Draft article 18 Special treaty provisions

In operative paragraph 15 replace the phrase to develop a draft treaty with the phrase to agree to a draft treaty .

In February 2005, the countries of Central Asia finalized the draft treaty.

Meanwhile, the draft treaty and constitution were being circulated around Tokelau for further discussion.

Maybe the time has come to formally introduce such a draft treaty in the CD?

The next step was to put the draft treaty and supporting documents before the New Zealand cabinet.

Consideration of draft final declaration and measures to facilitate the entry into force of the Comprehensive Nuclear Test Ban Treaty.

Some delegations considered the breadth of the term special treaty provisions unclear was there an implied hierarchy such that the principles of the draft articles applied to some treaty provisions but not others?

Draft guidelines for streamlined reporting on the basis of an expanded core document and targeted treaty specific reports were prepared in 2004 and commented on by treaty bodies, Member States, NGOs and other stakeholders.

In addition, we welcome Poland's initiative to submit draft resolution A C.1 60 L.31 in support of the Treaty.

Indeed, such reservations were contrary to the object and purpose of the treaty, which was exactly what draft guideline 3.1.7 said.

Lastly, draft article 11 might trigger controversy over whether the Security Council could order the termination or suspension of treaty obligations.

According to another view, draft article 18 seemed contrary to the Commission's original intention of giving precedence to special treaty provisions, such as those contained in investment protection treaties, over the draft articles.

Her Government supported the general thrust of the draft articles, which would promote the continuity of treaty obligations in times of armed conflict when there was no genuine need for the suspension or termination of the treaty.

In that vein, the Non Aligned States parties to the Treaty propose the following draft recommendations to be considered by the Review Conference.

Agreement was expressed for the provisions of the present draft principle, noting that the draft principle was consistent with the principles of the Rio Declaration as well treaty practice, which applied the polluter pays principle.

The French Socialist Party may well have just saved ratification of the European Union s draft Constitutional Treaty by France in next summer s referendum. At the beginning of December, party members and supporters voted overwhelmingly in favor of the treaty.

At its 2859th meeting, held on 28 July 2005, the Commission decided to send draft guidelines 3.1 (Freedom to formulate reservations), 3.1.1 (Reservations expressly prohibited by the treaty), 3.1.2 (Definition of specified reservations), 3.1.3 (Reservations implicitly permitted by the treaty) and 3.1.4 (Non specified reservations authorized by the treaty) to the Drafting Committee.

Draft article 7 would prove highly controversial, given its attempt to outline the categories of treaty that were likely to remain in force during armed conflicts.

The exclusion of the application of the draft articles where, and to the extent that, they are inconsistent with special treaty provisions was considered unclear, particularly as to whether it required that the treaty specifically exclude resort to the exercise of diplomatic protection or merely that such protection was incompatible with the object and purpose of the treaty.

He nevertheless was of the view that the Commission must absolutely define the notion of the object and purpose of the treaty (draft guidelines 3.1.5 and 3.1.6).

Some additional wording such as the final sentence of draft paragraph 1 had been suggested by the Treaty Section of the United Nations Office of Legal Affairs.

It was also noted that the two cases mentioned (dispute settlement and monitoring of the implementation of the treaty) were sufficiently different and warranted two separate draft guidelines.

In draft article 4, the Special Rapporteur had made the intention of the parties to a treaty the main yardstick for ascertaining its susceptibility to termination or suspension.

8. Welcomes the agreement of New Zealand and the Tokelau Council of Ongoing Government to maintain the referendum package of a draft constitution and draft treaty of free association as a possible future basis for an act of self determination by Tokelau

The Rice Lake Band was familiar with the treaty process and as examined by the Court of Appeal in the author's case, the minutes of the meeting of the Band in Council show that the draft treaty was read, interpreted and explained before it was unanimously approved.

In the case of the draft model law on extradition and the revised manuals on the model treaty on extradition and the model treaty on mutual assistance in criminal matters, the International Institute of Higher Studies in Criminal Sciences played an important role in their preparation.

The present draft articles do not apply to the extent that they are inconsistent with special rules of international law, such as treaty provisions for the protection of investments.

19. Welcomes the agreement of New Zealand to the request by the Tokelau Council of Ongoing Government to maintain the referendum package of a draft Constitution and draft Treaty of Free Association as a possible basis for a future act of self determination by Tokelau

Her delegation endorsed, up to a point, the inclusion of the list of categories of treaty in draft article 7, paragraph 2, so long as the list was purely indicative.

The United States would like to support the statement made earlier by the representative of Spain concerning draft resolution A C.1 60 L.8, on the Treaty of Pelindaba.

Ms. Stoute (Secretary of the Committee) The Committee will now proceed to take action on draft resolution A C.1 60 L.8, entitled African Nuclear Weapon Free Zone Treaty .

The 2005 Review Conference welcomes the outcome of the Tashkent meeting, held from 7 to 9 February 2005, which finalized the agreed draft treaty on a nuclear weapon free zone in Central Asia, and also the designation of the Government of the Kyrgyz Republic as depositary of the treaty.

It was therefore proposed that the draft article be revised to read The present draft articles do not apply where, and to the extent that, they are inconsistent with special treaty provisions concerning the settlement of disputes between corporations or shareholders of a corporation and States .

The case was also mentioned of a treaty prohibiting any reservations except those expressly authorized by it it was felt that such a situation should be covered by the draft guidelines.

Draft article 3 might prove useful if the determination, pursuant to article 4, whether a treaty was susceptible to termination or suspension in the event of an armed conflict was inconclusive.

and its decision in August 2005 to hold a referendum on self government on the basis of a draft constitution for Tokelau and a treaty of free association with New Zealand

Draft resolution XVIII Follow up to nuclear disarmament obligations agreed to at the 1995 and 2000 Review Conferences of the Parties to the Treaty on the Non Proliferation of Nuclear Weapons

At a European level, the provisions of the draft Constitutional Treaty of the European Union institutionally strengthen equality, which is generally conceived as a value of the Union, while, more specifically, the promotion of gender equality remains one of the Union's aims as has already been established in the Amsterdam Treaty.

Mr. Carriedo (Spain) (spoke in Spanish) As today the First Committee will at last take a decision on draft resolution A C.1 60 L.8, entitled African Nuclear Weapon Free Zone Treaty the Treaty of Pelindaba the delegation of Spain would like to reiterate its appeal that the record reflect the fact that Spain's explanation of position on this draft resolution was made at the Committee's 20th meeting, on Wednesday, 26 October 2005.

The view was also expressed that the draft guideline was not really necessary because a reservation contrary to jus cogens would be automatically incompatible with the object and purpose of the treaty.

Meanwhile, his delegation was pleased to note that the Special Rapporteur himself had acknowledged the need to give greater prominence to the possibility of separability of treaty provisions in the draft articles.

At its 12th meeting, on 26 April 2005, Mr. Kamel Filali, Rapporteur for the harmonization of reporting under the treaty bodies, discussed with the Committee the draft guidelines on an expanded core document and treaty specific targeted reports and harmonized guidelines on reporting under the international human rights treaties (HRI MC 2004 3).

With regard to draft guideline 3.1.4, the view was expressed that the Commission should opt for clearer wording affirming that reservations were subject to the criterion of compatibility with the object and purpose of the treaty if there was a general authorization or if the treaty did not contain any provisions on reservations.

The freedom to formulate a reservation, mentioned in draft guideline 3.1, was not absolute and its exercise was limited by the compatibility of the reservation with the object and purpose of the treaty.