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The Vienna Convention on the Law of Treaties in U.S. Treaty ...

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The Vienna Convention on the Law of Treaties in U.S. Treaty ...

The Vienna Convention on the Law of Treaties in U.S. Treaty Interpretation EVAN CRIDDLE* TABLE OF CONTENTS In tro d u ction ..... 4 3 1

http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2561&context=facpubs

Date added: November 4, 2013 - Views: 8

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Title: Vienna Convention on the Law of Treaties of 1969

Articel 42 Validity and continuance in force of treaties 1.The validity of a treaty or of the consent of a State to be bound by a treaty may be impeached only through the application of the present Convention. 2.The termination of a treaty, ...

http://trans-lex.org/500600/pdf/

Date added: August 28, 2014 - Views: 1

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The Vienna Convention on the Law of Treaties: Consequences ...

The Vienna Convention on the Law of Treaties: Consequences for the United States by Robert E. Dalton* Sir Ian Sinclair has just described the advantages and disadvantages of the Vienna

http://www.jstor.org/stable/25658229

Date added: July 16, 2013 - Views: 7

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OSCOLA 2006 CITING INTERNATIONAL LAW SOURCES SECTION

PART IV CITING INTERNATIONAL LAW SOURCES A TREATIES ETC The American Society of International Law provides a useful guide to sources of international law (www.eisil.org), and includes information about how to cite a great variety

http://www.law.ox.ac.uk/published/OSCOLA_2006_citing_international_law.pdf

Date added: October 27, 2011 - Views: 9

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A GUIDE TO TREATY RESEARCH - GW Law

On the Interpretation of Treaties: the Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties (Spring 2007) ...

http://www.law.gwu.edu/Library/Research/Documents/Guides/SRG_5_Treaties%20(2011).pdf

Date added: July 4, 2013 - Views: 7

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Topic: Law and practice relating to reservations to treaties

porteur's first report on the law and practice relating to reservations to treaties (A/CN.4/470) was a model of logic and precision. ... Succession of States in respect of Treaties (hereinafter referred to as the "1978 Vienna Convention") and the

http://legal.un.org/ilc/documentation/english/a_cn4_sr2402.pdf

Date added: December 7, 2013 - Views: 2

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PROVISIONAL INTERNATIONAL LAW COMMISSION Fifty-ninth session ...

article 21, paragraph 3, of the Vienna Convention on the Law of Treaties, which reflected that new presumption, were arguably the most unsatisfactory provisions of the Vienna Conventions where reservations were concerned ...

http://legal.un.org/ilc/documentation/english/a_cn4_sr2915.pdf

Date added: October 14, 2014 - Views: 1

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Felon Disenfranchisement - Stanford Law School

6 Vienna Convention on the Law of Treaties, 27 Jan. 1980, 8 I.L.M. 679 (1969) [hereinafter VCLT]. 7 Golder v. United Kingdom, E.C.H.R., Ser. A, No. 18 (1975). 8 VCLT art. 31(1). California Sentencing & Corrections Policy Series Stanford Criminal Justice Center Working Paper.

http://www.law.stanford.edu/sites/default/files/child-page/266901/doc/slspublic/TBender-wp1_06.pdf

Date added: October 9, 2013 - Views: 2

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2-Cannizzaro-Sources of Law of Treaties (back to author)

the temporal application of treaties, ‘reflects customary law on the matter’.4 Only rarely, however, do international courts take care to specifically demonstrate that a certain rule existed qua custom before its incorporation in the Convention.

http://www.cannizzaro-sapienza.eu/sites/default/files/pubblicazione_allegato/The%20Law%20of%20Treaties%20through%20the%20Interplay%20of%20its%20Multiple%20Sources.pdf

Date added: July 2, 2014 - Views: 1

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42 SANCLR 1041 Page 1 (Cite as: 42 Santa Clara L. Rev. 1041)

recognized that "as in the case of treaties, American courts will give effect to the obligations of the United States under customary law; at the behest of affected private parties, courts will prevent violations of international law by

http://www.americanbar.org/content/dam/aba/publishing/criminal_justice_section_newsletter/crimjust_juvjus_ConniedelaVega.pdf

Date added: January 2, 2014 - Views: 1

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In Dubio Pro Conventione? - Duke Law Scholarship ...

