Convention (norm) - Factbites

Convention (norm) - Factbites
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Topic: Convention (norm)

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	Relative Normativity in International Law
		Instead, Article 53 of the Vienna Conventions gives priority to a norm which is `accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of international law having the same character'.
		Thus, Professor Weil's critique of Articles 53 and 64 of the Vienna Conventions on the Law of Treaties does not concern the higher status of some norms as such, but is aimed at the fact that ius cogens cannot be identified on the basis of formal criteria.
		According to the legal methodology now codified in Articles 31 and 32 of the Vienna Convention on the Law of Treaties, the starting-point for the interpretation of legal terms is their ordinary meaning.
	www.ejil.org /journal/Vol4/No3/art1-01.html (8135 words)

	Progressive Conservative Party of Ontario - Wikipedia, the free encyclopedia
		Miller was replaced as leader by Larry Grossman at a second leadership convention.
		Following a February 1985 leadership convention, the new party leader and premier, Frank Miller, called an election in which the Conservatives were reduced to a minority.
		Miller resigned after the Ontario New Democratic Party of Bob Rae reached an agreement with David Peterson's Liberals that allowed the latter to form a minority government with Peterson as Premier.
	en.wikipedia.org /wiki/Ontario_Progressive_Conservative_Party (1874 words)

	E Law: Deep Sea-Bed Mining Under Customary International Law
		Article 53 of the Vienna Convention on the Law of Treaties 1969 clearly spells out that a peremptory norm is one which does not allow for any form of derogation under international law.
		It is interesting to note that article 53 of the Vienna Convention on the Law of Treaties 1969 defines a 'peremptory norm' (i.e.
		"...a peremptory norm of general international law is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character."
	www.murdoch.edu.au /elaw/issues/v7n2/mwenda72.html (3923 words)

	Children’s Rights Division - Letter Brief to the Solicitor General on the Domingues Case
		C.H.R. Evidence of this norm, it noted, could be found in "the increasing numbers of States which are ratifying the American Convention on Human Rights and the United Nations Covenant on Civil and Political Rights, and modifying their domestic legislation in conformity with these instruments." Id.
		From the time that the norm was developing to the present day, the federal government consistently has set the minimum age at eighteen for the imposition of capital punishment in federal criminal cases.
		As early as 1980, the European Court of Human Rights suggested in dicta that a member state would be in violation of the European Convention for extraditing a juvenile to the United States, where he or she would potentially face capital punishment.
	www.hrw.org /children/domingues.htm (3347 words)

	News & Views, Politics and Military Analysis from Jerusalem, Israel
		Conflicting with a peremptory or jus cogens norm, a norm that, according to Article 53 of the VIENNA CONVENTION is "a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted....," the agreements confer no jurisprudential responsibilities of any kind.
		Indeed, recognizing that, according to Article 53 of the VIENNA CONVENTION ON THE LAW OF TREATIES, any agreement "...is void, if at the time of its conclusion, it conflicts with a peremptory norm of general international law," the Oslo agreements, witnessed officially by representatives of the United States, should be disregarded.
		Derived from the peremptory norm of Nullum crimen sine poena!
	www.gamla.org.il /english/article/2001/june/index.htm (1620 words)

	Canada.Report.2000 (b)
		As noted above, the prohibition of torture as a norm of jus cogens -- as codified in the American Declaration generally, and Article 3 of the UN Convention against Torture in the context of expulsion -- applies beyond the terms of the 1951 Convention.
		Article XXV provides that no person may be deprived of that right, except in accordance with the norms and procedures established by pre-existing law.
		Within the inter-American human rights system, Article I of the American Declaration sets forth the right of every person to "life, liberty and personal security." An essential aspect of the right to personal security is the absolute prohibition of torture, a peremptory norm of international law creating obligations erga omnes.
	www.cidh.oas.org /countryrep/Canada2000en/canada.b.htm (8868 words)

