国际商法英文版精选资料.pptVIP

1-21 Casepoint: Art. 30 of the Treaty of Rome states that “Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member states.” That prohibition is here read broadly, as the German law dealt with qualitative differences. Still, German law must conform to EU law and to the principle of free movement of goods embraced in Art. 30. 1-21 Case 1-3 The Trail Smelter Arbitration pp.15-17 State with territorial sovereignty still subject to negative servitudes, preventing it from causing injury to a second state. Smelting plant in Canada was polluting air and water in State of Washington. “A state owes at all times a duty to protect other states against injurious acts by individuals from within its jurisdiction.” 1-22 Territorial Sovereignty After The Rio de Janeiro Conference - 1992 Modernly, states have adopted negative servitude as formal part of international law. 1-23 Changes in Territorial Sovereignty With a change in sovereignty over territory, several legal consequences arise and we apply the following rules: Successor states are bound by dispositive treaties – treaties concerned with rights over territory (boundaries servitudes.) Merger Rule – treaties in effect in a former state remain in effect in its territory when it becomes part of a new state. Ex: Treaties of both Egypt and Syria remained in effect when they merged into the United Arab Republic Moving Boundaries Rule – treaties of state absorbing new territory become effective within absorbed territory. 1-24 Changes in Territorial Sovereignty (continued) Ex: France’s treaties displaced German treaties in annexed territory of Alsace-Lorraine at end of WWI. Clean Slate Doctrine – new state created from colony not bound by treaties of its former colonial power. p. 18 Succession of States – when two states agree to join and form single state or when a state dissolves into two or more states, the new s