszt -- Bluntschli -- Sauer -- Spiropoulos -- Schwarzenberger -- Fauchille -- Rousseau -- Anzilotti -- Verdross -- Fenwick -- Dupuis -- Axell Moller -- Fiore -- Wheaton -- Moore -- Pitt Cobbett -- Hall -- Crandall -- Oppenheim -- Hyde -- Brierly -- McNair -- Fitzmaurice -- Korovin -- The Harvard Research in International Law -- The American Law Institute -- The United Nations International Law Commission -- Conclusion -- III. Judges and Unilateral Denunciation -- The Tacna Arica Case -- The Diversion of Water from the Meuse Case -- Ware v. Hylton -- In re Thomas -- Hooper v. The United States -- The Chinese Exclusion Case -- Terlinden v. Ames -- Charlton v. Kelly -- The Blonde and Other Ships Case -- In re Lepeschkin -- Attorney-General of the Court of Appeal of Brussels v. Aron -- In re Totarko -- Security for Costs (Switzerland) Case -- Conclusion -- IV. Private Law Analogy and Unilateral Denunciation -- French Law -- German Law -- Other Continental and Latin American Legal Systems -- English Law -- American Law -- Indian Law -- Soviet Law -- Islamic Law -- Japanese Law -- Chinese Law -- Conclusion -- V. Related Problems -- Pacta Sunt Servanda and Unilateral Denunciation -- Unilateral Denunciation and Unanimity Rule -- The Rule of Extinctive Prescription and Unilateral Denunciation -- A Violated Treaty — Void or Voidable ? -- The Limitation of Substantial Breach -- The Principle of Severability of Provisions -- Unilateral Denunciation and Law-Making Treaty -- The Concept of the Rule of Law and Unilateral Denunciation -- The Sanction of What is Proper and Public Opinion -- VI. Practice of States and Unilateral Denunciation -- The Anglo-American Treaty of Peace of 3 September 1783 -- The Franco-American Treaties, 1778–1790 -- The Ancient Anglo-Spanish Treaties -- Convention between Great Britain, the Netherlands and Russia, 19 May 1815 -- The Russo-British Convention of 16 November 1831 -- The Declaration of Paris of 1856 -- The Anglo-Transval Boers Agreement of 1852 -- The Treaty of 11th May 1867 on the Neutrality of Luxemburg -- The Treaty of London of 1839 on the Neutrality of Belgium -- The Treaty of Paris of 1856 -- The Anglo-Uruguayan Postal Agreement of 28 November 1853 -- The Anglo-Honduran Agreement of 27 August 1856 -- The Proposed Anglo-American Treaty of Extradition of 1876 -- The Anglo-American Treaty of Extradition of 9 August 1842 -- The Clayton-Bulwer Treaty of 19 April 1850 -- The Sino-American Treaties, 1844–1880 -- Reciprocal Trade Agreements between the U.S.A. and Other States -- The Italo-American Extradition Conventions of 8 February 1864 & 1884 -- The Russo-American Treaty of Commerce and Navigation, 1832 -- The Fifth Treaty of the Triple Alliance, 5 December 1912 -- The Prusso-American Treaty of Commerce and Navigation, 1828 -- The Japanese-American Agreement of 1907–08 -- Statute of the Permanent Court of International Justice -- Treaty for the Renunciation of War (Briand-Kellog Pact), 1928 -- Treaty of Friendship, Commerce and Consular Rights between Germany and the United States, 8 December 1923 -- The Versailles Treaty, 28 January 1919 -- The Locarno Treaty, 16 October 1925 -- The Anglo-Guatemalan Treaty of 1859 -- The International Load Line Convention, 5 July 1930 -- The Munich Agreement, 29 September 1938 -- The Soviet-Yugoslav Treaty, February 1948 -- Yugoslav-Albanian Treaties -- The Hungaro-Yugoslav Treaty of 24 July 1947 -- The Soviet-Yugoslav Treaty of Friendship, 11 April 1945 -- The Polish-Yugoslav Treaty of Friendship, 18 March 1946 -- The Hungaro-Yugoslav Treaty of Friendship, 8 December 1947 -- Bulgar-Yugoslav Treaties -- The Czechoslovak-Yugoslavian Treaty of 9 May 1946 -- Albano-Yugoslav Treaty of Friendship, 9 July 1946 -- The Anglo-Egyptian Treaty of Friendship and Alliance, 12 August 1936 -- The Anglo-Egyptian Conventions of 1899 on the Sudan -- The Italian Peace Treaty, 10 February 1947 -- The Sino-Soviet Treaty of 24 August 1945 -- The Soviet-British Treaty of Alliance of 1942 and the Franco-Soviet Treaty of Alliance of 1944 -- The Anglo-Egyptian Treaty on the Suez Canal Base, 1954 -- The Quadripartite Agreements of 1944 and 1945 on Berlin. -- Agreement Relative to the Withdrawal of Offensive Weapons from Cuba, October 1962 -- Treaty on a Partial Test Ban, July 1963 -- Conclusion -- VII. Discussions Relative to Unilateral Denunciation in International Organisations and Conferences -- The Danube Convention and Conference -- The Palestine Armistice Agreements, 1949 -- The Korean Armistice Agreement of 1953 -- Conclusion -- VIII. Conclusions -- Selected Bibliography.

