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The success of the New York Convention has made arbitration a preferred means of dispute resolution for international commercial transactions. Success in arbitration often depends on the extent to which a party may secure assets, evidence, or the status quo between parties prior to the completion of the arbitration process. This makes the availability of provisional measures granted by either arbitral tribunals or by courts fundamental to the arbitration process. In this Article, I consider the existing legal framework for provisional measures in aid of arbitration, with particular attention to the sources of the rules providing for such measures. Those sources include the New York Convention, the applicable lex arbitri, the institutional arbitration rules, and the arbitration agreement. I consider whether these sources provide a comprehensive and coherent framework for the availability of provisional measures. I then consider some of the ways in which the arbitration clause may be drafted to specifically take into account the often unanticipated, but always possible, need for provisional measures, providing ten rules for consideration of provisional measures when drafting an arbitration agreement. [ABSTRACT FROM AUTHOR]

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Article 25 of the Vienna Convention on the Law of Treaties (VCLT) confirms that a treaty may be applied provisionally pending its entry into force if negotiating states have agreed on it. This means that a treaty, which needs the completion of internal law procedures to enter into force, can be applied before its entry into force. This provision is accepted as the codification of international customary law. Yet Article 25 and provisional application clauses in multilateral treaties may give rise to international disputes. Behind such disputes is generally a desire of the states, having first agreed to apply the treaty provisionally, to subsequently avoid their treaty obligations under provisional application. The aim of this article is to examine a topic which has attracted little or no interests in the Turkish doctrine, thereby turning its attention to the international literature for a primarily descriptive study. In so doing, it will also briefly analyse pertinent international disputes predicated upon wider academic discussions on provisional application of treaties as well as the ongoing work of the International Law Commission.

As the Vienna Convention on the Law of Treaties (VCLT) approaches its 50th birthday, the peculiar phenomenon of provisional application appears to be on the rise. Although previously confined, in the sphere of international investment agreements (IIAs), to the context of the Energy Charter Treaty, provisional application is increasingly seen in European Union multilateral investment treaties. Furthermore, the recent decision of Von Pezold has explored the open-ended nature of Article 25(1)(b) VCLT, and the potential range of IIAs to which provisional application is possible. Subject to textual interpretation authorized by Articles 31 and 32 VCLT, found in Kardassopoulos , Petrobart and the Yukos Oil tribunals, provisional application is a legal regime that can very easily lead towards unintended results. This article suggests the solutions of more careful syntax and grammar, and limiting clauses and changes in legal processes, to further mature provisional application jurisprudence. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Public Law / Zeitschrift für Öffentliches Recht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Daje se sumaran prikaz delimitacije i demarkacije granica Hrvatske sa svim njezinim susjedima s preporukom da se taj odgovoran posao ne zanemari. Postignuti privremeni ili nerealizirani sporazumi ocjenjuju se temeljem pravilâ kodificiranih u Bečkoj konvenciji o pravu ugovora iz 1969. godine. Ali valja voditi računa i o drugim međunarodnim obvezama poput one iz Beogradske dunavske konvencije iz 1948. i prava fizičkih i pravnih osoba na uživanje njihovih nekretnina koje se nađu na drugoj strani granice.

Issues concerning the temporal scope of jurisdiction of international investment arbitration tribunals are attracting increased attention due to recent events, such as the denunciation of the ICSID Convention by some states, the denunciation of bilateral investment treaties from which the tribunals draw their jurisdiction, or the provisional application of other treaties concerning investment protection. The solutions offered by most arbitral tribunals are in line with international customary rules on the law of treaties, a point which deserves attention as further proof of the cohesiveness of international investment law with public international law. [ABSTRACT FROM AUTHOR]

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines New Zealand's ratification of the Convention on the Rights of Persons with Disabilities (the Disability Convention) and questions whether the assumption that New Zealand is treating its disabled people consistently with the requirements of the Convention is warranted. The authors conclude that New Zealand needs to reconsider aspects of the application of its domestic legislative framework before it can claim to be complying with the Convention. [ABSTRACT FROM AUTHOR]

