International LAw Legal Term (1)

7/28/2019 International LAw Legal Term (1)

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Team Teaching Legal English,

Faculty of Law, UNS

Legal Term : International Law (2)


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CONVENTION ?

11/04/2013ENGLISHLEGALTERM

1. HARUS TAHU ILMU YANG TERKAITKONVENSI: Makna, jenis, Struktur, daya ikat,

dsb.

2. ISTILAH-ISTILAH/TERMINOLOGI YG SERING

DIGUNAKAN


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TREATIES CAN BE CALLED BY MANY NAMES:


A treaty is a binding agreement under

international law concluded by subjects of

international law, namely states and international

organizations. Treaties can be called by manynames: treaties, international agreements,

protocols, covenants, conventions,

exchanges of letters, exchanges of notes,

etc.; however all of these are equally treaties,and the rules are the same regardless of what

the treaty is called
http://en.wikipedia.org/wiki/International_lawhttp://en.wikipedia.org/wiki/Statehttp://en.wikipedia.org/wiki/International_organizationshttp://en.wikipedia.org/wiki/International_organizationshttp://en.wikipedia.org/wiki/International_organizationshttp://en.wikipedia.org/wiki/International_organizationshttp://en.wikipedia.org/wiki/Statehttp://en.wikipedia.org/wiki/International_law


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PERJANJIAN INTERNASIONAL


1. Treaty 2. Pact 3. Convention 4. Statute

5. Charter 6.Declaration

7. Protocol, 7. Arrangement 8. Accord 8. Modus vivendi

9. Covenant, 10. Agreement

11.Dsb.


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Meaning:


the creation of written agreements whereby thestates participating bind themselves legally to act

in a particular way or to set up particular relations

between themselves (Malcolm N. Shaw)


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PROSES TERBENTUKNYA

PERJANJIAN INTERNASIONAL


1. Dua tahap :negotiation dan signature

2. Tiga tahap :negotiation, signature, dan

Ratification

CONSENT TO BE BOUND BY A TREATY

ENTRY INTO FORCE


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11/04/2013 ENGLISHLEGALTERM

RATIFICATION

Ratificationmean in each

case the international act so

named whereby a stateestablishes on the internationalplane its consent to be boundby a treaty. (VCLT, art .1 (b))


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Ratification :

a treaty is generally open for signature for a

certain time following the conference which

has adopted it. However, a signature is not

binding on a State unless it has beenendorsed by ratification. The time limits

having elapsed, the Conventions and the

Protocols are no longer open for signature.The States which have not signed them

may at any time accede or, in the

appropriate circumstances, succeed to


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Accession :

instead of signing and then ratifying a treaty, aState may become party to it by the single actcalled accession, depend on the requirement ofeach treaty.

Reservation / Declaration :unilateral statement, however phrased or named,made by a State when ratifying, acceding or

succeeding to a treaty, whereby it purports toexclude or to modify the legal effect of certainprovisions of the treaty in their application to thatState. (VCLT, art. 1 (d)


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Entry into force (ex. From AP I of the

Geneva Convention 1949)


1.This Protocol shall enter into force sixmonths after two instruments ofratification or accession have been

deposited.2.For each Party to the Conventionsthereafter ratifying or acceding to thisProtocol, it shall enter into force six

months after the deposit by such Party ofits instrument of ratification or accession.


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PROTOCOL ADDITIONAL TO THE GENEVA

CONVENTIONS OF 12 AUGUST 1949, AND

RELATING TO THE PROTECTION OF VICTIMS OF

INTERNATIONAL ARMED CONFLICTS (PROTOCOLI),


Art 96. Treaty relations upon entry into

force or this Protocol

1. When the Parties to the

Conventions are also Parties to thisProtocol, the Conventions shallapply as supplemented by thisProtocol.


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2.When one of the Parties to the conflict is notbound by this Protocol, the Parties to theProtocol shall remain bound by it in theirmutual relations. They shall further-more bebound by this Protocol in relation to each ofthe Parties which are not bound by it, if thelatter accepts and applies the provisions

thereof.


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3. The authority representing a peopleengaged against a High ContractingParty in an armed conflict of the typereferred to in Article 1, para-graph 4,may undertake to apply theConventions and this Protocol inrelation to that conflict by means ofa unilateral declaration addressed tothe depositary. Such declarationshall, upon its receipt by thedepositary, have in relation to that

conflict the following effects:


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(a) the Conventions and this Protocol are broughtinto force for the said authority as a Party to

the conflict with immediate effect;(b) the said authority assumes the same rightsand obligations as those which have beenassumed by a High Contracting Party to theConventions and this Protocol; and

(c) the Conventions and this Protocol are equallybinding upon all Parties to the conflict


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Entry into force

(Article 126 of the Rome Statute)

This Statute shall enter into force on

the first day of the month after this60th day following the date of the

deposit of the 60th instrument of

ratification, acceptance, approval oraccession with the Secretary-General

of the United Nations.