State territory — Territorial waters — Jurisdiction over — Inter-oceanic waterway — Navigable channel — Beagle Channel between Argentina and Chile — Islands at mouth of channel.Jurisdiction — Territorial — Over national waters — Maritime jurisdiction — Uti possidetis juris doctrineTreaties — In general — Title — Significance of — Preamble — Relevance ofTreaties — Interpretation — Principles and rules of interpretation — Interpretation by principles of Vienna Convention of 1969 on the law of treaties — Bases of negotiationTreaties — Interpretation of — Bilingual treaties — Varying versions — Maps and charts as evidence of contents — Confirmatory or corroborative incidents and material — Relevance of speech by Minister of Foreign AffairsTreaties — Special kinds of — Arbitration treaties — Denunciation of general treaty not affecting pending arbitration proceedingsDisputes — Arbitration — Law applied by arbitral tribunals — Decision in accordance with international law — Other matters to be taken into accountDisputes — Arbitration — Acceptance of arbitrationDisputes — Arbitration — Arbitration treaty — Denunciation of general treaty not affecting pending arbitration proceedingsDisputes — Arbitration — Appointment 'of members of Court of Arbitration — Death of a memberDisputes — Arbitration — Procedure — Visit to locus — Expenses — LanguageDisputes — Arbitration — Evidence — Boundary dispute — Relevance of cartography — The "time frame" — Maps and Admiralty charts — Memorandum by Admiralty hydrographer — Acts of jurisdiction as confirming or corroborative evidenceDisputes — Arbitration — The award — Declaration that decision constitutes the award — dispositif.State territory — Parts of — Water boundaries — Definition of boundary by arbitration — Tracing of boundary — Straight base lines — The Beagle Channel between Argentina and Chile — Islands at mouth of channel

International law in general — Subjects of international law International organizations — Status in international law — Limited capacities — Power to make and denounce treaties — Reasons for actingState territory — In general — Nature of territorial sovereignty — Office of international organization situated in territory of State — Relationship between organization and territorial sovereignJurisdiction — In general — Territorial — Exemptions from and restrictions upon territorial jurisdiction — International organizations — Agreements between organizations and host States regarding privileges and immunitiesDiplomatic and consular intercourse and privileges — Right of other persons to privileges and Immurriries — Officials of international organizations — Agreements between international organizations and host States regulating privileges and immunities of organization and its officialsTreaties — In general — Forms of international agreements — Informal agreements — Whether series of acts by parties evincing intention to create legal regime can give rise to legal obligationsTreaties — Conclusion and operation of treaties — Parties to treaties — Right to conclude treaties — International organizations — Treaties between international organizations and States — Host agreementsTreaties — Termination — By act of party — In general — Right of denunciation — Circumstances in which right of denunciation may be implied in treaty — Whether right subject to conditions concerning consultation and notice — Agreement between international organization and State concerning regional office of organization on territory of contracting State — Right of organization to transfer office — Mutual obligations of partiesTreaties — Termination — By act of party — Mutual consent — Revision of treaties — Agreement between international