LIBRO TEORIA GENERAL DEL ESTADO GEORG JELLINEK PDF

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In this environment of cooperation and multilateralism 17the Washington Conference took place between October 15 and December 1, and the outcome was the Antarctic Treaty that began to take effect in This is the reason for which we will analyze the other effects.

On one hand, it requires a customary practice previous to the treaty, a practice that did not exist before the Washington Convention infrom which was born the Antarctic Treaty, except with regard to research freedom that was instituted in the International Geophysical Year It consists in determining if, in the case that the mechanisms of mentioned treaty that are meant to protect the legally protected rights should fail, it could be argued that the Antarctic Treaty, especially the principal of the peaceful usage of Antarctica, constitutes a custom in international law and, therefore, it is the source of valid law enforceable against third party states that are not party to the Antarctic Treaty.

Of course, the members of the Antarctic System ignored this and gensral petitions that were heneral along the same lines in other General Assembly sessions and South Africa continued participating in institutions in the Antarctic System.

New York, Oxford University Press. The protocol has annexes that refer specifically to the following: Peaceful usage of the Antarctic territory Article I, A.

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According to the conviction of the day, decisions in international material jellinek be collective and concerted instead of being made individually and based on political force. Generaal provision shall not prejudice the power of the Court to decide a case en aequo et bono, if the parties agree thereto”, The literal meaning of b. The police in New Zealand detained and interrogated the addressees upon returning home from Antarctica through New Zealand. In the case of the non-privileged, the mechanism to determine the applicable jurisdiction is that of the Consultations, for which one should in principle turn to the custom of international public law in order to define the applicable jurisdiction.

The final phase is the approval of the measure and its subsequent incorporation in the own legislation of the states parties Luis Winter, former Chilean diplomat and current Rector at the University of the Pacific Chilefor the ideas about the protected legal interest. Teorix if estwdo accepts a jelliek doctrinal sector, these resolutions can be considered the source in itself of international custom 76although it can be criticized that Article 38 of the Statute of the International Court of Justice does not make reference to the resolutions as sources of international jellinfk so that the Court decides However, there are arguments to sustain, not without difficulties, that the above mentioned treaty, and mainly the principle of peaceful usage of the Antarctic territory contained in it, has generated a custom in international public law as a general practice and, therefore, with opinio juris is a source of valid international law and enforceable against third state parties that are not part of the Antarctic Treaty.

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How then would the Antarctic territory be defended with respect to states that are toria party to the Nellinek Treaty? In order to demonstrate the previous hypothesis, this paper will first show how the decision to sign the Antarctic Treaty was arrived at and the legal rights protected by it. In fact, this claim on esatdo continental shelf has been put before the Commission on the Limits of the Continental Shelf on gneeral of various states.

Research freedom Article II, A. This article provides the following: Managing Sovereignty and Jurisdictional Disputes in the Antarctic. With respect to the legally protected interest, it can be said that it is dual, or to be clearer, there are two legal interests protected by the Antarctic Eshado depending on the activity being carried out there. A series of resolutions can show the gradual evolution of the opinio juris necessary for establishing a new rule” Accessed April 15, All personnel or military team that they are planning on bringing to Antarctica 3.

Therefore, a state that has already accepted in a reiterative manner the principles of the Antarctic Treaty cannot in a subsequent act deny these principles, such as has been recognized on various occasions by the International Court of Justice 74among others in the case related to award issued by the king of Spain on December 23,that georgg the following tone: Issue 39pp.

Chile, Argentina, and Great Britain started a competition to back their respective claims, which generated considerable friction, such as, the dismantling of the Argentine and Chilean bases on Deception Island by the crew of the British ship HMS Snipe by means of bombarding these bases.

TRATADO ANTÁRTICO Y MECANISMOS DE PROTECCIÓN DEL TERRITORIO ANTÁRTICO

The natural wealth of its territorial mass is believed to be considerable and its coastal zones contain important sources of food … The Government of India considers that in order to strengthen universal peace, it would be appropriate and timely for all nations to agree and assert that the area will be used as a generxl for peaceful means and for the general well-being ” Given the large offering of NGOs principally working on environmental topics, we will limit our descriptions to two examples of the role that they can have in protecting the Antarctic territory.

Given the requirement of sovereignty for the claiming of a determined territory, seven states 10 have claimed sovereignty over each part of the Antarctic territory. On the specifics, see Dumberry p.

The Estadp Treaty A. However, in the eventuality that a state not party to the Antarctic Treaty infringes upon the principles contained in it, the states parties to it would be those to employ, using a controversy resolution mechanism of their choice, the international custom constituted by the Antarctic Treaty.

This translated into more interest in Antarctica from many states, particularly those that had territorial claims ggeneral the white continent, plus the United States, the former Union of Soviet Socialist Republics, Belgium, Japan, and South Africa, that proceeded to establish 60 winter bases in Antarctica and the islands in the Southern Ocean for research purposes Final Report of the Committee.

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In order to give an adequate response to these questions, we consider that one of the mechanisms that makes possible the enforcement gekrg the Antarctic Treaty over third party states is international custom. Consultative and Non-Consultative Parties.

Research and scientific cooperation Article II, A. Before beginning with the development of this paper, it is pertinent to clarify generao given the complexity of the Antarctic System and the Antarctic Treaty as its cornerstone this paper will concentrate on the Antarctic Treaty since what is advocated for in said treaty is applicable to the Antarctic System with respect to the material that will be visited below.

Eminent responsibility for environmental emergencies. Elimination and treatment of residues.

The Antarctic Treaty marks a fundamental milestone in the handling of Antarctica. It should continue to expect that Soviet politics do not reflect any abstract of both peace and stability, no real faith in the possibility of a happy, genera, coexistence of the socialist and capitalist worlds, but rather more like a careful, persistent pressure aimed at perturbing and debilitating the influence and power of the rival.

Given that it has not been modified and even the subsequent treaties that form part of the Antarctic System such as the Madrid Protocol in recognize that they do not modify it, the practices based on the Antarctic Treaty are uniform, especially in the case of the peaceful usage of the Antarctic territory. Among the activities where the legally protected interest is the entire Antarctic territory and, therefore, their practice is banned, it can be found: Those that do not have the privilege of having as jurisdiction that of their nationality are all those that belong to the exceptional personnel or in other words tourists, visitors, etc.

This provision shall not prejudice the power of the Court to decide a case en aequo et bono, if the parties agree thereto”. The Author wants to thank Mr. Protocol on Environmental Protection to the Antarctic Treaty, Once the text has been agreed upon, the measure is formally presented to the respective Consultative Meeting. However, in order to avoid territorial disputes over the white continent, twelve states signed the Antarctic Treaty in Washington D.

The big problem that could be pointed out with respect to this effect, in order to determine if there is international custom, concerns whether or not the general practice created by the Antarctic Treaty is accepted as law or, in other words, if the practice of using the Antarctic territory for peaceful purposes has opinio juris sive necessitatis The former has its foundation because, in addition to the possible generator effect of custom in international law that could be attributed to the Antarctic Treaty, which could be questionable 69the resolutions of the General Assembly of the United Nations can constitute proof of customary law, according to a majority of authors Finally, it will share the relevant conclusions.