16.See Vienna Convention on the Law of Treaties, May 23, 1969, Article 31 (“ordinary meaning”). Accord: Herber in SCHLECHTRIEM, COMMENTARY, supra note 13, Art. 7, Rd.Nr. 20. 17. Inevitably, these official texts differ on a (limited) number of substantive points; even

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1145&context=djcil

Date added: May 13, 2012 - Views: 6

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RESERVING - University of California, Berkeley

RESERVING Edward T. Swaine† INTRODUCTION The law of reservations is, perennially and by acclamation, the most complex and controversial component of treaty law.1 Roughly similar issues have been with us for

http://www.law.berkeley.edu/files/Reserving.pdf

Date added: July 22, 2013 - Views: 3

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THE PRICE OF ADMISSION BINDING MEMBER STATES TO UN RATIFIED ...

amending power appears in a large number of treaties and IO charters.7 But it is limited by a variety of procedural rules that protect state consent.8 Moreover, the exercise of such authority is exceptional. Although the empirical evidence is anecdotal, states do not

http://law.duke.edu/cicl/pdf/dsworkshop/helfer.pdf

Date added: January 2, 2014 - Views: 2

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The Role of International Law in Texas Jurisprudence

The Role of International Law in Texas Jurisprudence 1 I. Introduction: Nationalism vs. Transnationalism II. Foreign and International Law in Texas Courts

http://www.txcourts.gov/pdf/InternationalLaw.pdf

Date added: February 24, 2013 - Views: 4

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In The Supreme Court of the United States

2006 on the Law Applicable to Certain Rights in Respect of there are currently 81 States Parties. 5 The Convention ... the Vienna Convention on the Law of Treaties which, according to Libya v. Chad ICJ Reports (1994), p.4, at para. 4.1, reflects

http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_07_08_08_645_PetitionerAmCuHagueConference.pdf

Date added: August 1, 2013 - Views: 5

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The Use of the „Disconnection Clause“ in International ...

be distinguished between the different types of treaties regarding the object of the treaty. If EC/EU law provides for more intensive administrative cooperation than provided for by the treaty this at first sight does not really affect other parties as long as EC/EU Member States

http://www.ies.be/files/repo/conference2008/EUinIA_V_4_Smrkolj.pdf

Date added: May 17, 2013 - Views: 4

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SUPREME COURT OF THE UNITED STATES

Article 36 of the Vienna Convention on Consular Rela-tions requires United States authorities (1) to tell an arrested foreign national, without delay, ... that (along with the Constitution and federal laws) fiall Treaties made, or which shall be made, ...

http://www.law.cornell.edu/supct/pdf/03-5781P.ZD

Date added: February 3, 2012 - Views: 2

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How do Courts Find International Custom? - Duke University ...

There are two primary sources of international law, treaties and customary law. On the treaty front, the drafters of one international treaty, the 1983 Vienna Convention on the Succession of States, had discussed the inclusion of an odious debts exception to the general rules

http://law.duke.edu/cicl/pdf/opiniojuris/panel_6-gulati-how_do_courts_find_international_custom.pdf

Date added: October 2, 2013 - Views: 3

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ESERVATIONS TO THE AMERICAN CONVENTION ON HUMAN RIGHTS: A NEW ...

enna Convention on the Law of Treaties.7 The normative contained therein is applicable to the IASHR. Relatively recent developments, especially new doctrine on reservations to human rights treaties, are also useful to the analysis.

http://www.wcl.american.edu/journal/ilr/16/montalvo.pdf

Date added: January 26, 2014 - Views: 2

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U.S. Supreme Court

number of treaties to be self-executing, see . post, at 8–9, 11. Cite as: 552 U. S. ____ (2008) 23 Opinion of the Court . ... United Nations Convention on the Law of the Sea, Annex VI, Art. 39, Dec. 10, 1982, S. Treaty Doc. No. 103–39, 1833 . U.

http://www.supremecourt.gov/opinions/07pdf/06-984.pdf

Date added: February 1, 2012 - Views: 3

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BOSTON UNIVERSITY SCHOOL OF LAW

Succession of States in Respect of Treaties (1978 Convention),7 which entered into force in 1996, and the Vienna Convention on Succession of States in Respect of State Property, Archives, and Debts (1983 Convention),

http://www.bu.edu/law/faculty/scholarship/workingpapers/documents/SloaneR022707.pdf

Date added: February 27, 2012 - Views: 2

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Witness Protection & the UN Convention Against Transnational ...