	International Jus Cogens: Issues of Law-Making
		64 of the Vienna Convention on the Law of Treaties (supra note 1) which states: 'If a new peremptory norm of general international law emerges, any existing treaty which is in conflict with that norm becomes void and terminates.' See also Draft Articles on State Responsibility, Art.
		it was recently confirmed by the 1986 Vienna Convention on the Law of Treaties.
		3 The Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations, 1986, UN Doc.
	www.ejil.org /journal/Vol2/No1/art3.html (754 words)

	ABC Sport - Cricket - The unconventional life of a cricketing cavalier
		Throughout his 84 years Miller, who died near Melbourne on October 11, displayed a splendid disregard for convention and a determination to live life on his own terms.
		Miller brought a dash of vivid Australian colour to monochrome, battered London in the final year of the war, never missing a party, and indulging in a passion for horse racing.
		Miller finished second in the batting averages to captain Don Bradman with 384 runs (76.80) and second to Lindwall in the bowling with 16 wickets (20.87) in the 1946-7 series.
	www.abc.net.au /sport/features/2004/s1218161.htm (981 words)

	Review of Ozone by A. Guerrrero, F97
		The second norm that emerges from the Convention, and even more so from the Montreal Protocol and London Amendments, is a sensitivity to the needs and desires of developing countries which in large part have not generated the damage to the ozone layer but are now called upon to share in the responsibility.
		The Montreal Protocol serves as a mechanism of control to implement the goals of the Vienna Convention to better understand and minimize the impact of controlled substances on the ozone layer.
		An amendment of the Convention or Protocol, under Article 9 of the Vienna Convention, may be proposed by any Party.
	www.law.berkeley.edu /faculty/ddcaron/Archive/iel97/ie01003.htm (2039 words)

	Book Norm MacDonald for Corporate Event, Private Entertainment. Party, Meeting, Gala Events - Grabow Entertainment
		Planning your next Convention with Norm MacDonald as your special guest
		Perhaps best known for his offbeat delivery of "the fake news" on "Saturday Night Live" for five seasons, Norm Macdonald is a major comedic presence.
		Macdonald was also seen in Billy Madison with Adam Sandler, and in Milos Foreman's Academy Award-nominated The People Vs. Larry Flint.
	www.grabow.biz /Comedy&Magic/NormMacDonald.htm (388 words)

	4-vector norm names - Information Technology Services
		About the name: I´m not sure if there´s a special name for it but if you talk about "Lorentz metric" (note that the norm derives from the metric) I think people will know what you talk about - but beware that the sign-convention for this metric might vary.
		As the vectors (do not confuse a vector with it´s representation (t,x,y,z)) remain unchanged so is their norm - unless you switch to another norm/metric for some reason.
		If, on the otherhand, there is a frame in which there is no current density but there is a charge density then the norm is proportional that charge density.
	www.physicsforums.com /archive/t-53666_4-vector_norm_names.html (388 words)

	No. 98-8327: Domingues v. Nevada - Invitation
		A jus cogens norm, also known as a "peremptory norm," has been described as "a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted." Vienna Convention, art.
		Moreover, the suggestion that the courts, by declaring that the asserted jus cogens norm exists and applies here, should in effect override the judgment of the political Branches that the United States should not be bound by an international legal prohibition against the execution of 16-year-old offenders plainly raises serious separation of powers concerns.
		A state that persistently objects to a norm of customary international law that other states accept is not bound by that norm, * * * just as a state that is not party to an international agreement is not bound by the terms of that agreement." Siderman de Blake v.
	www.usdoj.gov /osg/briefs/1999/2pet/6invit/98-8327.pet.ami.inv.html (4278 words)

