国际法整理资料分析.doc

名词解释 1、law-making treaty 造法性条约 Law-making treaties are intended to have universal (or general) rather than restrictive effect. Such ‘law-making’ treaties are created with the participation of a large number of states to elaborate their perception of international law upon any given topic or to establish new rules for guiding their future international conduct. Rules produced by such treaties can have binding effect upon all contracting parties. Examples of these ‘law-making’ treaties include the1992 Rio Declaration of the UN Convention on the Environment and Development,etc 2、Recognition de facto 事实承认 The recognition de facto is usually regarded as an interim step in which the recognizing states have some doubts concerning the continuance and legality of the government in question. 3、universal jurisdiction/ the universality principle 普遍性管辖 Under the universality principle, where a crime is offensive to the interests of the international community as a whole, each and every state may arrest jurisdiction over the offense. Irrespective of the nationality of the victim and the offender and the location of the offense. 4、restrictive immunity相对/有限豁免权 Such circumstance led to the calls for modification of the doctrine. Many states therefore have adopted the concept of restrictive immunity, whereby immunity may be granted to governmental acts (acts jure imperii) while immunity is not available for those relating to private or trade activity(acts jure gestionis). 5、reservations to treaties 条约保留 As defined in Article 2 of the 1969 Vienna Convention, a reservation is : A unilateral statement ,however phrased or named, made by a state ,when signing , ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in the treaty in their application to that state. 6、the continental shelf 大陆架的定义 The 1982 Convention defines the continental shelf as: the seabed and subsoil of the submarine ar