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[link] => https://book.coe.int/en/191-violence-against-women-and-domestic-violence
[name] => Violence against women and domestic violence
[desc] =>
[children] => Array
(
)
)
[3] => Array
(
[id] => 176
[link] => https://book.coe.int/en/176-death-penalty
[name] => Death penalty
[desc] =>
[children] => Array
(
)
)
[4] => Array
(
[id] => 192
[link] => https://book.coe.int/en/192-trafficking-in-human-beings
[name] => Trafficking in human beings
[desc] =>
[children] => Array
(
)
)
[5] => Array
(
[id] => 177
[link] => https://book.coe.int/en/177-prevention-of-torture
[name] => Prevention of torture
[desc] =>
[children] => Array
(
)
)
[6] => Array
(
[id] => 178
[link] => https://book.coe.int/en/178-racism
[name] => Racism
[desc] =>
[children] => Array
(
)
)
)
)
[2] => Array
(
[id] => 179
[link] => https://book.coe.int/en/179-democracy
[name] => Democracy
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 180
[link] => https://book.coe.int/en/180-democracy-through-law
[name] => Democracy Through Law
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 181
[link] => https://book.coe.int/en/181-forum-for-the-future-of-democracy
[name] => Forum for the Future of Democracy
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 182
[link] => https://book.coe.int/en/182-civil-society
[name] => Civil society
[desc] =>
[children] => Array
(
)
)
)
)
[3] => Array
(
[id] => 186
[link] => https://book.coe.int/en/186-human-dignity
[name] => Human dignity
[desc] =>
[children] => Array
(
)
)
[4] => Array
(
[id] => 193
[link] => https://book.coe.int/en/193-society
[name] => Society
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 194
[link] => https://book.coe.int/en/194-living-together-diversity-and-freedom-in-europe
[name] => Living Together - Diversity and Freedom in Europe
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 195
[link] => https://book.coe.int/en/195-european-social-charter
[name] => European Social Charter
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 205
[link] => https://book.coe.int/en/205-drugs
[name] => Drugs
[desc] =>
[children] => Array
(
)
)
[3] => Array
(
[id] => 196
[link] => https://book.coe.int/en/196-migration
[name] => Migration
[desc] =>
[children] => Array
(
)
)
[4] => Array
(
[id] => 190
[link] => https://book.coe.int/en/190-gender-equality
[name] => Gender Equality
[desc] =>
[children] => Array
(
)
)
[5] => Array
(
[id] => 197
[link] => https://book.coe.int/en/197-council-of-europe-development-bank
[name] => Council of Europe Development Bank
[desc] =>
[children] => Array
(
)
)
[6] => Array
(
[id] => 222
[link] => https://book.coe.int/en/222-lgbt
[name] => LGBT
[desc] =>
[children] => Array
(
)
)
[7] => Array
(
[id] => 223
[link] => https://book.coe.int/en/223-people-with-disabilities
[name] => People with disabilities
[desc] =>
[children] => Array
(
)
)
)
)
[5] => Array
(
[id] => 198
[link] => https://book.coe.int/en/198-internet-media
[name] => Internet, Media
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 199
[link] => https://book.coe.int/en/199-internet
[name] => Internet
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 200
[link] => https://book.coe.int/en/200-children-and-the-internet
[name] => Children and the Internet
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 201
[link] => https://book.coe.int/en/201-media-freedom
[name] => Media freedom
[desc] =>
[children] => Array
(
)
)
[3] => Array
(
[id] => 202
[link] => https://book.coe.int/en/202-cybercrime
[name] => Cybercrime
[desc] =>
[children] => Array
(
)
)
)
)
[6] => Array
(
[id] => 203
[link] => https://book.coe.int/en/203-health
[name] => Health
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 204
[link] => https://book.coe.int/en/204-bioethics
[name] => Bioethics
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 206
[link] => https://book.coe.int/en/206-pharmaceutical-and-healthcare-europe
[name] => Pharmaceutical and healthcare Europe
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 207
[link] => https://book.coe.int/en/207-health-protection
[name] => Health protection
[desc] =>
[children] => Array
(
)
)
)
)
[7] => Array
(
[id] => 208
[link] => https://book.coe.int/en/208-culture-heritage-nature
[name] => Culture, Heritage, Nature
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 210
[link] => https://book.coe.int/en/210-european-cultural-convention
[name] => European Cultural Convention
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 211
[link] => https://book.coe.int/en/211-intercultural-and-interreligious-dialogue
[name] => Intercultural and interreligious dialogue
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 212
[link] => https://book.coe.int/en/212-biological-diversity-bern-convention
[name] => Biological diversity - Bern Convention
[desc] =>
[children] => Array
(
)
)
[3] => Array
(
[id] => 214
[link] => https://book.coe.int/en/214-climate-change
[name] => Climate change
[desc] =>
[children] => Array
(
)
)
)
)
[8] => Array
(
[id] => 215
[link] => https://book.coe.int/en/215-council-of-europe-and-the-eu
[name] => Council of Europe and the EU
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 216
[link] => https://book.coe.int/en/216-council-of-europe-and-european-union-different-roles-shared-values
[name] => Council of Europe and European Union : different roles, shared values
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 217
[link] => https://book.coe.int/en/217-eu-accession-to-the-european-convention-on-human-rights
[name] => EU accession to the European Convention on Human Rights
[desc] =>
[children] => Array
(
)
)
)
)
[9] => Array
(
[id] => 218
[link] => https://book.coe.int/en/218-minorities-rights
[name] => Minorities' Rights
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 219
[link] => https://book.coe.int/en/219-national-minorities
[name] => National minorities
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 220
[link] => https://book.coe.int/en/220-minority-languages
[name] => Minority languages
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 221
[link] => https://book.coe.int/en/221-roma-and-travellers
[name] => Roma and Travellers
[desc] =>
[children] => Array
(
)
)
)
)
[10] => Array
(
[id] => 224
[link] => https://book.coe.int/en/224-education-languages-sport-youth
[name] => Education, languages, sport, youth
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 226
[link] => https://book.coe.int/en/226-teaching-history
[name] => Teaching History
[desc] =>
[children] => Array
(
)
)
)
)
[11] => Array
(
[id] => 233
[link] => https://book.coe.int/en/233-law
[name] => Law
[desc] =>
[children] => Array
(
[0] => Array
(
[id] => 234
[link] => https://book.coe.int/en/234-organised-crime
[name] => Organised crime
[desc] =>
[children] => Array
(
)
)
[1] => Array
(
[id] => 235
[link] => https://book.coe.int/en/235-corruption
[name] => Corruption
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 237
[link] => https://book.coe.int/en/237-personal-data
[name] => Personal data
[desc] =>
[children] => Array
(
)
)
[3] => Array
(
[id] => 175
[link] => https://book.coe.int/en/175-european-prison-reform
[name] => European prison reform
[desc] =>
[children] => Array
(
)
)
[4] => Array
(
[id] => 238
[link] => https://book.coe.int/en/238-terrorism
[name] => Terrorism
[desc] =>
[children] => Array
(
)
)
[5] => Array
(
[id] => 239
[link] => https://book.coe.int/en/239-efficiency-of-justice
[name] => Efficiency of justice
[desc] =>
[children] => Array
(
)
)
)
)
[12] => Array
(
[id] => 240
[link] => https://book.coe.int/en/240-institutions
[name] => Institutions
[desc] =>
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(
[0] => Array
(
[id] => 242
[link] => https://book.coe.int/en/242-parliamentary-assembly
[name] => Parliamentary Assembly
[desc] =>
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(
)
)
[1] => Array
(
[id] => 243
[link] => https://book.coe.int/en/243-congress-of-local-and-regional-authorities
[name] => Congress of Local and Regional Authorities
[desc] =>
[children] => Array
(
)
)
[2] => Array
(
[id] => 244
[link] => https://book.coe.int/en/244-european-court-of-human-rights
[name] => European Court of Human Rights
[desc] =>
[children] => Array
(
)
)
[3] => Array
(
[id] => 246
[link] => https://book.coe.int/en/246-conference-of-ingos
[name] => Conference of INGOs
[desc] =>
[children] => Array
(
)
)
[4] => Array
(
[id] => 247
[link] => https://book.coe.int/en/247-secretary-general
[name] => Secretary General
[desc] =>
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(
)
)
)
)
)
)
)
)
1
Catalog
PDF - Treaty making in the Council of Europe (1999)
This book presents in detail the procedures and mechanisms for the drafting, adoption, application, interpretation, follow-up and monitoring of the treaties. Based on the practice of the forty-one member states, legal problems relating to treaty law, reservations and declarations and state succession are examined. Special attention is given to the participation of the European Community and the growing interrelation between the conventional acquis of the Council of Europe and Community law.
Legal practitioners, academics and diplomats will find an up-to-date source of information on the international treaties emanating from fifty years of intergovernmental co-operation within a growing organisation. Its systematic approach also makes it a valuable tool for teaching students of European and international law.
Click here to download
CONTENTS
Preface
Chapter 1: Introduction
Statutory framework
Terminology used
Subjects covered by the European treaties and their impact
Chapter 2: Drafting, adoption and opening for signature
Introduction
Initiative and drafting
Consultation of the Parliamentary Assembly
Adoption by the Committee of Ministers
Opening for signature
Explanatory report
Chapter 3: Expression of consent to be bound, termination and suspension
Expression of consent to be bound
Member states of the Council of Europe
Non-member states of the Council of Europe
Termination and suspension of treaties
Chapter 4: Territorial application
Chapter 5: Federal states
The treaty-making power of European federal states
Federal and territorial clauses
Federal declarations
Chapter 6: Participation of the European Community
General framework of co-operation between the European
Community and the Council of Europe
The European Community’s treaty-making power
Survey of European Community participation
European treaties
The co-operation agreement between ECRI and the EU Monitoring Centre
The effects of international treaties in Community law
The special relations or “disconnection” clause
The exercise of competences in conventional committees
Dispute settlement
The Convention on the Elaboration of a European Pharmacopoeia (ETS No. 50, 1964)
Conclusions
Chapter 7: Reservations and declarations
Introduction
Reservations and interpretative declarations under the Vienna Convention
The admissibility and opposability of reservations under the Vienna Convention
The effects of reservations and objections thereto under the Vienna Convention on the Law of Treaties
Shortcomings of the Vienna Convention’s reservations regime
Drafting practice within the Council of Europe
Depositary and state practice within the Council of Europe
The scope of depositary functions with regard to the admissibility of reservations
Formal requirements
Appropriate time for the formulation of reservations and declarations
Confirmation of reservations made upon signature
Modification of reservations
Interpretative declarations
Objections to reservations or declarations
Temporal limitation of the validity of reservations
Reservations to the European Convention on Human Rights
Depositary and state practice
The approach of the European Court and Commission of Human Rights
Criteria of admissibility in the case-law of the European Court and Commission of Human Rights
Scope of admissible reservations (Article 57.1 of the ECHR)
Brief statement of the law (Article 57.2 of the ECHR)
Conditions with respect to declarations recognising the competence of the Commission and the jurisdiction of the Court
Conclusions
Chapter 8: Follow-up, monitoring and settlement of disputes
Introduction
Settlement of disputes by judicial organs
Follow-up and monitoring by intergovernmental and other committees
Treaties falling within the competence of the European Committee on Legal Co-operation (CDCJ)
Treaties falling within the competence of the European Committee on Crime Problems (CDPC)
European Social Charter (ETS No. 35, 1961)
Treaties in the field of social security
Convention on the Conservation of European Wildlife and Natural Habitats (ETS No. 104, 1979)
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108, 1981) 133
European Charter of Local Self-Government (ETS No. 122, 1985)
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ETS No. 126, 1987)
Treaties concerning the protection of animals
Anti-doping Convention (ETS No. 135, 1989)
European Charter for Regional or Minority Languages (ETS No. 148, 1992)
Framework Convention for the Protection of National Minorities (ETS No. 157, 1995)
Treaties adopted in pursuance of the programme of action against corruption
Monitoring practice of intergovernmental committees with respect to reservations
Chapter 9: The application of European treaties in domestic law
The reception of Council of Europe treaties in domestic law
The self-executing character of treaty provisions
Chapter 10: Amending European treaties
General considerations
Simplified procedures (tacit consent and opting-out)
Amendments to the treaty itself
Amendments to the appendices or technical protocols of a treaty
Chapter 11: State succession
Introduction
Summary of practice
Germany
Union of Soviet Socialist Republics (USSR)
Czech and Slovak Federal Republic (CSFR)
Socialist Federal Republic of Yugoslavia (SFRY)
Hong Kong
Evaluation
Abbreviations
Appendices
I: Bibliography
II: List of conventions and agreements of the Council of Europe
III: Texts of a statutory character adopted by the Committee of Ministers in the course of its 8th and 9th sessions (1951) with a view to their ultimate inclusion in a revised Statute
IV: Statutory Resolution (93) 27 on majorities required for decisions of the Committee of Ministers
V: Recommendation 1223 (1993) on reservations made by member states to Council of Europe conventions and the reply adopted by the Committee of Ministers on 17 February 1994 at the 508th meeting of the Ministers’ Deputies
Download an extract (1000)
This book presents in detail the procedures and mechanisms for the drafting, adoption, application, interpretation, follow-up and monitoring of the treaties. Based on the practice of the forty-one member states, legal problems relating to treaty law, reservations and declarations and state succession are examined. Special attention is given to the participation of the European Community and the growing interrelation between the conventional acquis of the Council of Europe and Community law.
Legal practitioners, academics and diplomats will find an up-to-date source of information on the international treaties emanating from fifty years of intergovernmental co-operation within a growing organisation. Its systematic approach also makes it a valuable tool for teaching students of European and international law.
Click here to download
Please note that in accordance with our terms & conditions, PDF/epubs may only be purchased by private individuals.