23. According to the Administration, care needs to be exercised in the application of penalty clauses.

What is the experience with the application of clauses covering pre investment (admission) through national treatment or most favoured nation treatment?

The view was expressed that parties should have complete freedom to conclude arbitration clauses and to rely on their application.

Safeguard clauses

Final clauses

Final clauses

Final clauses

Final clauses

Automatic termination clauses

VII. FINAL CLAUSES

DRAFT FINAL CLAUSES

Guidelines on international protection application of the exclusion clauses article 1F of the 1951 Convention relating to the Status of Refugees , UNHCR document HCR GIP 03 05, 4 Sept. 2003, para.

PART VII. FINAL CLAUSES

Article XIX (Final clauses)

Concern was raised that the application of exclusive jurisdiction clauses to third parties would unfairly take away their right to choose the forum from the options in draft article 72.

Conditions for the validity of exclusive jurisdiction clauses

Issue 4 Exclusive jurisdiction clauses

(e) The inappropriate application of the notion of quot manifestly unfounded claims quot , to channel through accelerated procedures claims that raise complex substantive issues (such as those connected to the application of exclusion clauses), or that require an in depth consideration of objective and subjective factors (such as the evaluation of credibility or the application of the concept of internal flight alternative.)

Should the FMCT contain verification clauses?

D. Oral Report on Exclusion Clauses

I read all the clauses carefully.

It was suggested that the conditions proposed could provide for the building of a compromise position between those firmly opposed to and those firmly in favour of the application of exclusive jurisdiction clauses to third parties.

This case concerns the effects of ambiguities in arbitration clauses.

Annex 4 Standard clauses for exploration contract

Such clauses shall be null and void.

13. Article 18 contained two savings clauses.

These practices include certain contract clauses which are typical of situations of dependence vis à vis monopolies, or exclusivity clauses which prevent the emergence of new producers or distributors.

In particular, three types of such clauses had typically been made.

In terms of another suggestion, both draft articles 17 and 18 could be drafted in the same way, either as without prejudice clauses or as exclusion clauses.

He failed to see the need for model clauses in any event, it would be better to entrust the drafting of such clauses to a drafting committee.

The view was expressed that the application of exclusive jurisdiction clauses to third parties should not be limited to the context of proposed new article 88a volume contracts, but that the principle should extend to all contracts of carriage.

UNHCR apos s efforts are directed towards strengthening international commitments to receive refugees and to bring about solutions, and, as part of these efforts, to secure proper application of the exclusion and cessation clauses of the international refugee instruments.

Draft provisions on final clauses have been prepared.

In light of the thrust of the discussions in the Working Group with respect to jurisdiction and choice of court clauses under draft article 76, the view was expressed that exclusive arbitration clauses should be permissible and should be enforced on the same grounds as exclusive choice of court clauses.

There was strong support for the suggestion that the draft instrument should indeed allow for exclusive jurisdiction clauses, particularly if the possibility for the abuse of such clauses was tempered by addition of certain conditions that would have to be fulfilled in order for such clauses to be valid.

The Department attributed the delays mainly to the vetting of agreement clauses.

Should the draft instrument allow for exclusive jurisdiction clauses?

Should exclusive jurisdiction clauses be enforceable against third parties?

Socio economic impact assessments should include gender assessment clauses.

Political will is still needed to enforce such clauses.

Such clauses also preclude the granting of relief in respect of human rights violations.

The low number of countries having depositing such a declaration is certainly offset by the large number of bilateral or multilateral conventions that contain compromise clauses providing for the competence of the Court in settling differences resulting from their application or interpretation.

The necessary political will is still essential, of course, to enforce such clauses.

Principle 21 Measures for strengthening the effectiveness of treaty clauses concerning universal jurisdiction

PRINCIPLE 21. MEASURES FOR STRENGTHENING THE EFFECTIVENESS OF TREATY CLAUSES CONCERNING UNIVERSAL JURISDICTION