7 Vienna Convention on the Law of Treaties of 1969, Art. 26, May 23,1969,1155 U.N.T.S. 331 (January 27,1980). ...

http://ailadownloads.org/seminars/seminar120628resources.pdf

Date added: December 24, 2012 - Views: 2

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REYER SUPREME COURT OF THE UNITED STATES

The United States has signed and ratified a series of treaties obliging it to comply with ICJ judgments in cases in which it has given its consent to the exercise of the ICJ’s adjudicatory authority. Specifically, the United . 2 MEDELLIN v.

https://supreme.justia.com/cases/federal/us/552/06-984/dissent.pdf

Date added: October 14, 2014 - Views: 1

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Reservations to the American Convention on Human Rights: A ...

enna Convention on the Law of Treaties.7 The normative contained therein is applicable to the IASHR. Relatively recent developments, especially new doctrine on reservations to human rights treaties, are also useful to the analysis. This piece ...

http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1236&context=auilr

Date added: July 22, 2013 - Views: 2

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Institute for International Law and Justice Emerging Scholars ...

The ILC makes clear, in its Commentaries to the Draft Articles on the Law of Treaties (DALT ...

http://www.iilj.org/publications/documents/ESP20-2011Arato.pdf

Date added: March 21, 2012 - Views: 2

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DRAFT June 27, 2011 To: Professor Andrew Schoenholtz From ...

accepted approach dictated by the Vienna Convention on the Law of Treaties. As the decisions from the Rehnquist era provide the foundation of the process of treaty interpretation embraced by the Roberts Court, ...

https://cliniclegal.org/sites/default/files/Treaty.pdf

Date added: September 28, 2013 - Views: 3

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The Effect of Norms: Whoever Opened Pandora’s Box, Did You ...

obvious example would be Article 109(4) of the 1982 United Nations Convention on the Law of the Sea (UNCLOS): ‘ [o] ... of jus cogens norms to those established in the law of treaties, as expressed mainly in Articles 53 and 64 of the 1969 Vienna Convention. Obviously, ...

http://www.ejil.org/pdfs/18/5/248.pdf

Date added: August 19, 2011 - Views: 8

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The Place of Human Rights in Investor-State Arbitration

arbitration rules, and the Vienna Convention on the Law of Treaties (VCLT),8 to protect foreign investment as contemplated under investment treaties while also giving consideration to human rights obligations.9 It builds on the author’s previous work on the hierarchy of norms involving

http://law.lclark.edu/live/files/12555-2012-fall-forumkaramanian-paper

Date added: May 25, 2013 - Views: 3

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Introduction to International and Comparative Law

to develop two kinds of treaties:constitutional treatiesand executive agreements. The first are made according to the Constitution’s provisions (i.e., they are negotiated by the President and

http://www.csb.uncw.edu/people/eversp/classes/BLA361/Intl%20Law/Required%20Readings/2.Intro%202%20Intl%20&%20Comparative%20Law.IntlBusLaw%20Ch%201%20by%20August.pdf

Date added: November 13, 2012 - Views: 4

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Above the Law: Violations of International Law by the U.S ...

agreements as well as examples of treaties the U.S. has refused to sign (such as the Law of the Sea). ... The United Nations Convention on the Law of the Sea resulted from 14 years of work involving 150 countries, including the United States. It

http://www.jstor.org/stable/29766228

Date added: July 26, 2013 - Views: 1

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ONNOR SUPREME COURT OF THE UNITED STATES - LII / Legal ...