	Judy Does Vegas: Homecoming for Miller, In Town To Pick Up SPJ Award
		Published: October 16, 2005 8:30 PM ET "The Judith Miller circus moves to Las Vegas this week and figures to be the hottest news story around," columnist Norm Clarke wrote in Sunday's Las Vegas Review-Journal.
		That's because she's in her hometown to pick up the First Amendment Award at the Society of Professional Journalists Convention and National Journalism Conference at the Aladdin.
		Miller's father, Bill Miller, has sometimes been credited with developing the "lounge" scene in Vegas, booked many of the top celebrities of his day, and was entertainment director at several casinos.
	www.editorandpublisher.com /eandp/news/article_display.jsp?vnu_content_id=1001306763 (387 words)

	Natural Law [Internet Encyclopedia of Philosophy]
		On this view, the criteria that determine whether or not any given norm counts as a legal norm are binding because of an implicit or explicit agreement among officials.
		The principal objective of conceptual (or analytic) jurisprudence has traditionally been to provide an account of what distinguishes law as a system of norms from other systems of norms, such as ethical norms.
		Though there are different versions of natural law theory, all subscribe to the thesis that there are at least some laws that depend for their "authority" not on some pre-existing human convention, but on the logical relationship in which they stand to moral standards.
	www.utm.edu /research/iep/n/natlaw.htm (387 words)

	Report of the International Law Commission (1999) - Chapter V
		Under the Vienna Convention, in the event of a conflict between a part of a treaty and a peremptory norm, the entire treaty was invalidated.
		It dealt neither with the effect of peremptory norms of international law nor with their content and the commentary to the first version of that provision showed that it envisaged a merely hypothetical case.
		Where there was an apparent contradiction between two peremptory norms, then one must prevail over the other, and legal systems had ways of determining which of the two would prevail.
	www.un.org /law/ilc/reports/1999/english/chap5.htm (17384 words)

	Human Rights Watch: 59th Session of the UN Commission on Human Rights: Briefing on the Death Penalty and Juvenile Offenders
		The prohibition on the execution of juvenile offenders is so widely observed that it has attained the status of a peremptory norm of international law, meaning that it is a binding obligation superior to other law.
		The Commission should clearly state that the imposition of the death penalty on juvenile offenders is expressly prohibited by international human rights treaties and that the prohibition on such executions is so widely observed that it has attained the status of a peremptory norm of international law.
		The International Covenant on Civil and Political Rights and the Convention on the Rights of the Child expressly forbid capital punishment for offenders who were under the age of eighteen at the time of the offenses of which they were convicted.
	www.hrw.org /un/chr59/deathpenalty.htm (1029 words)

	Weights and Measures Legal Opinion
		Precisely because a peremptory norm of general international law is inalienable the priceless right of national freedom was not bartered away by the weak and feeble ministry which signed the Treaty of Accession to the Treaty of Rome.
		has evolved into a peremptory norm or jus cogens, that is, a norm that enjoys a higher rank in the international hierarchy than treaty law and even 'ordinary' customary rules.
		The Pinochet and ICT judgments reflect Article 53 of the Vienna Convention on the Law of Treaties, which confirms that treaty provisions in violation of the jus cogens are void.
	www.silentmajority.co.uk /EUroRealist/Weights/page3.html (1907 words)

	The exclusion of child offenders from the death penalty under general international law - Amnesty International
		(2) A peremptory norm of general international law, also known as a norm of jus cogens, is a rule of international law which is binding on all states whether or not they are parties to international treaties which embody the rule.
		In its initial report under the Convention on the Rights of the Child, submitted in 1993, the government of Pakistan acknowledged that the laws of various provinces established a minimum age of 15 for the death penalty and that a child under the age of 15 could be punished under the hudood laws.
		It also constitutes strong evidence that the prohibition should be recognized as a peremptory norm of general international law.
	web.amnesty.org /library/index/engact500042003 (8056 words)

