Treaties interpretation

A debate emerged on whether or not law enforcanent and domestic riot control are alternatives. However, applying the customary rules on treaty interpretation as reflected in Article 31VCLT and bearing in mind the types and quantities criterion of Article II, para 1, lit. a CWC leads to the conclusion that Article II, para 9, CWC requires enforcement measures pertaining to cases of severe disturbance of public order ," and that the two terms describe a single category of purposes." ... 

Because each country has its own patent laws, the precise meaning of the bibhographic data and the legal significance of the pubUshed patent document vary from country to country. The Patent Cooperation Treaty (PCT) provides a recommended code to distinguish the various types of documents and to simplify storage and retrieval of patent data (2), but the code is implemented differentiy by different countries. For example, in the United States an A-document in 1995 was a patent in the Nethedands, an A-document was a pubUshed unexamined appHcation. It is essential to understand each country s system to interpret the status of its patent documents. 

The Council of the European Economic Community, established under the 1957 Treaty of Rome, in 1973 issued a declaration on the environment (4), which the European Commission in Brussels has interpreted as giving it authority to issue directives on matters related to the emission of air pollutants, such as one limiting the sulfur content of fuel oil (5). 

A clear line needs to be drawn between permitted and forbidden experiments with pure-fusion explosions. The Comprehensive Test Ban Treaty does not define matter, and several governments have found it too difficult to anticipate future technological developments to make their own definitive interpretation. 

Article VI (Settlement of disputes) describes the mechanisms by which disputes concerning the application or interpretation of the Treaty may be settled. Subject to certain conditions, the International Court of Justice may be requested to give an advisory opinion. 

The Court of Justice ensures compliance with the common rules in the EU, and settles disputes over how the EU treaties and legislation are interpreted. Member State courts must ask the Court of Justice when they are in doubt about how to apply EU rules. Individual persons can also bring proceedings against EU institutions before the Court. 

PEPAT does not contain a definition of adverse impacts on the Antarctic environment and its dependent and associated ecosystems (Art. 3, para. 2 a). Impact and transboundary impact are defined in the Espoo Convention in Art. 1, sub-paras, vii and via (28). The environmental principles that according to Art. 3 must be fundamental considerations in the planning and conduct of all activities in the Antarctic Treaty area are very wide in their scope. PEPAT does not supply a list of mandatory and non-mandatory projects to ensure that the most dangerous activities will always be subject to lEE or CEE (28, 29), nor does it provide guidance for a uniform interpretation of the terms minor and transitory impact contained in Arts. 1, 2 and 3 of Annex I. 

Non-discrimination between companies and sectors was an important criterion of NAP acceptance defined in Annex III of the Directive. The interpretation of this note in the Commission s guidance (European Commission 2003) was very general, however, and quoted Treaty notations (Articles 87 and 88 of the Treaty). 

By 1922, there seemed to exist a widespread consensus that CW was an especially undesirable form of warfare and one which should be prohibited by international convention. This desire to prohibit by treaty had been interpreted by some jurists as evidence of a perceived lack of any customary law prohibiting the use of chemical weapons. 

The Court of Justice has the imjxjrtant task of monitoring the legahty of actions by the Community institutions and providing legal protection. The apphcation of Community law by the Member States is also subject to the independent judicial scrutiny of the European Court of Justice. In addition, the Court gives the national courts guidance on the interpretation of the EC Treaty and Community legal acts. 

It also has exclusive jurisdiction in disputes between Member States concerning the interpretation and application of Community law. The court does not have jurisdiction in matters concerning the Common Foreign and Security Pohcy, but it acquired limited powers in police and judicial cooperation in criminal matters under the Amsterdam Treaty. 

Ipsen K (1991) Explicit methods of arms control treaty evolution. In Dahlitz J, Dicke D (eds) The international law of arms control and disarmament proceedings of the symposium, Geneva, 28 Eebruary-2 March 1991. United Nations, New York, pp 75-93 Joyner D (2011) Interpreting the nuclear non-proliferation treaty. Oxford University Press, Oxford... 

See also. Article IV(2), Institute of Intemationeil Law s resolution on Humanitarian Assistance of 2 September 2003 Article 14(1), International Law Commission s draft articles on protection of persons in the event of disasters, adopted on its first reading, A/69/10, para 55. As Article 31(3)(c) of the 1969 Menna Convention on the Law of Treaties provides, any relevant rules of international law applicable in the relations between the parties should be taken into account in interpreting treaties. 

As Article 31(2) of the 1969 Vienna Convention on the Law of Treaties provides, the context should be taken into account in interpreting a treaty, including the text of the treaty concerned. 

Atmospheric radioactivity is monitored globally for the verification of the Comprehensive Nuclear-Test-Ban Treaty (CTBT), with xenon isotopes Xe, Xe, Xe, and Xe serving as important indicators of nuclear explosions. The interpretation of atmospheric concentrations of radioxenon has been enhanced by quantifying radioxenon emissions released from... 

The European Court is the supreme authority on Community law. Its function is to ensure that in the interpretation and application of the EEC Treaty the law is observed (art. 164). The EEC Treaty and the Single European Act, 1986, are concerned with matters such as freedom of competition between Member States and aspects of social law, including health and safety at work. 

Decides that none of the obligations set forth in this resolution shall be interpreted so as to conflict with or alter the rights and obligations of State Parties to the Nuclear Non-Proliferation Treaty, the Chemical Weapons Convention and the Biological and Toxin Weapons Convention or alter the responsibilities of the International Atomic Energy Agency or the Organization for the Prohibition of Chemical Weapons ... 

This is founded on the judgments of the European Court of Justice, which is responsible for ensuring that the law is observed in the interpretation and application of the treaties. 

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