ON MARCH 12, 1993, NORTH KOREA ANNOUNCED THAT IT INTENDS TO WITHDRAW FROM THE NUCLEAR NON-PROLIFERATION TREATY. PYONGYANG'S DECISION IS WIDELY VIEWED AS HAVING POTENTIALLY SERIOUS IMPLICATIONS FOR EAST ASIAN SECURITY AND FOR THE GLOBAL NON-PROLIFERATION REGIME.
In: International law reports, Band 90, S. 365-386
ISSN: 2633-707X
States — Federal States and Confederations — Application of international law in dispute between States within Federation — Treaty dispute between Länder of Federal Republic of GermanyStates — Conduct of foreign relations — Treaty-making powers — Role of executive — Role of legislature — Discretionary powers of executive — Whether denunciation requiring ratification by legislatureTreaties — Termination — Denunciation — Multilateral treaties — Effects of denunciation — Treaty providing for denunciation without determining its effects — Whether denunciation resulting in withdrawal of denouncing party or dissolution of treaty relationship — Lack of general rule under customary international law — Whether dissolution or withdrawal more closely corresponding to hypothetical intention and interests of the parties366Treaties — Termination — Legal validity — Denunciation — Whether requiring ratification by legislature — Counter-denunciation — Conditions for effectiveness — Principle of good faith — Whether residual obligations are created by withdrawal from multilateral treaty relationship by one of the partiesTreaties — Interpretation — Rules of interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 and 32 — Intention of parties — Supplementary means of interpretation — Preparatory work — Circumstances of conclusion — Object and purpose of treaty — Subsequent practice of parties — Application of rules of international law to dispute concerning gap in provisions of treaty between Länder of the Federal Republic of GermanySources of international law — General principles of law — Loss of rights — Mistake in interpretation of treaty — Estoppel — AcquiescenceInternational organizations — Legal status — Common institutions established by multilateral treaty — Effect on operation of institutions of withdrawal of one of the parties to treaty — Norddeutscher Rundfunk — The law of the Federal Republic of Germany
ON MAY 11, 1993, THE UNITED NATIONS SECURITY COUNCIL APPROVED RESOLUTION 825, CALLING ON NORTH KOREA TO HONOR ITS TREATY OBLIGATIONS AND RECONSIDER ITS DECISION TO WITHDRAW FROM THE NUCLEAR NONPROLIFERATION TREATY. THE RESOLUTION WAS APPROVED 13-0, WITH CHINA AND PAKISTAN ABSTAINING.
In officially announcing its withdrawal from the Nuclear Non-Proliferation Treaty (NPT) on 12 March 1993, North Korea took an unprecedented step in the history of the treaty. The article discusses North Korea's nuclear programme, the means of putting pressure on this country by the International Atomic Energy Agency and regional and global implications of North Korean withdrawal from the NPT. (DÜI-Sen)
81States — Definition of State — Attributes of Statehood — Territory — Population — Government — Capacity to enter into foreign relations — Taiwan — Whether possessing attributes of Statehood — Significance of non-recognition by other StatesGovernments — Recognition — Effect of non-recognition — Taiwan — Withdrawal of recognition by United States — Whether withdrawal of recognition causing existing treaties between United States and Taiwan to terminateTreaties — Termination — Severance of diplomatic relations — Whether withdrawal of diplomatic relations automatically terminating treaty — Taiwan–United States Friendship, Commerce and Navigation Treaty, 1946 — United States severing diplomatic relations with Taiwan — Whether causing termination of treaty — Significance of views of the ExecutiveRelationship of international law and municipal law — Conduct of foreign relations — Role of the Executive, Senate and the courts — Treaties — Determination as to whether treaty still in force — Whether determination to be made by Executive or courts — Amendments to treaties — Constitutional requirement that treaty amendments requiring Senate approval — Whether change of name of party to treaty constituting an amendment — Taiwan Relations ActEconomics, trade and finance — Bilateral commercial treaties — Taiwan–United States Friendship, Commerce and Navigation Treaty, 1946 — The law of the United States
In: International law reports, Band 100, S. 404-407
ISSN: 2633-707X
404Extradition — Specialty — Extradition request concerning offences relating to kidnapping — Not all offences forming basis of extradition request enumerated in Extradition Treaty — Treaty permitting Contracting Parties to supplement offences enumerated in Treaty — Whether extradition request violating principle of specialty — France–Netherlands Extradition Treaty, 1895Extradition — Disguised extradition — Attempt to achieve object of unsuccessful extradition request by means of deportation order — Legality — Requesting State failing to secure extradition of person claimed for all offences specified in extradition request — Subsequent withdrawal of extradition request by requesting State — Whether withdrawal constituting an invitation to requested State to deport person claimed to requesting StateExtradition — Procedure — Withdrawal of extradition request — Whether requesting State having right to withdraw extradition request prior to receiving person claimedRelationship of international law and municipal law — Conduct of foreign relations — Relations with foreign government — Diplomatic note sent to foreign government regarding the lodging of extradition request — Whether subject matter of diplomatic note raising justiciable question — The law of the Netherlands
THE AUTHOR ENDEAVORS TO UNDERSTAND NORTH KOREA'S MOTIVATIONS FOR ANNOUNCING ITS WITHDRAWAL FROM THE NUCLEAR NONPROLIFERATION TREATY AND WHY DIPLOMATIC EFFORTS WERE SUCCESSFUL IN PERSUADING PYONGYANG TO REVERSE ITS DECISION.