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Travaux Préparatoires
The travaux préparatoires ( French: "preparatory works", in the plural) are the official record of a negotiation. Sometimes published, the "travaux" are often useful in clarifying the intentions of a treaty or other instrument, as is reflected in Article 32 of the Vienna Convention on the Law of Treaties (VCLT). To interpret treaties, the VCLT places this form of interpretation as secondary to the ordinary meaning (see Articles 31 and 32). In the Sigurjonsson v. Iceland case, the European Court of Human Rights noted that the use of the travaux préparatoires in the earlier Young James and Wester case was not decisive but merely provided a working hypothesis. The preparatory work was legitimately invoked by the European Commission to show that the provision that "Every shall be free to leave any country, including his own", does not entitle a convicted prisoner to leave the country in which he is lawfully detained. An example of such interpretation was provided by Lord Diplock i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Language
French ( or ) is a Romance languages, Romance language of the Indo-European languages, Indo-European family. Like all other Romance languages, it descended from the Vulgar Latin of the Roman Empire. French evolved from Northern Old Gallo-Romance, a descendant of the Latin spoken in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French (Francien language, Francien) largely supplanted. It was also substratum (linguistics), influenced by native Celtic languages of Northern Roman Gaul and by the Germanic languages, Germanic Frankish language of the post-Roman Franks, Frankish invaders. As a result of French and Belgian colonialism from the 16th century onward, it was introduced to new territories in the Americas, Africa, and Asia, and numerous French-based creole languages, most notably Haitian Creole, were established. A French-speaking person or nation may be referred to as Fra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plural
In many languages, a plural (sometimes list of glossing abbreviations, abbreviated as pl., pl, , or ), is one of the values of the grammatical number, grammatical category of number. The plural of a noun typically denotes a quantity greater than the default quantity represented by that noun. This default quantity is most commonly one (a form that represents this default quantity of one is said to be of ''singular'' number). Therefore, plurals most typically denote two or more of something, although they may also denote fractional, zero or negative amounts. An example of a plural is the English word ''boys'', which corresponds to the singular ''boy''. Words of other types, such as verbs, adjectives and pronouns, also frequently have distinct plural forms, which are used in agreement (linguistics), agreement with the number of their associated nouns. Some languages also have a dual (grammatical number), dual (denoting exactly two of something) or other systems of number categories. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negotiation
Negotiation is a dialogue between two or more parties to resolve points of difference, gain an advantage for an individual or Collective bargaining, collective, or craft outcomes to satisfy various interests. The parties aspire to agree on matters of The Impact of Religion on International Negotiations, mutual interest. The agreement can be beneficial for all or some of the parties involved. The negotiators should establish their own needs and wants while also seeking to understand the wants and needs of others involved to increase their chances of closing deals, avoiding conflicts, forming relationships with other parties, or maximizing mutual gains. Distributive negotiations, or compromises, are conducted by putting forward a position and making concessions to achieve an agreement. The degree to which the negotiating parties Trust (social science), trust each other to implement the negotiated solution is a major factor in determining the success of a negotiation. People neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Intent
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do. Approach Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they ''intended'' the statute to accomplish, the actual ''text'' of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., 012 The plaintiffs took out mortgage loans from Quicken Loans. In 2008 they sued Quicken Loans arguing that that respondent had violated Real Estate Settlement Procedures Act (RESPA) Secti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms; however, only documents that are legally binding on the parties are considered treaties under international law. Treaties may be bilateral (between two countries) or multilateral (involving more than two countries). Treaties are among the earliest manifestations of international relations; the first known example is a border agreement between the Sumer, Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in some form by most major civilizations and became increasingly common and more sophisticated during the Early modern period, early modern era. The early 19th century saw developments in diplomacy, foreign policy, and international law reflected by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vienna Convention On The Law Of Treaties
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states. Known as the "treaty on treaties", the VCLT establishes comprehensive, operational guidelines, rules, and procedures for how treaties are drafted, defined, amended, and interpreted. An international treaty is a written agreement between countries subject to international law that stipulates their consent to the creation, alteration, or termination of their rights and obligations, as stipulated in the treaty. The Vienna Convention on the Law of Treaties was adopted and opened to signature on 23 May 1969,untreaty.un.org''Law of treaties'', International Law Commission, last update: 30 June 2005. Consulted on 7 December 2008.Vienna Convention on the Law of Tre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Human Rights
The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France. The court was established in 1959 and decided its first case in 1960 in ''Lawless v. Ireland''. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its member states of the Council of Europe, 46 member states are contracting parties to the convention. The court's primary means of judicial interpretation is the living instrument doctrine, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan (nee Brooke). He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. He was Secre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the Rome Conference for an International Criminal Court''. The American Society of International Law. Retrieved on 31 January 2008. and it entered into force on 1 July 2002. As of January 2025, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations". Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The jurisdiction of the court is complementary to jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and international security, security, to develop friendly Diplomacy, relations among State (polity), states, to promote international cooperation, and to serve as a centre for harmonizing the actions of states in achieving those goals. The United Nations headquarters is located in New York City, with several other offices located in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and The Hague. The UN comprises six principal organizations: the United Nations General Assembly, General Assembly, the United Nations Security Council, Security Council, the United Nations Economic and Social Council, Economic and Social Council, the International Court of Justice, the United Nations Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genocide Convention
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime and the first human rights treaty unanimously adopted by the United Nations General Assembly on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 153 state parties . The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who had coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. Lemkin also linked colonialism w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