The Colombian government's prerogative to implement a treaty provisionally, pursuant to existing legislation on the matter in question, is discusses in this study from the standpoint of international and constitutional law. The purpose of this theoretical and practical analysis is to examine the criteria for provisional treaty application, so as to reach several conclusions in that respect. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Public Law / Zeitschrift für Öffentliches Recht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The final demarcation of frontiers between the successor States of the former Socialist Federal Republic of Yugoslavia is a painstaking job faced with many obstacles. The present article deals in particular with external boundaries of Croatia. The demarcation of the entire frontier has so far been accomplished only in respect to the boundaries with Hungary and that in the application of the 1920 Trianon Peace Treaty, the party of which was the Kingdom of Serbs, Croats and Slovenes. In respect to land and maritime frontiers with Slovenia, after the written and oral procedures have been accomplished, the rendering of the arbitral award is expected in the near future. The negotiations with Serbia are in progress. The Treaty on Boundaries between Bosnia-Her- zegovina and Croatia was signed in 1999 by the tiuo Presidents, but it has never been ratified in Parliaments of the two contracting States. Since then, it has been provisionally applied without interruption for fifteen years. In 2002 Croatia and the former Federal Republic of Yugoslavia (Serbia and Montenegro) concluded a Protocol on the Interim Regime along the Southern Border, which Montenegro succeeded after it had proclaimed its independence in 2006. This article deals especially with the provisional application of treaties in general and with the impact of unilateral acts of the termination of agreements on boundaries, boundary regimes and other territorial regimes, when their provisions provide for that option. The author stresses the importance of the freedom of navigation of merchant ships of all flags on the Danube River according to Article 1 of the 1948 Belgrade Danube Convention, and the right of natural and juridical persons to the peaceful enjoyment of their immovable properties that happen to be allocated on the other side of the frontier. [ABSTRACT FROM AUTHOR]

The article discusses the decision of the International Court of Justice (ICJ) in Australia on the case Timor-Leste v. Australia. Topics discussed include questions on the seizure and detention of documents and data, appeal of provisional or interim measures on the case in the ICJ and claims of the breach of contract related to the exploitation of underwater resources unable to be resolved under the good faith.

Treaty interpretation is an important process through which meaning is given to what have allegedly been agreed between states. In interpreting international agreements, international tribunals often refer to general or customary rules of treaty interpretation codified in Articles 31 to 33 of the Vienna Convention on the Law of Treaties. In the event states provide specific rules of interpretation in a particular treaty, such rules are applied. The following two separate research exercises show in what manner international tribunals and institutions such as panels and the Appellate Body of the World Trade Organization (WTO), International Center for Settlement of Investment Disputes (ICSID) and International Court of Justice (ICJ) have applied Articles 31 to 33 of the Vienna Convention, and in what way the parties to regional trade agreements have designed rules and mechanisms for the interpretation of such agreements. For Research Exercise I, cases decided by WTO panels and the Appellate Body, ICSID tribunals and ICJ, and settled pursuant to the arbitration rules of United Nations Commission on International Trade Law that shed light on the meaning of Vienna Convention Articles 31 to 33 are listed. For Research Exercise II, RTAs notified to the WTO are reviewed in accordance with seven different categories. [ABSTRACT FROM AUTHOR]

The OHADA Uniform Act on contract law (draft)³ contains separate provisions on commercial sale and treats aspects of the scope, form of contract, obligations of the parties, the effects of the contract with reference to the transfer of property and risks, but also to non-executing the contract and liability of the parties. [ABSTRACT FROM AUTHOR]

This article discusses international law and ethical justice issues surrounding coerced peace treaties and argues that the potential harm of not recognizing extorted treaties could outweigh the benefits in the pursuit of distributive justice. Topics include an assertion that recognition of coerced peace treaties does not inherently indicate complicity with the coercer, an identification of the issue as central to non-ideal theory, and an examination of inherent contradictions in the Vienna Convention of the Law of Treaties of 1969.

The article presents information on the multilateral treaty Energy Charter Treaty (ECT), which aims to promote and protect energy-related investments worldwide. It discusses the problems associated with ECT and puts forward an analysis of the decision made by the Tribunal. It proposes a solution to the problem of provisional application of the Energy Charter Treaty. ECT promotes protection of foreign energy investments, free trade in energy related goods and freedom of energy transmission.