law, as determined by the Supreme Court of the United States.fl Whether Medellín™s claim clears these hurdles is ... matic that, while treaties are compacts between nations, fia treaty may also contain provisions which confer certain

http://www.law.cornell.edu/supct/pdf/04-5928P.ZD

Date added: January 31, 2012 - Views: 3

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Travaux Preparatoires and United Nations Treaties or ...

used these background materials in analysis of treaties but also that courts had made use of them as well.6 The March 1999 Pinochet House of Lords decision made frequent reference to the travaux of the Torture and Extradition ...

http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1195&context=facpub

Date added: November 11, 2012 - Views: 5

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PRIVATE REMEDIES FOR TREATY VIOLATIONS AFTER SANCHEZ- LLAMAS

has entered into a network of treaties designed to protect foreign investors from expropriation and discrimination. Finally, the adoption of the federal income tax in 1913 quickly led to the making of an ever growing number of tax treaties

http://law.lclark.edu/live/files/9582-lcb111stephanpdf

Date added: February 20, 2014 - Views: 1

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THE LEGAL FRAMEWORK FOR EXTRADITION IN PERU

In the first case, extradition treaties are negotiated on general grounds, leaving procedural aspects to the respective domestic legislation. In the second, ... Convention on the Law of Treaties provides that "a party may not invoke the

http://www.oas.org/juridico/mla/en/per/en_per_leg_fram_extr_per.pdf

Date added: January 2, 2014 - Views: 2

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AND OBFUSCATING POLITICS IN INTERNATIONAL LAW AND THE CHILCOT ...

5 Vienna Convention on the Law of Treaties, 22 May 1969, art 31(1). See A Von Bogdandy and S Dellavalle, ‘The Paradigms of Universalism and Particularism in the Age of Globalisation: Western

http://www.eisa-net.org/be-bruga/eisa/files/events/stockholm/Between%20Legal%20Positivism%20and%20Natural%20Law%20for%20SGIR%202010.pdf

Date added: October 14, 2014 - Views: 1

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International Law and Justice Working Papers

norms as applicable to the interpretation of treaties, seems broader than 31(3)(c), thus suggesting ... some of the judges to use the case as an opportunity to make a statement on the law on the use of force (most notably, ...

http://iilj.org/publications/documents/2007-1.Howse.web.pdf

Date added: April 3, 2014 - Views: 1

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INTERNATIONAL LAW IN DOMESTIC SYSTEMS

cite to the Vienna Convention on the Law ofTreaties? 24 . ... supremacy of treaties in force over domestic laws. There is not any rule related to the hierarchy of customary intemationallaw. 4.2 Have the courts developed any presumptions or doctrines

http://www.bibliojuridica.org/libros/6/2907/5.pdf

Date added: January 15, 2014 - Views: 1

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The European Court of Human Rights and the Protection to the ...

mainly by the rules of interpretation provided for in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (see, for example, Golder v. the United Kingdom, 21 February 1975, § 29, Series A no. 18; Johnston and Others v.

http://familyreunification.eu/wp-content/uploads/2013/02/Family-reunification-talk-dublin1.pdf

Date added: July 25, 2014 - Views: 1

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ACTA's Constitutional Problem: The Treaty That Is Not a ...

83 See E.g., Vienna Convention on the Law of Treaties, art. 7, opened for signature May 23, 1969 (entered into force January 27, 1980), 1155 U.N.T.S. 331 [hereinafter VCLT] (providing that every state has the capacity to conclude international agreements and heads ...

http://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1021&context=research

Date added: December 23, 2012 - Views: 2

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International and Comparative Law Quarterly

The Law of Treaties and the Anglo-French Continental Shelf Arbitration A. E. Boyle ... article, and it refrained from expressing any opinion on the law applying to conventions lacking such an article. Secondly, this was a case in

http://www.journals.cambridge.org/production/action/cjoGetFulltext?fulltextid=1503444

Date added: October 14, 2014 - Views: 1

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PLEASE DO NOT CITE WITHOUT AUTHOR’S PERMISSION. Wayne State ...

