Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




«Статус Венской конвенции о праве международных договоров (Вена, 23 мая 1969 года)» [рус., англ.] (по состоянию на 19.05.2009)





/> Sweden
4 February 1975
"Article 66 of the Convention contains certain provisions regarding procedures for judicial settlement, arbitration and conciliation. According to these provisions a dispute concerning the application or the interpretation of articles 53 or 64, which deal with the so called jus cogens, may be submitted to the International Court of Justice. If the dispute concerns the application or the interpretation of any of the other articles in Part V of the Convention, the conciliation procedure specified in the Annex to the Convention may be set in motion.
"The Swedish Government considers that these provisions regarding the settlement of disputes are an important part of the Convention and that they cannot be separated from the substantive rules with which they are connected. Consequently, the Swedish Government considers it necessary to raise objections to any reservation which is made by another State and whose aim is to exclude the application, wholly or in part, of the provisions regarding the settlement of disputes. While not objecting to the entry into force of the Convention between Sweden and such a State, the Swedish Government considers that their treaty relations will not include either the procedural provision in respect of which a reservation has been made or the substantive provisions to which that procedural provision relates.
"For the reasons set out above, the Swedish Government objects to the reservation of the Syrian Arab Republic, according to which its accession to the Convention shall not include the Annex, and to the reservation of Tunisia, according to which the dispute referred to in article 66 (a) requires the consent of all parties thereto in order to be submitted to the International Court of Justice for a decision. In view of these reservations, the Swedish Government considers, firstly, that the treaty relations between Sweden and the Syrian Arab Republic will not include those provisions of Part V of the Convention to which the conciliation procedure in the Annex applies and, secondly, that the treaty relations between Sweden and Tunisia will not include articles 53 and 64 of the Convention.
"The Swedish Government has also taken note of the declaration of the Syrian Arab Republic, according to which it interprets the expression "the threat or use of force" as used in article 52 of the Convention so as to extend also to the employment of economic, political, military and psychological coercion and to all types of coercion constraining a State to conclude a treaty against its wishes or its interests. On this point, the Swedish Government observes that since article 52 refers to threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations, it should be interpreted in the light of the practice which has developed or will develop on the basis of the Charter."
16 September 1998
With regard to reservations made by Guatemala upon ratification:
"The Government of Sweden is of the view that these reservations raise doubts as to their compatibility with the object and purpose of the Convention. The reservations refer almost exclusively to general rules of the Vienna Convention on the Law of Treaties, many of which are solidly based on customary international law. The reservations could call into question well established and universally accepted norms.
The Government of Sweden notes in particular that the Government of Guatemala has entered a reservation that it would apply the provisions contained in article 38 of the Convention only in cases where it considered that it was in the national interest to do so; and furthermore a reservation with respect to article 27 of the Convention, to the effect that the article is understood to refer to the provisions of the secondary legislation of Guatemala and not to those of its Political Constitut



> 1 2 3 ... 17 18 19 ... 26 27 28

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1204 с