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For each State ratifying, accepting,approving or acceding to this Statute

after the deposit of the 60th instrument

of ratification, acceptance, approval oraccession, the Statute shall enter into

force on the first day of the month after

the 60th day following the deposit bysuch State of its instrument of

ratification, acceptance, approval or

accession


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1. The present Covenant is open for signature byany State Member of the United Nations ormember of any of its specialized agencies, by anyState Party to the Statute of the InternationalCourt of Justice, and by any other State which hasbeen invited by the General Assembly of theUnited Nations to become a Party to the present

Covenant. 2. The present Covenant is subject to ratification.Instruments of ratification shall be deposited withthe Secretary-General of the United Nations.

3. The present Covenant shall be open toaccession by any State referred to in paragraph 1of this article.

4. Accession shall be effected by the deposit of aninstrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nationsshall inform all States which have signed thisCovenant or acceded to it of the deposit of eachinstrument of ratification or accession


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Article 49

1. The present Covenant shall enter into force threemonths after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrumentof ratification or instrument of accession.

2. For each State ratifying the present Covenant oracceding to it after the deposit of the thirty-fifth instrumentof ratification or instrument of accession, the presentCovenant shall enter into force three months after thedate of the deposit of its own instrument of ratification orinstrument of accession.

Article 50 The provisions of the present Covenant shall extend to allparts of federal States without any limitations or

exceptions.


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Article 51

1. Any State Party to the present Covenant may

propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-Generalof the United Nations shall thereupon communicateany proposed amendments to the States Parties tothe present Covenant with a request that they notifyhim whether they favour a conference of States

Parties for the purpose of considering and votingupon the proposals. In the event that at least onethird of the States Parties favours such a conference,the Secretary-General shall convene the conferenceunder the auspices of the United Nations. Any

amendment adopted by a majority of the StatesParties present and voting at the conference shall besubmitted to the General Assembly of the UnitedNations for approval.


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2. Amendments shall come into force when theyhave been approved by the General Assemblyof the United Nations and accepted by a two-

thirds majority of the States Parties to thepresent Covenant in accordance with theirrespective constitutional processes.

3. When amendments come into force, they shallbe binding on those States Parties which haveaccepted them, other States Parties still beingbound by the provisions of the present

Covenant and any earlier amendment whichthey have accepted.


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World Intellectual Property Organization (WIPO) Convention

Intellectual property right is deined as"intellectualproperty shalL include the rights relating lo: literary,artistic and scientificworks, inventions n all fields

of human endeavor, scientific discoveries, industrialdesigns, trademarks, service marks, andcommercial names and designations, protectionagainst unfair competition.and all other rights

resulting from intellectual activity in the industrial,scientific, literary or artistic fieids" (Article 2).


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Ratificationmean in each case the international actso named whereby a state establishes on theinternational plane its consent to be bound by a treaty.


Pengesahan disebut dlm uu intrl bila tiap2 halyg dikarenakan sustau neg didirikan di atas

wil intrl neg tsb hrs menyetujui akan batasn

seuah perjt

Pengeshn berarti tiap kasus perj diberi nama

oleh neg yg ditetapkan pd rencana intrl.

Ratif brarti setiap kasus uu intrl shg

dinamakanutk suatu neg yg membeut ijin dipewat intrl yg menjd batas perj intrl


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Affirming that the most serious crimes of concern to the international

community as a whole must not go unpunished and that their effective

prosecution must be ensured by taking measures at the national level and by

enhancing international cooperation

Menyatakan bwhwa kej yg paling berbhya

thd`komunitas` intrnl secara keseluruhan hrs

dihukum dan tuntutan yg efektif hrs dipastikan dg

mengambil tindakan secara nasional sertameningkatkan kerjasama intrnsl.


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Determined to put an end to impunity for the perpetrators

of these crimes and thus to contribute to the prevention

of such crimes, Memastikan untuk mengakhiri kebebsan pada para

pelaku kejahatan ini dan membantu pencegahan setiap

kejahatan


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TRIPSAgreement (the Agreement on Trade-RelatedAspects of Intellectual Property Rights concluded bythe World Trade Organization /WTO)

intellectual property isdefined as "The term'intellectual profierty' refers to all categories ofintellectual propertythat are subjectofSection 1Ihrough 7 of Part II" (Article 1(2)). And fnrtlier,

copyrightandrelated rights (Seion 1), trademarks(Section 2), geographical indications (Section 3),industrial designs (Section 4), pa[ents (Section 5),layout designs of integrated circuits(Section 6) andprotection of undisclosed information (Section 7) arestipulated in theAgreeinent.


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The Paris Convention for the Protectionof Industrial Property

Intellectual propertyis defined as "Theprotection of IP has as its object patents, utilitymodel, industrial designs, trademarks, service

marks, trade names, indications of source orappellations of origin, and the repression orunrair competition." (Article 1 bis)2.

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International LAw Legal Term (1)