The Vienna Convention on the Law of Treaties (1969) introduces “a peremptory norm of general international law ( jus cogens )” which limits the freedom of contract between states. Under Article 53 of the Convention, a treaty that conflicts with a

http://tnl.mcmaster.ca/conference/papers/Kim%20-%20Acceptability,%20Impartiality,%20and%20Peremptory%20Norms%20of%20General%20International%20Law.pdf

Date added: March 12, 2012 - Views: 2

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International Agreements and How to Build a Legal Case for ...

The Vienna Convention on the Law of Treaties Non-Discrimination Clauses Right to Property II. International Instruments and Relevant Key Provisions Introduction The United Nations Charter The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

http://landwise.landesa.org/guides/5/download_pdf

Date added: September 1, 2014 - Views: 1

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LAWS 6400 International Law Spring 2011 Syllabus

Vienna Convention on the Law of Treaties (1969) (Preamble, Articles 2, 3, 18, 19, 20, 26, 27, 31, 32, 53, 62, 64) • Reservations to the Convention on Genocide , Advisory Opinion, ICJ Reports 1951, pp. 20-30

http://lawweb.colorado.edu/profiles/syllabi/desautels-stein/LAWS%206400%20_International%20Law_%20Spring%202011%20Syllabus.pdf

Date added: December 24, 2012 - Views: 2

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The Thirteen Practical Steps: Legal of Political

interpretation set forth in Art icles 31 and 32 of the Vienna Convention on the Law of Treaties, the Practical Steps lay down criteria, principles, and measures for compliance with Article VI. They

http://lcnp.org/disarmament/npt/13stepspaper.pdf

Date added: October 14, 2014 - Views: 1

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Use It or Lose It? Assessing the Compatibility of the Working ...

11 See the Vienna Convention on the Law of Treaties of 23 May 1969 (SR 0.111) [hereinafter theVienna Convention”]. Note that questions of interpretation of treaty norms related to international intellectual

http://www.wti.org/fileadmin/user_upload/nccr-trade.ch/wp3/3.2/2012%2006%2013%20Use%20It%20or%20Lose%20It.pdf

Date added: January 2, 2014 - Views: 2

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INTERNATIONAL CONFERENCE ON AIR LAW PROPOSALS ON THE TWO ...

coincides with the number established in Article 84 of the 1969 Vienna Convention on the Law of Treaties. The Vienna Convention is an instrument of international law which has been widely ratified and accession to ...

http://www.icao.int/secretariat/legal/DCCD2009/doc/DCCD_doc_11_en.pdf

Date added: October 14, 2014 - Views: 1

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1890 of - Cour internationale de Justice | International ...

The Vienna Convention on the Law of Treaties establishes in its Articles 31-33 a system of treaty interpretation. Article 31, paragraph 1, provides that, based on the principle of good faith, the ordinary meaning

http://www.icj-cij.org/docket/files/98/7593.pdf

Date added: May 27, 2013 - Views: 4

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a brief guide to international treaties - Homepage - AWID

2 A brief guide to international treaties, WEN/ELF, July 2003 The European Convention on Human Rights (ECHR) Full title European Convention on Human Rights and Fundamental Freedoms 1950.

http://www.awid.org/eng/content/download/49106/541831/file/treaties.pdf

Date added: July 25, 2014 - Views: 1

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NEWS FROM THE INTER-AMERICAN SYSTEM - Washington College of Law

... (Right to equality before the law), Article XVII (Right to recognition of juridical personality and civil rights), Article ... citing Article 31(1) of the Vienna Convention on the Law of Treaties, the Court emphasized that a treaty must be interpreted in good faith according to its object ...

http://www.wcl.american.edu/hrbrief/09/3zarifis.pdf

Date added: October 14, 2014 - Views: 1

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Campaigning for law reform to prohibit corporal punishment ...

Campaigning for law reform to prohibit corporal punishment: Using legal action and regional and international human rights mechanisms . Summary Briefing 6 (June 2009) ... The Vienna Convention on the Law on Treaties emphasises that accepting human rights

http://www.endcorporalpunishment.org/pages/pdfs/briefings/Law%20Reform%20Briefing%206%20-%20Using%20legal%20action.pdf

Date added: October 3, 2012 - Views: 2