Правовой статус Таифского договора между Королевством Саудовской Аравии и Республикой Йемен

• Автор: Аскар Хальван Аль-Энази
• Шифр специальности: 12.00.10
• Научная степень: Кандидатская
• Год защиты: 2000
• Место защиты: Москва
• Количество страниц: 252 с.

TABLE OF CONTENTS
INTRODUCTION PAGE
CHAPTER ONE : LEGAL FRAMEWORK:
The Preeminence of Treaties As A Principal Source of International Law
SECTION I: Sources of International Law
- Article 38 of the Statute of The International
Court of Justice
- Vienna Convention On The Law Of Treaties: Codification of Customary Law of Treaties:
a) VCT's Definition of Treaty
b) Binding Force of Treaties: the Doctrine of
"pacta sunt- servanda"
SECTION II: TREATY FORMULATION PROCESS
-Treaty Negotiation- Full Powers:
-Treaty Formulation - Adoption of the Text
-Treaty Formulation - Expression of Consent to Be Bound
-Treaty Formulation - Entry into Force
-Reservations
-Fixed Duration Clause
- Modification of Treaties
-Registration
SECTION III: APPLICATION OF TREATIES
-Application of Treaties: Conformity
with successive agreements relating to the same
subject-matter
SECTION IV : INTERPRETATION OF TREATIES
-Textual Interpretation: -Contextual Interpretation

SECTON V : INVALID TREATIES
-Treaties entered into by Persons Lacking
the Capacity to Contract
-Restricted Authority of State Representative
As Ground for Invalidating Treaties
-Duress or coercion of the state the threat or use of force
-Coercion of State representative by Personal
Duress or intimidation
-Use of fraud in negotiation
-Corruption of state representative
- Substantial Error
SECTION VI: CONSEQUENCES OF
INVALIDITY OF TREATIES
SECTION VII: TERMINATION OF TREATIES:
BASIC METHODS
-Termination Under the Terms of the treaty itself
-Termination By explicit or tacit agreement
-Termination By Implied Right of Renunciation
-Termination or Suspension By "material breach"
-Termination As A Consequence of Fundamental Change of Circumstances: Rebus sic stantibus
-Termination Due to Impossibility of Performance
-Termination Due to Emergence of new peremptory norm of international law: Jus cogens
-Termination As Consequence of Outbreak of war between parties
SECTION VIII: Consequences Of Terminating, Withdrawing From Or Suspending Of Treaties

CHAPTER TWO: LEGAL HISTORY RELATIVE TO THE CONCLUSION OF THE 1934 TREATY OF TAJ F
AND RELATED AGREEMENTS.
SECTION I:
a) Introduction
b) Text of the Treaty of Taif. Salient Legal Features :
( 1 ) Cessation of the state of war
(2) Cession of Territory
(3) Modification and Extension
(4) Covenant of Arbitration
(5) The Exchange of Letters
• SECTION II : RELATED AGREEMENTS:
i l)The 1937 General Agreement for the
Settlement of Frontier Questions and Movement of Subjects between the Two Countries
2) The 1953 Renewal Agreement of the Treaty of Taif
3) the 1973 Joint Communiqué
4) THE 1995 Memorandum Of Understanding
CHAPTER THREE: ARGUMENTS SUPPORTING THE VALIDITY OF THE TREATY OF TAIF

• SECTION I: Procedural Requirements
Pertaining to the Treaty of Taif as Validly Concluded Agreement.
-Capacity to Make the Treaty of Taif -Full Powers to Conclude the Treaty of Taif
- Mutual Consent to be Bound by the Treaty of Taif -Treaty of Taif s Entry Into Force
- Legal Force of the Treaty of Taif
- Registration of the Treaty of Taif
- Reservations to The Treaty of Taif:
- The Exchange of Letters on the Movement of Subjects

99 101

SECTION II : Legal Basis Supporting the

States often tend to make reservations to treaties they become parties to. 22 They are formal declarations which may be made by a state, usually at the time of signature or ratification regarding certain provisions. The reservations may be, for example, that the state party does not agree to a certain provision or interprets an obligation in a particular way. They are device mechanism basically designed to permit for broader state participation. However, they may also become a source of potential contention especially in relation to certain categories of multilateral treaties, such as those dealing with human rights. The entering of reservations to treaties is legitimate, but reservations must be compatible with a treaty's object and purpose.23 Thus reservations are not permitted if their effect is to undermine the treaty as a whole and not all treaties allow reservations to be made (i.e. multilateral treaties dealing with

human rights).
In defining reservations and interpretative declarations and the
22 Akehurst, p. 135.
23 The British Yearbook Of International Law 1994 , Oxford University Press, P