The aim of this article is to illustrate various pitfalls which must be dealt with before an international agreement may begin to function, ie before it creates a legal obligation upon a contracting state. The Czech Republic is, according to the authors, an appropriate example to illustrate this, for various reasons, as it is an EU Member State with a (prevailing) parliamentary form of governance and a (rather complex) bicameral parliament. In the first place, the authors deal with the historical and comparative context of the ratification procedure of international agreements in the Czech Republic. Since this procedure in every country involves the interplay of several bodies, a proper evaluation of the historical context may help in the interpretation of constitutional regulation, which is rather brief in the Czech Republic. One of the main questions of the ratification procedure, which the authors address, is the role of the president of the Czech Republic in the procedure of the ratification of international agreements. On the basis of the historical and the current constitutional regulation, the authors conclude that the competence of the president related to international agreements cannot be considered to be his/her prerogative. The president's act of ratification is, according to the authors, the formal conclusion of an internal consultation procedure on an international agreement in the Czech Republic. In exercising this competence, the president is endowed with a very limited margin of discretion. The authors furthermore make a comparative study based on a questionnaire circulated via the European Centre for Parliamentary Research and Documentation on the role of the government, parliament and the head of state in the ratification procedure of international treaties. The main part of the article deals with selected problems and possible solutions of the negotiation procedure of international agreements and the practice of application (namely the provisional application of international treaties, the classification of international treaties, repeated submissions of the proposal on the expression of consent with the ratification of an international treaty by chambers of parliament, simplified parliamentary approval for the ratification of presidential treaties, and the concept of ratification). The article ends with brief observations regarding international treaties concluded by the European Union or the Union together with the Member States, the significance of which will probably continue to increase. [ABSTRACT FROM AUTHOR]

The article discusses the legal concept of European Union (EU) citizenship and the scope of application of EU law. It highlights the observation of the Court of Justice of the European Communities that citizenship of the Union is destined to be the fundamental status of nationals of the Member States. In addition, the Court of Justice also made clear that EU citizenship is not intended to extend the scope rationae materiae of the treaty that has no link with the EU law.

The article examines how the case law is not always clear on the reconciliation of health-care objectives and competition rules in the European Union (EU). It highlights some questions whether EU institutions accommodate health-care-specific concerns in the way they apply the treaty provisions on competition to health care. In addition, EU competition law will have to show that it is equal to the challenge of offering the health-care sector a comprehensive competition law framework.

Th e purpose of the paper is to present the content of the right to good administration, which is regulated in Article 41 of Th e Charter of Fundamental Rights of the European Union as one of the fundamental rights. At the beginning, the paper explains the status of the Charter in the legal order of the EU as since the entrance into force of the Lisbon Treaty it has been legally binding. Next, it refers to the personal scope of the Article 41 - that is who is entitled and obliged by its provisions. Th e most important part of the paper focuses on determining the substance of particular elements of the right to good administration, namely: the right to have his or her aff airs handled impartially, fairly and within a reasonable time, the right to be heard, the right to have access to his or her fi le, the obligation of the administration to give reasons for its decision, the right to compensation for damage caused by EU institutions or by its servants and the right to write to EU institutions in one of the languages of the Treaties. [ABSTRACT FROM AUTHOR]

The EU Treaty contains for the first time a title on democratic principles. These provisions emphasise the importance of national parliaments and the EU parliament for the democratic legitimacy of the EU. The new chapter on democratic principles does not address the central challenge of the EU polity to the traditional understanding of democratic legitimacy, the disjunction of political and economic governance as expressed by the important role of independent institutions like the Commission, the European Central Bank and agencies in EU governance . This is a consequence of the fact that the status of independent regulatory institutions in a democratic polity has not been clarified-neither in the EU nor in the Member States. However, such independent institutions exist in diverse forms in several Member States and could hence be understood as a principle of democratic governance common to the Member States. Such an understanding has not yet evolved. The central theoretical problem is that regulatory theories which explain the legitimacy of independent institutions as an alternative to traditional representation remain outside the methodology of traditional democratic theory. Economic constitutional theory, based on social contract theory and widely neglected in the legal constitutional debate, offers a methodological approach to understanding independent regulatory institutions as part of representative democratic governance. [ABSTRACT FROM AUTHOR]

