Search icone
Search and publish your papers
Our Guarantee
We guarantee quality.
Find out more!

An argument on dispute between States before the International Court of Justice

Or download with : a doc exchange

About the author

 
Level
Advanced

About the document

Acepublisher .
Published date
Language
documents in English
Format
Word
Type
presentations
Pages
5 pages
Level
Advanced
Accessed
0 times
Validated by
Committee Oboolo.com
0 Comment
Rate this document
  1. The invention of television or a succession of discoveries
    1. The discoveries that introduced the invention of television
    2. The birth of the term "television"
    3. From the mechanical television (1925-1931) to the electric television (1932-1945)
  2. Television in the footsteps of players like the radio
    1. The FCC and Congress: state control
    2. The networks: diffusion
    3. U.S. companies: financing
  3. Television and the American public
    1. Television proved to the Americans
    2. The placing of television sets on the market
    3. Programs
  4. Conclusion

It is part of the process of a litigation to identify the legal bases (or variables) that the litigants' arguments will thrive on. The following case will demonstrate the existence of treaties or binding objective situations that lie beyond the contracting parties of the circle.

The objective situation created by the Treaty of Washington

? Background:
The objective situations on the objective sought by the concerted actions, the States concerned were seeking to ensure the compliance of the other States.
These objective situations often have involved schemes of neutralization and demilitarization of free navigation on the waterways of international concern.

? Definition of the objective situation:

"The Powers have in effect, in many cases since 1815 and especially during the conclusion of the Treaty of Paris in 1856, sought to establish real objective rights, a real political status whose effects are felt outside the circle of the contracting parties "(Lawyers Committee consulted by the Council of the League about the case on the Aaland Islands).

The treaty establishing territorial statutes create a situation that objectively binds erga omnes (Latin for ?in relation to everyone' or ?toward all') and acquire "a permanence that the treaty itself does not necessarily establish" (February 3, 1994 ICJ, case concerning the territorial dispute between Libya and Chad) .

Under Article 38 of the Vienna Convention, the effects of a treaty can extend to others under the principle that a rule in a treaty will become a mandatory standard for the non-parties.

The provisions of a treaty may codify the practice and also might have a hand in creating it. It is the possibility for a "near-universal treaty to create the right beyond the circle of States Parties" (ICJ, Case concerning the Continental Shelf in the North Sea in 1969).
There are four conditions laid down in this case for the provisions in question to produce such effects.


Recent documents in international law category

How the "author's rights" are treated domestically under the law of France and how "copyright" is...

 Law & contracts   |  International   |  Case study   |  10/14/2015   |   .pdf   |   15 pages

Reorganizing and Consolidating Bureaucracy in America

 Law & contracts   |  International   |  Case study   |  11/25/2013   |   .doc   |   3 pages