organization and State concerning regional office of organization — Whether provision for revision of agreement applicable in case where one party wishes to transfer office or terminate agreementTreaties — Termination — By act of party — Unilateral denunciation — Whether right of unilateral denunciation may be implied in treaty — Provisions of treaty — General international law — Agreement between international organization and State concerning regional office of organization — Right of unilateral denunciation — Whether subject to conditions regarding consultation and noticeTreaties — Interpretation — Consideration of preparatory work — Provision of treaty based upon similar provision in earlier treaty between different parties — Examination of preparatory work of earlier treaty — Agreements between international organizations and host StatesTreaties — Special kinds of treaties — Agreements between international organizations and host States — Legal status — Interpretation — DenunciationInternational organization and administration — International organization in general — Status of an international organization as a subject of international law — Limited nature of its capacities — Treaties between international organizations and States — Host agreements — Relationship between international organization and host State — Rights and duties of each party — Power of international organization to determine location of its regional offices Decision to transfer office to another State — Whether duty to consult — Whether notice to be given — Applicable legal principlesInternational organization and administration — The United Nations — Other organs of the United Nations — International Court of — Justice — Function of the advisory jurisdiction of the Court as part of the United Nations system — Duty of Court to assist other organs and agencies of the United NationsDisputes — International Court of Justice — Advisory jurisdiction Competence — Request for advisory opinion allegedly made for political reasons — Argument not advanced before Court — Whether Court should take cognizance of argument — Relevance of motives for making request — Whether Court should decline to give advisory opinion on questions forming part of wider political dispute — Distinction between political character of problem giving rise to request and legal character of subject-matter of request — Formulation of questions to examine wider legal issues relevant to the case — Whether Court entitled to re-phrase questionsDisputes — The International Court of Justice — Advisory jurisdiction — Opinion — Reasons for opinion — Opinion as lowest common denominator of the views of the concurring judges — Role of separate opinionsInternational organization and administration — Specialized agencies of the United Nations — World Health Organization — Arrangements between WHO and host State concerning regional office of WHO — Legal nature of arrangements — Legal relationship between international organization and host State — Whether subject to a contractual regime — Whether agreement between WHO and host State regulating privileges, immunities and facilities a "host agreement" — Right of WH0 to transfer regional office to another State — Whether involving denunciation of agreement — Whether provisions regulating revision of agreement applicable to transfer of office Legal principles governing transfer of office — Duty of consultation — Reasonable period of notice — Concept of 'establishment' of regional office — Legal concept — Establishment resulting from series of acts based on mutual understanding and from formal agreementTreaties — In general — Conception and function — Agreement between international organization and host State — Legal status and function — Forms of international agreements — Whether series of acts by parties evincing intention to create legal regime capable of giving rise to legal obligations — Right to conclude treaties International organizationsTreaties — Termination — By act of party — In general — Right of denunciation — Circumstances in which right of denunciation may be implied in treaty — Whether right