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WSPC12502
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Last modified
1/26/2010 4:16:28 PM
Creation date
7/30/2007 8:51:20 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8282.400
Description
Colorado River Operations and Accounting - Deliveries to Mexico
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/1/3000
Author
Unknown
Title
Ecological Water Flows for the Colorado River Delta Under International and Domestic Law - Draft - Date Unknown
Water Supply Pro - Doc Type
Report/Study
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<br />003362 <br /> <br />DRAFT-Not for distribution <br /> <br />Unless a particular treaty provides otherwise, if a party to a treaty notifies the other <br />parties, with at least three months' notice, of its intention to impeach the validity ofthe treaty, <br />seek its termination, withdraw from the treaty or suspend its operation, and no objection is made <br />by the other parties, then invalidity or right to terminate, withdraw or suspend is established. If <br />another party to the treaty raises an objection, the parties are required to seek a solution through <br />means indicated in Article 33 ofthe Charter ofthe United Nations?25 These include <br />"negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional <br />agencies or arrangements, or other peaceful means of [the parties'] own choice." 226 <br /> <br />If the means of solving of disputes listed in Article 33 of the Charter do not produce a <br />solution in 12 months after the objection was raised and the dispute concerns the affect of <br />peremptory norms of general international law, then the dispute may be submitted to the <br />International Court of Justice.227 If the dispute is not solved in 12 months after the objection was <br />raised and the dispute concerns any other issue, then the dispute may be submitted to a <br />"conciliation commission" established pursuant to the Annex of the Vienna Convention.228 The <br />decisions of a conciliation commission are not binding on the parties.229 <br /> <br />The International Court of Justice is the principal judicial organ of the United Nations.23o <br />The Court is open only to nations that are parties to the Statute of the COurt.231 Only nations may <br />be parties in cases before the Court.232 The jurisdiction of the Court comprises all cases which <br />the parties refer to it and all matters s~ecially provided for in the Charter of the United Nations or <br />in treaties and conventions in force.23 The jurisdiction of the Court in contentious proceedings <br />is based on the consent of the nations to which it is open.234 Two nations may otherwise create <br />jurisdiction by declaring that they recognize the jurisdiction of the Court as compulsory upon <br />themselves ipso facto (presumed and unquestioned out of the fact itself), with regard to disputes <br />concerning a) interpretation ofa treaty; b) any question of international law; c) the existence of <br />any fact which, if established, would constitute a breach of an international obligation; or d) the <br />nature or extent of the reparation to be made for the breach of an international obligation. <br />Declarations may be made unconditionally or upon condition of reciprocity of another state.235 <br /> <br />Hearings of the Court are public, unless the parties demand otherwise.236 Its <br />deliberations take place in private and remain secret?37 The Court generally applies a) <br />international conventions establishing rules expressly recognized by contesting states; b) <br />international custom, as evidence of a general practice accepted as law; c) general principles of <br />law recognized by civilized nations; and d) judicial decisions and secondary "publicist" views?38 <br /> <br />The ICJ may give an advisory opinion on any legal question at the request of whatever <br />body may be authorized by or in accordance with the Charter of the U.N. to make such a <br />239request.240 Parties authorized to make such requests include the U.N. General Assembly, <br />U.N. Security Council, and other organs and specialized agencies ofthe U.N.241 <br /> <br />The decisions of the Court, notwithstanding the means by which jurisdiction has been <br />. established, have no binding force except between the parties and in respect of that particular <br />case.242 The Security Council ofthe U.N. may, however, at any stage ofa dispute likely to <br />endanger the maintenance of international peace and security, recommend appropriate <br />procedures or methods of adjustment. In making recommendations, the Security Council should <br /> <br />21 <br />
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