	First Name Unknown Lee - The Extradition Proceedings Against General Pinochet: A Case Study in The Emerging International System of Criminal Justice
		To better understand the role of peremptory norms in international law, it is necessary to explore the basic concepts of international ethics and how they relate to human rights.
		In general, for a norm to reach jus cogens status and in turn generate obligations erga omnes, the norm must be developed through the international system for many years until it is recognized throughout the world.
		First, the crime "must be contrary to a peremptory norm of international law so as to infringe a jus cogens" and secondly, the crime "must be so serious and on such a scale that [it] can justly be regarded as an attack on the international legal order."
	law.richmond.edu /rjolpi/Issues_Archived/2000_Spring_Issue/Lee.htm (5860 words)

	canadaeast.com - TS E-Brief
		Or imagine Market Square without John Hooper and Jack Massey's Timepiece clocktower, or the Saint John Trade and Convention Centre lobby without its paintings, photographs, and sculptures, including another major work of Mr.
		Every new public building that is built in Saint John will have an art component - if Saint John Mayor Norm McFarlane has his way
		McFarlane said that since becoming mayor last May, he has had a big artistic awakening.
	canadaeast.com /apps/pbcs.dll/article?AID=/20050115/TSEBRIEF/301150147 (5860 words)

	GOVERNMENT INITIATIVE TO STRENGTHEN BIOLOGICAL WEAPONS CONVENTION
		in violation of the legal norm of the Biological Weapons Convention
		While the Convention outlaws biological weapons, there is still no effective means of checking countries' compliance with the Convention.
		It was an Australian initiative which helped bring the Chemical Weapons Convention to fruition and, more recently, an Australian initiative which was pivotal in bringing the Comprehensive Nuclear Test Ban Treaty to a successful conclusion.
	www.dfat.gov.au /media/releases/foreign/1998/fa024_98.html (372 words)

	RNCBloggers - Bloggers Cover The Republican National Convention
		Norm Coleman (R-MN) and Elizabeth Dole (R-NC) both said"that they've lined up a majority of votes to head the National Republican Senatorial Committee,"the Minneapolis Star-Tribune reports.
		Welcome to the home of the Republican National Convention bloggers.
		Jack Dunphy over at National Review Online advises us that the Democrats are working to erase that 3.5 million vote gap from this past election - by appealing to the approximately 4.7 million people currently incarcerated in the United States:...
	www.rncbloggers.com (372 words)

	The Genocide against the Armenians 1915-1923 and the application of the 1948 Genocide Convention
		Pursuant to article 31 of the Vienna Convention on the Law of Treaties, the principal rule of interpretation is “the ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose”.
		As to the general principle of non-retroactivity of treaties, however, it is important to note that this principle admits of many exceptions and, in any event, is not a peremptory norm of international law (67).
		This Treaty contained not only a commitment to try Turkish officials for war crimes committed by Ottoman Turkey against Allied nationals (3), but also for crimes committed by Turkish authorities against subjects of the Ottoman Empire of different ethnic origin, in particular the Armenians, crimes which today would be termed genocide or crimes against humanity.
	www.alfreddezayas.com /Law_history/armlegopi.shtml (9566 words)

	Abolish the Death Penalty
		The Vienna Convention on the Law of Treaties defines a norm of jus cogens as “a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of international law having the same character”.
		The Commission considered the case and concluded that “a norm of international customary law has emerged prohibiting the execution of offenders under the age of 18 years at the time of their crime” and that “this rule has been recognized as being of a sufficiently indelible nature to now constitute a norm of jus cogens”.
		A country that sentences a child offender to death or executes them is violating international law in three ways: (i) it is violating its treaty obligations; (ii) it is violating customary international law; and (iii) it is violating a peremptory norm of international law (jus cogens).
	www.amnestyusa.org /abolish/juveniles/ilaw.html (600 words)

