Vienna Convention on the Law of Treaties

The legal construction of state sovereignty becomes in the doctrines of international law a universal principle regulating the relations between independent…

place in 2007, and accomplished the Supreme Court ruling that non-local treaties, such as the Vienna Convention of the Laws treaty, were not self-executing, and therefore, were not binding upon state courts; in other words that if state courts decide not to honor such treaties, they were not forced to. Jose Ernesto Medellin was a Mexican citizen who was born in Nuevo Laredo, Tamaulipas, Mexico in March 4, 1975. Although he was born on the other side of the border, he spent most of his childhood…

Tax Treaties Are Self-Executing Tax treaties do not require any implementing law or guideline. A treaty is considered “self-executing” when it does not need any implementing legislation and it takes effect upon ratification. In US jurisdiction, a treaty that is not self-executing does not create a cause of action or provide a remedy. Under US law, the President and two-thirds of the Senate have the power to bind the country with the treaty by making the necessary implementing law. Both of…

along with large population of displaced people and refugees and HIV/AIDS pandemic - been identified as a major factor in slowing down the achievement of the Millennium Development Goals (MDGs). The resources spent on warfare could, if redirected, make a significant contribution to addressing the MDGs and other developmental challenges. Above all, there is usually ____________________________________________________ *’Yomi Olukolu, Esq., LL.M, M.Phil, Lecturer, Department of Jurisprudence &…

inception of modern public international law heralded a revolutionary shift in law governing relations, the accountability of States, individuals and actors who engage in unlawful international conduct has often been alibied by a horizontal system of law which is unable to enforce consent to cooperate with treaties and charters. Unlike domestic law, which embodies an enforceable judiciary, legislature and executive, International law has no agency or organisation capable of mandatorily…

development. Gradually, the concept of 'the rights of the child' have come about with the emergence of modern diverse society and complex family forms. Many international human rights treaties may have been used as guidance to protect the rights of the child. However, it is the United Nations Convention on the Rights of the Child (UNCRC), which was adopted in 1989, that sets the framework for the protection of the rights of the child. A central element of this act is protection of the child's…

In many countries that comprise the global community, women are marginalized economically, culturally, and politically. Within these nations, established norms are resilient to change. It is often the place of international law to provide a more progressive framework than national laws. With this in mind, the United Nations (U.N.) understands that discrimination against women is a global issue, and has sought to create treaties in order to prevent discriminatory actions against women. In…

more than 45 years ago (Global Sales and Contract Law, 2012). At the dawn of the 21st century when commerce is more integrated than ever before and jurisdictions are attempting to make themselves more commercially flexible, exercises aimed at rendering the common law less opaque and creating a common legal grammar, if not a common substantive law, should not be unduly discarded. So why has Australia taken such a ‘piecemeal’ approach to the application of this evolving transnational legal…

has been addressed by several international groups like the United Nations (UN), the International Labour Organization (ILO), the European Union (EU), the Caribbean community (CARICOM), and the organization of American States (OAS) as a human right violation, a form of violence, and discrimination. Since sexual harassment in the workplace pollutes the working environment and can have a devastating effect upon the health, confidence, morale and performance of the workers, laws and policies that…

position is that our deep understanding the humanitarian impact of nuclear weapons use should motivate all Parties to focus on the goal of extending the 70-year record of non-use of nuclear weapons. This understanding has also led us to pursue the decades-long step-by-step process to reduce and eventually eliminate nuclear weapons, but we will not accept any proposal for a nuclear weapons convention, a convention on a ban of use, or a time-bound framework for disarmament. Events •…