All Questions
Tagged with international treaty
34
questions
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Can a country choose to only partially ratify a treaty?
Let's say that Country A wants to enter into UNCLOS. However, it doesn't like certain provisions of UNCLOS. Is it legally possible de jure (not de facto, since countries clearly can just establish the ...
-1
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2
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81
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can states interpret an international law however they want? [closed]
can they even interpret it to effectively negate the rule of not using domestic law as a justification for non fullfilment of obligations by interpreting the treaty in a way that suits them ?
2
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41
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Are there any other ways to effect "responsibility to protect" without a UN security council approval?
“Responsibility to protect” is a UN pledge against genocide, ethnic cleansing and crimes against humanity which allowed states to authorise force as a last resort against other states if those crimes ...
2
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2
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232
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Was it legal to shoot down the Chinese balloon?
Recent news headlines read: "US fires air-to-air missile and takes down alleged Chinese spy balloon." It happened in February 4th, 2023.
The balloon, as far as we know, was not armed and did ...
3
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70
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Is there a "court of law" for treaty disputes between nations?
For example, say the USA and Canada sign a treaty. But then Canada feels that the USA broke the treaty, but the USA maintains that they didn't. Is there some "court of law" equivalent where ...
4
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1
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618
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Married couple traveling abroad, what proof exists
When traveling abroad, how does a nation state know that a couple is married?
What laws are in place regarding hospitalization and next of kin?
What happens to a same-sex couple traveling to a nation ...
4
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1
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687
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What gives rise to binding obligations at international law?
There are many international agreements, declarations, and norms. Which of these give rise to obligations that are binding on nation states at international law?
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2
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57
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What is the definition of "Race" used in ICERD?
It seems like it's not defined in the convention (International Convention on the Elimination of all forms of Racial Discrimination). But does race only mean colour in the convention?
3
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546
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Does a treaty have to be compatible with the US constitution to be implemented?
What would be the effect of the United States ratifying a treaty that is incompatible with its constitution?
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115
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Can countries that apply the dualist approach to international law indefinitely delay the implementation of a treaty into domestic law?
And can states be held accountable for any violations of the treaty that occurred before they incorporated the treaty into domestic law ?
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3
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150
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What happens if a Constitutional amendment passed after ratification of a treaty contradicts that treaty?
Suppose a Constitutional amendment was passed establishing an absolute right to circumvent DRM. This is in direct contradiction to the WIPO copyright treaty, which requires signatory countries (...
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Can the Canadian administration ("government") enter into international agreements, treaties etc. binding Canada without legislative ratification?
According to Wikipedia citing a CBC coverage Canadian Minister of Foreign Affairs, Mélanie Joly told to reporters that "[u]nder the Canadian system the government, the executive branch, has ...
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124
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Would the EU's common security and defense policy force the entire EU to war with Russia if Ukraine joins?
Given that the common security and defense policy "also entails collective self-defence amongst member states" with the only (and debated) exceptions being Austria, Ireland, Finland, Malta ...
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Could the President, Senate, and a foreign country circumvent the House to pass a law?
If the Senate and President wanted to pass a law, but the House of Representatives voted against it, could the President and Senate pass it by including it in a treaty with a foreign country (assuming ...
1
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1
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69
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Does secret or semi-secret prior art invalidate granted patents when presented?
An example would be inventions from the former Soviet Union that were officially secret, then some became semi-secret as they leaked into the public realm but so obscure that only very narrow circles ...