	Review of Ozone by A. Guerrrero, F97
		The second norm that emerges from the Convention, and even more so from the Montreal Protocol and London Amendments, is a sensitivity to the needs and desires of developing countries which in large part have not generated the damage to the ozone layer but are now called upon to share in the responsibility.
		The controlled substances listed in the Protocol are not exhaustive though, and the structure of the Convention and Protocol reflects an intent to continually control substances, now and in the future, which impact the integrity of the ozone layer.
		The Montreal Protocol serves as a mechanism of control to implement the goals of the Vienna Convention to better understand and minimize the impact of controlled substances on the ozone layer.
	www.law.berkeley.edu /faculty/ddcaron/Archive/iel97/ie01003.htm (2039 words)

	International Jus Cogens: Issues of Law-Making
		It is generally recognized that in order to acquire the quality of jus cogens a norm must first pass the normative tests for rules of 'general international law.' It is also established that, secondly, such a norm must be 'accepted and recognized' as a peremptory norm by 'the international community of states as a whole.
		Notwithstanding the apparent authoritativeness of this statement, it is far from established, however, that the concept of jus cogens, as codified by Article 53 of the Vienna Convention, allows the imposition of legal obligations upon members of the international community without their consent.
		However, a careful examination of the negotiating record relating to the notion of jus cogens does not support the view that the acceptance of Article 53 of the Vienna Convention on the Law of Treaties implied the recognition of a new source of general international law.
	www.ejil.org /journal/Vol2/No1/art3-02.html (2039 words)

	871 Baggrunds-papir vedr. EU-Israel associerings-aftalen
		The suspension of the EU-Israel Association Agreement would be both the implementation of the customary norm of general international law “inadimplenti non est adimplendum”, codified by the Vienna Convention on the Law of treaties, and of the EU Member States’ obligation to ensure respect for the Fourth Geneva Convention in all circumstances.
		As Israel commits material breaches of the Agreement as outlined above, the suspension of the EU-Israel Association Agreement by the EU would not be a sanction but the implementation of the customary norm of general international law “inadimplenti non est adimplendum”, codified by the 1969 Vienna Convention on the Law of Treaties.
		Association Agreements are one kind of EU bilateral conventions and have been concluded with many Mediterranean countries.
	www.danpal.dk /index.php?doc=871 (2039 words)

	Learn Tamil
		(Yes, the current convention that uses different shapes for different uyir-mey characters are against Tamil Grammar, we have to use it as it is the norm at present.
		Though this method is a method goes against Tamil Grammar, we still have to use it as this incorrect form of writing Tamil is the norm now.
		If you are new to learning Tamil do not concentrate on the modern Tamil alphabets as these are not used for normal purposes.
	www.geocities.com /avarangal/learntamil.html (2039 words)

	Peru: The Truth and Reconciliation Commission - a first step towards a country without injustice - Amnesty International
		In 2000, after the Commission declared the case admissible, the Peruvian State acknowledged that it had violated several rights enshrined in both the American Convention on Human Rights and the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women ("Convention of Belém do Pará") to which Peru is a party.
		Amnesty International believes that Peruvian society will not be able to achieve true reconciliation if decisions such as that taken in June 2004 become the norm, when the hundreds of other cases documented by the CVR and in which it is crucial for justice to be done are brought before the judiciary.
		The conclusions of the Truth and Reconciliation Commission
	web.amnesty.org /library/index/engamr460032004 (2039 words)

	Ozone Degradation, 7-2, by J. Prince, F97
		The 1988 Vienna Convention on the Law of Treaties provides the customary definition of jus cogens: ÒA peremptory norm of international law is a norm accepted and recognized by the international community of states as a norm from which no derogation is permitted...Ó
		Nueva Granada is not bound by the treaty terms under the principle of jus cogens.
		Furthermore, Section III contends that the principles expressed by the Montreal Protocol are neither jus cogens nor customary international law.
	www.law.berkeley.edu /faculty/ddcaron/Archive/iel97/ie02006.htm (2039 words)

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In the News (Tue 10 Nov 09)