Download e-book for iPad: The Unanimity Rule in the Revision of Treaties a by Edwin C. Hoyt (auth.)

By Edwin C. Hoyt (auth.)

ISBN-10: 9401187215

ISBN-13: 9789401187213

ISBN-10: 9401195668

ISBN-13: 9789401195669

In overseas legislation the authority of the writers has been nice and the Statute of the foreign courtroom of Justice nonetheless takes awareness of them as subsidiary resources. but it's been well known that on many issues writers, even of the main respecta­ ble authority, have only repeated the statements in their predecessors, occasionally with the outcome that blunders or a few indivi­ twin dogma or predilection has been perpetuated. The three-mile restrict of territorial waters, for instance, was once lengthy pointed out with the diversity of cannon and with the recognized dictum of Galiani till smooth ancient study published extra thoroughly its historic beginning within the perform of states. The very definition of internation­ al legislation as a legislations of which simply states have been topics impelled to a little bit far-fetched inclusions of sure political entities as "states," and has had eventually to yield not less than to the concept a global association can also be a topic of inter­ nationwide legislation. The lengthy repetition of the fundamental attributes ot states - sovereignty, independence, equality - has no longer altered the realities of the very nice transformations among states in recognize of every of those attributes. As Cardozo acknowledged of definitions, if our preconceived notions of foreign legislation don't accord with the proof of foreign existence, rather a lot the more serious for these previous no­ tions; they have to be revised to be introduced into line with reality.

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Additional resources for The Unanimity Rule in the Revision of Treaties a Re-Examination

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16 DEP'T STATE BULL. 727 (1947).

1 Typical was the comment of the German Federal Republic: The essential importance of the Warsaw Convention of the 12th of October, 1929, lies in the fact that, throughout the world, it has created a uniform legal basis for international air traffic ... , Everything should, therefore, be avoided that might endanger the present uniformity in air traffic law. A revision of this Convention or the conclusion of an additional Protocol can, therefore, be advocated only if it may be assumed with certainty that the great majority of the signatory States to the Warsaw Convention will also ratify the Additional Protoco1.

On the subject of revision the Warsaw Convention provided only that any contracting party might call for a revisory conference (Art. 41). 8 See 2 INTERNATIONAL CIVIL AVIATION ORGANIZATIOX. IXTERNATIONAL CONFERENCE ON PRIVATE AIR LAW, THE HAGUE 70 (1955). N. GENERAL ASSEMBLY OFF. , 4 38 GENERAL TREATIES No state represented at the Hague suggested that unanimity of the parties to the Warsaw Convention would be required for revision, but most of those which expressed themselves upon the point agreed that the consent of a substantial proportion of the parties to the Warsaw Convention should be required.

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