subject to conditions concerning consultation and notice — Agreement between international organization and host State — Right of organization to transfer office — Whether involving denunciation of agreement — Whether governed by provision concerning revision of agreement — Interpretation — Consideration of preparatory work — Provision based upon similar clause in earlier treaty — Examination of preparatory work of earlier treatyDisputes — International Court of Justice — Advisory jurisdiction — Competence — Request for advisory opinion allegedly made for political reasons — Argument not advanced before Court — Whether Court should take cognizance of argument — Relevance of motives for making request — Whether Court should decline to give advisory opinion on questions forming part of wider political dispute Distinction between political character of problem giving rise to request and legal character of subject — matter of request — Formulation 451of questions in request — Whether Court entitled to go behind formulation of questions to examine wider legal issues relevant to the case — Whether Court entitled to re — phrase questions — Advisory opinion — Reasons for opinion — Opinion as lowest common denominator of the views of the concurringjudges — Role of separate opinionsInternational law in general — Subjects of international law — International organizations — Status in international law — Limited international legal capacity — Power to make and denounce treaties — Whether obliged to act only to further objectives laid down in constitution of organizationState territory — In general — Nature of territorial sovereignty — Office of international organization situated in territory of State — Relationship between organization and territorial sovereign — Jurisdiction — Exemptions from — Privileges and immunities of international organizations

Treaties — Termination of — By act of party — Mutual consent — Tacit — Subsequent treaty dealing with similar subject-matter — Hague Convention on Civil Procedure, 1905 — Provision exempting nationals of signatory States from giving security for costs before courts of other signatory States — France and Russia both signatory States — Agreement between France and Soviet Union suspending operation of Franco — Russian agreements — Subsequent agreements providing for freedom of access to courts by restricted categories of nationals — Whether implied denunciation of Hague Convention — The law of France.The individual in international law — Aliens — Position of — Treatment by and responsibilities of receiving State — Access to courts on same terms as nationals — Hague Convention on Civil Procedure, 1905 — Security for costs — France and Russia both signatory States — Agreement between France and Soviet Union suspending operation of Franco-Russian Agreements — Subsequent agreements providing for freedom of access to courts of restricted categories of nationals — Whether implied denunciation of Hague Convention — Reciprocity — Exemption of foreign nationals in U.S.S.R. from giving security for costs — Whether Soviet national exempt from giving security for costs — The law of France.

Three momentous events of the 1960's—the war in Vietnam, the steady worsening of the Sino-Soviet dispute, and the Chinese acquisition of nuclear weapons—portend a shift in the political center of gravity from Europe to Asia in the last third of this century. The Soviet invasion of Czechoslovakia only temporarily ruffled Europe's political terrain, and, while it damaged Moscow's international prestige, it never threatened to'escalate into superpower confrontation on the continent. The United States and its North Adantic Treaty Organization (NATO) allies, in fact, went out of their way to avoid provoking the Soviet Union; the ritualistic tone of their denunciations of the invasion indicated that, as after Hungary in 1956, the West was resignedtoMoscow's freedom of action in its Eastern European "sphere of influence". Emboldened by the Western response, the Soviet Union reiterated with increased vigor its proposal for a European security conference to freeze the status quo in Europe.

