AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 260

Chapter VII

Final Provisions

A. Article 19. Relationship with other Treaties.

(i) Analysis and comment:

7.1.1 Article 19.2 is drafted with a double negative ('nothing in this treaty...not contrary to', which suggests that a party is precluded from entering into international agreements contrary to this treaty. Such limitations on sovereign rights are contrary to international law.97 However, a redrafted provision without the double negative would only specify that a party can enter into international agreements. It is suggested that Article 19.2 be removed.

97 Article I of the Montevideo Convention on Rights and Duties of States of 1933 provides that, "The State as a person of international law should possess the following qualifications: [...] capacity to enter into relations with other States". (1934) 165 League of Nations Treaty Series, at 19.

7.1.2 The term 'inconsistency' is captured by the term 'question' that follows. Further, the word 'inconsistency' is followed by a comma and an 'or', before 'question', which may need to be corrected. Reference to the Vienna Convention on the Law of Treaties, 1969 (VCLT) should also be removed, as India is not a party (see comment on Article 14.9).



Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys