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PDF - Treaty making in the Council of Europe

PDF - Treaty making in the Council of Europe (1999)

J. Polakiewicz

ISBN 978-92-871-3899-6PDF
Type of document : Book
Format : PDF
Size : 1.36 MB
Language : English
Number of pages : 220

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PDF - Treaty making in the Council of Europe

PDF - Treaty making in the Council of Europe

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.

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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

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