(国际法课件）chapter 7The Law of Treaties.ppt

* 3.2 Non-retroactivity不追溯原则 The provisions of a treaty do not bind a party in relation to any act or fact which took place or any situation which ceased to exist before the treaty entered into force for that state, unless a different intention appears from the treaty or is otherwise established. * “帕尔马斯岛仲裁案”，休伯（HUBER）： “一个法律事实必须按照与之同时的法律，而不是按照该事实发生争端时或解决争端时的法律予以判断”。 “创设一个权利受该权利创设时的法律支配，权利的存续也应当遵循法律演化所要求的条件”。 第二个原则引起争论，因为它可能使国家所已取得的权利永远处于不确定的状态，从而破坏国际秩序的稳定性。 * 3.3 Territorial application Unless some other intention is made clear, a treaty applies to the entire territory of each party. VCLT Art.29 * Article 93 of CISG： If a Contracting State has two or more territorial units in which, according to its constitution, different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them, and may amend its declaration by submitting another declaration at any time. (2) These declarations are to be notified to the depositary and are to state expressly the territorial units to which the Convention extends. ? (3) If, by virtue of a declaration under this article, this Convention extends to one or more but not all of the territorial units of a Contracting State, and if the place of business of a party is located in that State, this place of business, for the purposes of this Convention, is considered not to be in a Contracting State, unless it is in a territorial unit to which the Convention extends. ? (4) If a Contracting State makes no declaration under paragraph (1) of this article, the Convention is to extend to all territorial units of that State. * 3.4 Treaties and third parties Basic principal: treaties cannot bind third parties without their consent. Exception: VCLT 1969,Art 36 “A right arises for a third state from a provision of a treaty if the parties t