International law in general — Nature and binding force — Concept of equity — Whether a matter of abstract justice or of rule of law requiring application of equitable principles — Nature of duty to negotiate towards equitable settlementState territory — Parts of State territory — Territorial waters Breadth and delimitation of the maritime belt — Whether determined by international law — Fishing limits — Whether internatonal law restricts fishing limits to twelve miles from coastState territory — Parts of State territory — Territorial waters Fisheries — Exclusive fishing zone — Whether extent prescribed by international law — Whether limited to twelve miles from coast — Preferential rights of coastal State beyond territorial watersState territory — Parts of State territory — Continental shelf — Rights of State over waters above its continental shelf — Fisheries — Development of concept of sovereignty over continental shelf — Effect on changing law of the seaState territory — Parts of State territory — State servitudes — Fishing rights in high seas — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesJurisdiction — High seas — Conception of the high seas and freedom of the sea — Theory of absolute freedom of the high seas — Qualifications thereof — Fisheries — Duty to have regard for interests of other States — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesTreaties — Conclusion and operation of treaties — Conditions of validity — Effect of duress — Anglo — Icelandic Exchange of Notes 1961Treaties — Termination — By operation of law — Fundamental change of circumstances — Relevance of change of circumstances to treaty — Failure of consideration — Anglo-Icelandic Exchange of Notes 1961Treaties — Termination — By act of party — Unilateral denunciation — Circumstances in which State entitled to denounce treaty Anglo — Icelandic Exchange of Notes 1961Disputes — International Court of Justice — Contentious jurisdiction — Competence — Jurisdiction under treaty — Anglo-Icelandic Exchange of Notes — Refusal of State to appear — Whether affecting jurisdiction of the CourtDisputes — International Court ofJustice — Contentious jurisdiction — Competence — Interim measures of protectionDisputes — International Court of Justice — Contentious jurisdiction — Procedure — Effect of refusal of State to appearDisputes — International Court ofJustice — Contentious jurisdiction — The law applicable — Rule of law requiring application of equitable principles — Competence of Court to indicate equitable principles as guide to negotiationDisputes — Negotiation — Relationship between negotiation and judicial settlement — International Court of JusticeJurisdiction — In general — Territorial — Over fisheries — Extent of — Whether limited to twelve miles — Whether extension to fifty miles permissible — Icelandic claim — Whether opposable to United Kingdom — Adjacent waters — Rights of the coastal State Exceptional dependence upon fisheries — Conservation — Preferential rights of coastal State — Historic rights of other States — Duty of States to negotiate equitable balance between rights — Anglo-Icelandic Exchange of Notes 1961Treaties — Conclusion — Conditions of validity — Duress — Termination — By operation of law — Fundamental change of circumstances — Failure of consideration — Termination by act of party — Unilateral denunciation — Anglo — Icelandic Exchange of Notes 1961Disputes — International Court of justice — jurisdiction — Treaty conferring jurisdiction denounced by one party — Procedure Interim measures of protection — Nature of a dispute — Relationship between judicial process and negotiationInternational law in general — Nature and binding force — Concept of equity — Equity and law — Sources of international law — Custom — Conditions for existence of rule of custom — The law of the sea

In a post-world war economic and political context, the signing of the "Modified Reciprocal Trade agreement between the United States of Venezuela and the United States of America" appears on August 28, 1952. Under the auspices of right wing dictatorial regime, Venezuela was changing the course of its international politics and its leaders wanted to stimulate foreign investment, particularly from oil companies. However, in March 1959 the United States imposed the "Mandatory Import Program." The treaty with Venezuela was thus unilaterally broken. In 1962, President Kennedy introduced an even more discriminatory Petroleum Restrictions Program in violation of the Treaty. Venezuela's denunciation of the agreement was officially notified to the United States ambassador in Caracas on December 31, 1971. ; En un contexto económico y político de la posguerra mundial aparece la firma del "Tratado modificado de reciprocidad comercial entre los Estados Unidos de Venezuela y los Estados Unidos de América", con fecha 28 de agosto de 1952. Bajo los auspicios de un régimen dictatorial de derecha, Venezuela cambiaba el rumbo en su política internacional y sus gobernantes deseaban estimular la inversión extranjera, en particular de empresas petroleras. Sin embargo, en marzo de 1959 Estados Unidos impuso el "Programa obligatorio de importaciones". El tratado con Venezuela quedaba así quebrantado unilateralmente. En 1962, el presidente Kennedy implantó un Programa de Restricciones Petroleras aún más discriminatorio y violatorio del Tratado. La denuncia del Tratado por parte de Venezuela fue notificada oficialmente al embajador de los Estados Unidos en Caracas el 31 de diciembre de 1971.

