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Showing posts with the label PUBLIC INTERNATIONAL LAW

STATE RESPONSIBILITY

STATE RESPONSIBILITY 1. The existence of international obligation which has to be enforced between the concerning state 2. the omission of an act or occurrence of a wrongful violation of the existing legal obligation 3. Loss or damage must result from such a wrongful act or omission   DOCTRINE OF EQUALITY OF TREATMENT The  principle  that there shall be no direct or indirect discrimination based on racial or ethnic origin, sex, religion or belief, disability, age or sexual orientation.   National Treatment Principle The principle  of giving others the same  treatment  as one's own nationals.  National treatment  also applies to imported goods once they enter the market, foreign and domestic services, and to foreign and local trademarks, copyrights, and patents.   Most Favored Nation Treatment Principle A principle that requires Members to accord the  most  favorable tariff and regulatory  treatment ...

PUBLIC INTERNATIONAL LAW (SOURCES OF INTERNATIONAL LAW)

SEE HERE: Vienna Convention on the Law of Treaties (1969) (un.org)   Pacta Sunt Servanda agreements must be kept;   EXC: Rebuc Sic Stantibus the treaty is unenforceable because of fundamental change in circumstances. EXC to the EXC: a. The treaty establishes a boundary; b. The state seeking the termination or withdrawal is the party-in-breach (Art. 62[2]   5 CONDITIONS/ELEMENTS FOR THE APPLICATION OF REEBUC SIC STANTIBUS: 1.      The change must be of circumstances existing at the time the treaty was made 2.     The change of circumstances must be “FUNDAMENTAL” 3.     The change must not have been foreseen by the parties 4.     The existence of those circumstances must have constituted an essential basis of the consent of the parties to be bound by the treaty in the first place 5.     The effect of the change must be radically to transform the extent of the obligation still ...