It is often alleged that PTAs involving the EC and the US include a significant number of obligations in areas not currently covered by the WTO Agreement, such as investment protection, competition policy, labour standards and environmental protection. The primary purpose of this study is to highlight the extent to which these claims are true. The study divides the contents of all PTAs involving the EC and the US currently notified to the WTO, into 14 'WTO+' and 38 'WTO-X' areas, where WTO+ provisions come under the current mandate of the WTO, and WTO-X provisions deal with issues lying outside the current WTO mandate. As a second step, the legal enforceability of each obligation is evaluated, and judged on the extent to which the text specifies clear obligations. Among the findings are: (i) EC agreements contain almost four times as many instances of WTO-X provisions as do US agreements; (ii) but EC agreements evidence a very significant amount of 'legal inflation' (i.e. non-legally enforceable provisions) in the WTO-X category, and US agreements actually contain more enforceable WTO-X provisions than do the EC agreements; (iii) US agreements tend to emphasise regulatory areas more compared to EC agreements. [ABSTRACT FROM AUTHOR]

The article highlights the need of Treaty of Lisbon to be ratified to iron its conflicting provisions with the German Constitution or Basic Law and to concur with the European Union provisions in Germany. Accordingly, the Federal Constitutional Court of Germany declares the Treaty to be compatible to its Basic law, which governs all Germans. However, the Court found that the implementing legislation is incompatible to the Basic Law, and appears to have a new cornerstone of jurisprudence affecting individual rights based on the decided cases.

The article discusses the issue whether bilateral investment treaties (BITs) represent the customary international law in the international investment law. It investigates the interaction between BITs and custom. It examines the arguments supporting the view that contemporary custom does not represent the total number of BITs. It also evaluates the significance of identifying the content of custom rule in international investment law.

The author reflects on the problems brought by the new provisions of the European Commission (EC) Treaty on capital movements between European Union (EU) Member States. He notes that the provisions, Articles56-60 of the Treaty, made the 1988 Directive on the liberalization of capital movements redundant for intra-EU situations between members. He also reached beyond the outer frontiers of EU as it clearly prohibits all restrictions on the movement of capitals.

The article offers information on the Guidance Communication on the implementation of the Article 82 of the European Commission (EC) competition law and the requirements needed to make the effects-based approach become operational. It mentions that the defects of the forms-based approach has led to the approach based from the impacts on the market. It notes that the Article 82 must prioritize consumer welfare while the Guidance's provisions must focus on the evaluation of consumer harm.

The article provides information on the provisions of the Soldiers' and Sailor's Civil Relief Act (SSCRA) in the U.S. Several sections of the SSCRA are discussed including laws on mortgages and trust deeds, termination of leases, and professional liability protection. It cites various pertinent cases of the U.S. Supreme Court, Tenth Circuit Appellate, and Utah which are decided since 1991. It also presents a lists of secondary sources that provide detailed analysis and sample forms of cases which are related in the provisions of SSCRA. Additional information on the sections of the SSCRA provisions are also provided.

The article discusses the application of the international convention by the International Court of Justice (ICJ) to address armed conflict between the Russian Federation and Georgia. It notes that Georgia instituted proceeding against the Russian Federation before ICJ on August 12, 2008 concerning the Russia's violation of its obligation under the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) by pursuing systematic discrimination against ethnic Georgians. It relates that ICJ issued its first-ever decision interpreting and applying the provision of CERD in October 2008, providing provisional measures against Georgia and the Russian Federation.

In a case involving a CARICOM member state in relation to the Agreement Establishing the Council for Legal Education (CLE), several law students of one member state party to the Agreement were denied their entitlement to pursue professional studies in a school of law established for the purpose in another member state because the second member state had not implemented the relevant provision of the CLE Agreement. The CLE in the member state concerned pleaded the absence of an enacting provision in the Legal Profession Act as the ground for not observing the provisions of the Agreement. No action was brought at the international level by the state of the students aggrieved to vindicate their rights and the action brought by the students themselves at the municipal level did not and could not succeed. Following an overview of CARICOM treaty practice, this article examines the effects of unincorporated treaties in the light of dualism, to which doctrine the overriding majority of CARICOM states subscribe. [ABSTRACT FROM AUTHOR]

Copyright of Zeitschrift für Politik is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on proceedings concerning Holocaust art claims and the public international law which covers such claims. It discusses two aspects of the public international law's effect on Holocaust art claims. These include the principle of restitution and the obligations of third party States have in connection to the principle, as well as the extent to which State immunity can hinder the pursuance of such claims under municipal law. It provides information about how restitution is defined in the international law, as well as the history of the provision for returning looted art.

