In this context, an interesting question arises about how to give legal effect to
declarations under conventions.
(4) Any State which makes
a declaration under this Convention may withdraw it at any time by a formal notification in writing addressed to the depositary.
2 Any State which has made
a declaration under this Convention may withdraw it at any time by a notification addressed to the Secretary - General of the United Nations.
Not exact matches
Because the Vienna
Convention provides its own system of remedies by way of
declaration of persona non grata and breach of diplomatic relations, even manifest abuse can not be relied on to justify forcible entry as a form of reprisals for breach of the obligation
under Article 41 of the
Convention to respect the laws and regulations of the receiving State.»
Loss of biodiversity could undermine the right to health
under instruments such as Universal
Declaration of Human, the
Convention on the Elimination of All Forms of Racial Discrimination, and the
Convention on the Rights of the Child, as well as the rights of indigenous peoples to access to the benefits of biodiversity as a resource
under instruments such as the
Convention Concerning Indigenous and Tribal Peoples in Independent Countries and United Nations
Declaration on the Rights of Indigenous Peoples.
For example, a persuasive case could be made that BECCS» potentially negative impact on food security and prices could violate the right to food, as recognized, inter alia,
under the International Covenant on Economic, Social and Cultural Rights, the
Convention on the Rights of the Child, and the Universal
Declaration of Human Rights.
Must, or should, a
declaration permitted
under an international
convention be expressly «implemented» in Canadian law, or is implementation of the
convention as a whole sufficient to give legal effect not only to the
convention but also to any
declaration made by Canada?
It is a uniformly accepted
convention that once a court
declaration under s 152 (2) is made, the insurer is released from any direct liability to meet a third - party claim, whether contractually or statutorily imposed (ie
under either s 151 of RTA 1988 or Reg 3 of the Rights Against Insurers Regulations 2002 (SI 2002/3061).
However, enforcement
under either
Convention would include a requirement to obtain a
declaration of enforceability from the enforcing Court; the Recast Regulation abolished the need for this step.
Were any
declarations or notifications made
under articles I, X, and XI of the
Convention?
Declaration made upon ratification: «The Philippines, on the basis of reciprocity, will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declarat
Declaration made upon ratification: «The Philippines, on the basis of reciprocity, will apply the
Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial
under the national law of the State making such
declarationdeclaration.»
Declaration: The Republic of Burundi will apply the
Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial
under the national law of Burundi.
Article 41 Where a Contracting State has a system of government
under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this
Convention, or its making of any
declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.
(3) If a State makes no
declaration under this Article, the
Convention shall extend to all territorial units of that State.
(2) Where recognition or enforcement of a judgment given in a Contracting State that has made such a
declaration is sought in another Contracting State that has made such a
declaration, the judgment shall be recognised and enforced
under this
Convention, if -
Where a Contracting State has a system of government
under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this
Convention, or its making of any
declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.
If by virtue of a
declaration under paragraph 1, this
Convention extends to one or more territorial units of a Contracting State:
If a Contracting State has not made any
declaration under paragraph 1, this
Convention shall apply to all territorial units of that State.
However, it can issue a
declaration under s. 4 of the Act that the relevant statutory provision is incompatible with the rights set out in the
Convention.
A Contracting State may at any time in a
declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrable
under this
Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
In the case of a
declaration made
under article 34 of this
Convention, such withdrawal shall also render inoperative, as from the date on which the withdrawal takes effect, any reciprocal
declaration made by another State
under that article.
States that make a
declaration under article 36 bis (article XII of the 1980 Protocol) will be bound by article 3 as originally adopted in the Limitation
Convention, 1974.
1
Declarations made under this Convention shall be addressed to the Secretary - General of the United Nations and shall take effect simultaneously with the entry of this Convention into force in respect of the State concerned, except declarations made
Declarations made
under this
Convention shall be addressed to the Secretary - General of the United Nations and shall take effect simultaneously with the entry of this
Convention into force in respect of the State concerned, except
declarations made
declarations made thereafter.
Any provision of article 11, article 29 or Part II of this
Convention that allows a contract of sale or its modification or termination by agreement or any offer, acceptance or other indication of intention to be made in any form other than in writing does not apply where any party has his place of business in a Contracting State which has made a
declaration under article 96 of this
Convention.
(4) If a Contracting State makes no
declaration under paragraph (1) of this article, the
Convention is to extend to all territorial units of that State.
2 Such
declaration shall cease to be effective on the first day of the month following the expiration of twelve months after a new
convention on the international sale of goods, concluded
under the auspices of the United Nations, shall have entered into force.
(1) This
Convention enters into force, subject to the provisions of paragraph (6) of this article, on the first day of the month following the expiration of twelve months after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, including an instrument which contains a
declaration made
under article 92.
See footnote 3 If, by virtue of a
declaration under this article, this
Convention extends to one or more but not all of the territorial units of a Contracting State, and if the place of business of a party to a contract is located in that State, this place of business shall, for the purposes of this
Convention, be considered not to be in a Contracting State, unless it is in a territorial unit to which the
Convention extends.
«(4) If, by virtue of a
declaration under this article, this
Convention extends to one or more but not all of the territorial units of a Contracting State, and if the place of business of a party to a contract is located in that State, this place of business shall, for the purposes of this
Convention, be considered not to be in a Contracting State unless it is in a territorial unit to which the
Convention extends.»
(3) If a State which is the object of a
declaration under the preceding paragraph subsequently becomes a Contracting State, the
declaration made will, as from the date on which the
Convention enters into force in respect of the new Contracting State, have the effect of a
declaration made
under paragraph (1), provided that the new Contracting State joins in such
declaration or makes a reciprocal unilateral
declaration.
(3) If, by virtue of a
declaration under this article, this
Convention extends to one or more but not all of the territorial units of a Contracting State, and if the place of business of a party is located in that State, this place of business, for the purposes of this
Convention, is considered not to be in a Contracting State, unless it is in a territorial unit to which the
Convention extends.
(1)
Declarations made
under this
Convention at the time of signature are subject to confirmation upon ratification, acceptance or approval.