International law in general — Nature and binding force — Concept of equity — Whether a matter of abstract justice or of a rule of law requiring application of equitable principles — Nature of duty to negotiate towards equitable settlementState territory — Parts of State territory — Territorial waters Breadth and delimitation of the maritime belt — Whether determined by international law — Fishing limits — Whether international law restricts fishing limits to twelve miles from coastState territory — Parts of State territory — Territorial waters — Fisheries — Exclusive fishing zone — Whether extent prescribed by international law — Whether limited to twelve miles from coast — Preferential rights of coastal State beyond territorial watersState territory — Parts of State territory — Continental shelf Rights of State over waters above its continental shelf — Fisheries — Development of concept of sovereignty over continental shelf — Effect on changing law of the seaState territory — Parts of State territory — State servitudes ' Fishing rights in high seas — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesJurisdiction — High seas — Conception of the high seas and freedom of the sea — Theory of absolute freedom of the high seas — Qualifications thereof — Fisheries — Duty to have regard for interests of oilier States — Preferential rights of coastal State in adjacent waters — Historic rights of other StatesState responsibility — Damages — Award of damages in general — Jurisdiction of International Court of Justice to award damages — Applicant seeking declaration that State's acts illegal and that general obligation to compensate exists — No evidence of details of damage — Whether requested declaration too abstractTreaties — Conclusion and operation of treaties — Conditions of validity — Effect of duress — Exchange of Notes 1961 between Federal Republic of Germany and IcelandTreaties — Termination — By operation of law — Fundamental change of circumstances — Relevance of change of circumstances to treaty — Failure of consideration — Exchange of Notes 1961 between Federal Republic of Germany and IcelandTreaties — Termination — By act of party — Unilateral denunciation — Circumstances in which State entitled to denounce treaty — Exchange of Notes 1961 between Federal Republic of Germany and IcelandDisputes — International Court of Justice — Organization of the Court — Appointment of judge ad hoc — Common interest between two States bringing parallel proceedings — Justification for refusal to appoint a judge ad hocDisputes — International Court of Justice — Contentious jurisdiction — Competence — Access to the Court — Applicant State becoming a party to the Statute of the Court after crystallization of disputeDisputes — International Court of Justice — Contentious jurisdiction — Competence — Interim measures of protectionDisputes — International Court of Justice — Contentious jurisdiction — Competence — Jurisdiction under treaty — Exchange of Notes 1961 between Federal Republic of Germany and Iceland — Refusal of State to appear — Whether affecting jurisdiction of the CourtDisputes — International Court of Justice — Contentious jurisdiction — Competence — Request for declaration that State under an obligation to compensate applicant for damage caused by allegedly unlawful acts — Whether requested declaration too abstract Request contained in Memorial on merits but not in application Whether a permissible amendmentDisputes — International Court of Justice — Contentious jurisdiction — Procedure — Effect of refusal of State to appearDisputes — International Court of Justice — Contentious jurisdiction — The law applicable — Rule of law requiring application of equitable principles — Competence of Court to indicate equitable principles as guide to negotiationDisputes — Negotiation — Relationship between negotiation and judicial settlement — International Court of JusticeJurisdiction — In general — Territorial — Over fisheries — Extent of — Whether limited to twelve miles — Whether extension to fifty miles permissible — Icelandic claim — Whether opposable to Federal Republic of Germany — Adjacent waters — Rights of the coastal State — Exceptional dependence upon fisheries — Conservation — Preferential rights of coastal State — Historic rights of other States — Duty of States to negotiate equitable balance between rights — Exchange of Notes 1961 between Federal Republic of Germany and IcelandInternational law in general — Nature and binding force — Concept of equity — Equity and law — Sources of international law — Custom — Conditions for existence of rule of custom — The law of the seaTreaties — Conclusion — Conditions of validity — Duress — Termination — By operation of law — Fundamental change of circumstances — Failure of consideration — Termination by act of party — Unilateral denunciation — Exchange of Notes, 1961, between Federal Republic of Germany and IcelandDisputes — International Court of Justice — Jurisdiction — Treaty conferring jurisdiction denounced by one party — Procedure — Interim measures of protection — Nature of a dispute — Relationship between judicial process and negotiation — Declaration of obligation to make compensation