The article focuses on the establishment of the anti-corruption policies in accordance with the provisions of the United Nations Convention Against Corruption (UNCAC) articles in India. India is a signatory of UNCAC but it has ignored some of the critical components of UNCAC. The Indian government believes the need of creating an independent anti-corruption body to prevent corruption in the country.

The article offers information on the history and development of actions for the recovery of cultural heritage. It notes that the Treaty of Westphalia in 1648 has established provision for returning the objects stolen during the Thirty Years' War, and later, 21 manuscripts were moved as a gift to the Landesarchiv in Brünn. Moreover, the long time Medieval manuscript made in 1229 was moved to Prague in 1594. During the twentieth century, the Declaration of London in 1943 was enforced by various legal instruments which insures that the international principle of restitution affirmed by the Allies would not be nullified by infringing provisions in national law.

The United States' Special Agreements to the Rome Statute provisions raise serious concerns regarding the efficacy of the object and purpose of the treaty and the effect on the State Parties' obligations to the International Criminal Court (ICC). This analysis shows how these agreements have undermined the principles of the Statute, why they are unnecessary in protecting non-party states from the treaty provisions' effect and the United States' willingness to ratify the Rome Statute. [ABSTRACT FROM AUTHOR]

The article focuses on the developments and creation of European Union (EU) Administrative Law (EAL). The primary goal of EAL is to reinforce the fundamental rights by individuals matched with the administrative authorities. It views that EAL is a general trend in both the Member States and the European Community to establish good relations between citizens and the government. EAL has two categories including the written law and judge-made law which is made by the European Courts of Justice.

The article examines the misconception about whether complex regulatory systems can be described as either rules-based or principles-based. It relates that excessive use of the terms have increased since the implosion of Enron Corp. and users show an increasing habit of celebrating systems dubbed principles-based and scoring those called rules-based. According to the author, it needs an analysis for the application and interaction of all provisions in order to describe of design systems as principles-based or rules-based.

The article presents certain considerations that are relevant in the decision of countries in seeking recourse either to the World Trade Organization (WTO) dispute settlement system or to the dispute settlement mechanism of the relevant regional agreement in light of the overlap between WTO provisions and those of the regional agreements, and given the existence of parallel dispute settlement mechanisms. It sets out the premises upon which the choice of forum issue arises. It then discusses the multiple variables which are the basis in the determination of the more convenient forum for a complainant.

The article discusses the obligations imposed by the provisional application of treaties through an analysis of the Energy Charter Treaty (ECT) in the context of the Yukos Arbitration. It examines the basis, use and advantages of the provisional application of treaties in international law. It provides an overview of the ECT, along with factual background to the Yukos Arbitration. It explains how the results of the Yukos Arbitration has the potential to affect foreign investments under the ECT. It considers the future of provisional application in international treaty law.

The article presents the Military Commissions Act of 2006 ( MCA) and its components. It discusses the MCA enactment and provides an analysis on aspects that have drawn criticisms from democracy advocates such as its restriction on habeas corpus review and its treatment of the Geneva Conventions. It suggests that the habeas corpus and Geneva Convention components of the MCA are connected because, if the habeas restriction is valid, it may prevent Geneva Convention claims as well as other claims in habeas actions and reduce the relevance of the Geneva Convention provisions. An analysis that these two provisions may also highlight important differences between the domestic status of constitutional rights and treaty rights is also discussed.

The article presents the proceedings of the British Columbia Supreme Court case "Willson v. British Columbia." The plaintiffs, members of several First Nations, applied to strike portions of a counterclaim and third party notice filed by the defendant Kaska Dene Council. The plaintiffs application was supported by the other defendants, and the application was allowed.

The article on the law and practice with respect to renegotiation of international petroleum agreements and discusses the reasons governments and businesses have for imploring on renegotiation clauses. A survey of legal issues which are relevant to renegotiation is provided. The paper also contains a case which deals with the question of renegotiation contracts without a clause. Another case refers the renegotiation of contracts with special provisions dealing with adjustment problems.

The article discusses the cultural policy concerning the protection of cultural diversities in Europe. The Treaty of Rome was enshrined to strengthen the consideration for the cultural values shared by Member States' nationals. Provisions in the treaty has been laid down and the fundamental achievement of this provisions resides in its application. The role of the cultural policy should be in the context of the future European Constitution for the future of the European Union.