国际法复习材料

24.无害通过和过境通行制度:

25.芝加哥公约:

26.国际航空运输协

定:The 1944 Chicago International Air Services Transit Agreement (The Two Freedoms Agreement)

a.the privilege to fly across the territory of another contracting state without landing(不降停飞越另一缔约国领土的权利)

b.the privilege to land for non-traffic purposes(在另一缔约国做非商业性降停饿权利) The 1944 Chicago International Air Transport Agreement (The Five Freedoms Agreement)

The privilege to take on and put down passengers ,mails and cargo in the territory of the state whose nationality the aircraft possesses and the territory of any other contracting state (允许装载和卸下去往和来自缔约国或第三国的旅客、货物、邮品三项权利) 27.国家航空器:P112 state aircraft

For example,military,police and customs aircraftt

指用于军事、警察、海关等履行国家或公共团体职能的航空器。 28.海牙公约:in flight 63:

For the purposes of this Convention, an aircraft is considered to be in flight from the moment when power is applied for the purpose of take- off until the moment when the landing run ends. 70:

For the purposes of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board. 71:Article 2 For the purposes of this Convention:

(a) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

(b) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this Article. 29.月球协定、外空条约、宇航员条约 P118 30.条约法公约: Article 7 Full powers

1.A person is considered as representing a State for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the State to be bound by a treaty if:

(a) he produces appropriate full powers; or

(b) it appears from the practice of the States concerned or from other circumstances that their

intention was to consider that person as representing the State for such purposes and to dispense with full powers.

Article 9 Adoption of the text1.

The adoption of the text of a treaty takes place by the consent of all the States participating in its drawing up except as provided in paragraph 2.

2.The adoption of the text of a treaty at an international conference takes place by the vote of two thirds of the States present and voting, unless by the same majority they shall decide to apply a different rule. Article 10 Authentication of the text

The text of a treaty is established as authentic and definitive:

(a) by such procedure as may be provided for in the text or agreed upon by the States participating in its drawing up; or

(b) failing such procedure, by the signature, signature ad referendum or initialing by the representatives of those States of the text of the treaty or of the Final Act of a conference incorporating the text. Signature

Article 12 Consent to be bound by a treaty expressed by signature

1.The consent of a State to be bound by a treaty is expressed by the signature of its representative when:

(a) the treaty provides that signature shall have that effect;

(b) it is otherwise established that the negotiating States were agreed that signature should have that effect; or

(c) the intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation. 2.For the purposes of paragraph 1:

(a) the initialing of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed;

(b) the signature ad referendum of a treaty by a representative, if confirmed by his State, constitutes a full signature of the treaty. Ratification

Article 14 Consent to be bound by a treaty expressed by ratification, acceptance or approval

1.The consent of a State to be bound by a treaty is expressed by ratification when: (a) the treaty provides for such consent to be expressed by means of ratification; (b) it is otherwise established that the negotiating States were agreed that ratification should be required;

(c) the representative of the State has signed the treaty subject to ratification; or (d) the intention of the State to sign the treaty subject to ratification appears from the full powers of its representative or was expressed during the negotiation.

2.The consent of a State to be bound by a treaty is expressed by acceptance or approval under conditions similar to those which apply to ratification.

Article 21 Legal elects of reservations and of objections to reservations

1.A reservation established with regard to another party in accordance with articles 19, 20 and 23:

(a) modifies for the reserving State in its relations with that other party the provisions of the treaty to which the reservation relates to the extent of the reservation; and

(b) modifies those provisions to the same extent for that other party in its relations with the reserving State.

2.The reservation does not modify the provisions of the treaty for the other parties to the treaty inter se.

3.When a State objecting to a reservation has not opposed the entry into force of the treaty between itself and the reserving State, the provisions to which the reservation relates do not apply as between the two States to the extent of the reservation. Article 23 Procedure regarding reservations

1.A reservation, an express acceptance of a reservation and an objection to a reservation must be formulated in writing and communicated to the contracting States and other States entitled to become parties to the treaty.

2. If formulated when signing the treaty subject to ratification, acceptance or approval, a reservation must be formally confirmed by the reserving State when expressing its consent to be bound by the treaty. In such a case the reservation shall be considered as having been made on the date of its confirmation.

3.An express acceptance of, or an objection to, a reservation made previously to confirmation of the reservation does not itself require confirmation.

4.The withdrawal of a reservation or of an objection to a reservation must be formulated in writing. Conflict of Treaties

Article 30 Application of successive treaties relating to the same subject matter 1.Subject to Article 103 of the Charter of the United Nations, the rights and obligations of States Parties to successive treaties relating to the same subject matter shall be determined in accordance with the following paragraphs.

2.When a treaty specifies that it is subject to, or that it is not to be considered as incompatible with, an earlier or later treaty, the provisions of that other treaty prevail.

3.When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the later treaty. 4.When the parties to the later treaty do not include all the parties to the earlier one: (a) as between States Parties to both treaties the same rule applies as in paragraph 3; (b) as between a State party to both treaties and a State party to only one of the treaties, the treaty to which both States are parties governs their mutual rights and obligations. 5.Paragraph 4 is without prejudice to article 41, or to any question of the termination or suspension of the operation of a treaty under article 60 or to any question of responsibility which may arise for a State from the conclusion or application of a treaty the provisions of which are incompatible with its obligations towards another State under another treaty.

Interpretation of Treaties

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