Understanding Diplomatic and Consular Relations

Posted on Nov 17, 2024 in Law & Jurisprudence

EMA 17. Diplomatic and Consular Bodies.

1. Diplomatic Missions. The Vienna Convention of April 18, 1961: Features, members, facilities, immunities, and privileges. Special diplomatic missions. (New York Convention of December 16, 1969).

A diplomatic mission is any official representation of a state outside its borders, ensuring interstate relations on a permanent basis, a peripheral organ accredited to another state.
Examples of diplomatic missions include the embassy, which is the highest category with an ambassador at the front as head of mission, or nunciature with a nuncio representing the Holy See to other states. There are also legations of lower rank, whose chief mission is a resident minister, or possibly an internunciatura with an internuncio at the front.

Everything relating to permanent diplomatic missions is codified in the Vienna Convention of April 18, 1961, by the Commission of the UN General Assembly. The Convention has been widely accepted in most states, including Spain. The Convention does not apply:

• To special diplomatic missions, which are governed by the New York Convention of 1969.
• To the relations of states with international bodies, which are governed by the Vienna Convention of March 14, 1975.

For this study, we analyzed five points:

A) Establishment.
The establishment of a diplomatic mission is governed by the principle of mutual agreement between the sending state and the receiving state. This mutual agreement determines whether or not to establish a diplomatic mission, the rank of the diplomatic mission, the possibility of multiple accreditations, and the number of members in the diplomatic mission.
The creation, modification, and deletion of a diplomatic mission is the responsibility of the government, made by royal decree on the initiative of the Minister of Foreign Affairs, based on the proposal of the Minister of Public Administration.
Typically, the reception points of diplomatic missions are state capitals and other major cities.

B) Functions.
A diplomatic mission, under the Vienna Convention of 1961, has five functions:

• Representing the sending state in the receiving state.
• Protecting the interests of the sending state and its nationals in the receiving state.
• Ongoing negotiations with the government of the receiving state.
• Gathering information by all lawful means regarding the conditions and developments in the receiving state.
• Promoting friendly relations and cooperation between the two countries (economic, cultural, and scientific).

C) Natural Persons Members of the Diplomatic Mission.
The members of the diplomatic mission include:

• Head of Mission: Must have the nationality of the sending state, which is responsible for choosing the head of the diplomatic mission. The receiving state must provide the placet, authorization, or approval; if not granted, the sending state must choose someone else. The placet is revocable, meaning that at any time, the head of mission may be declared persona non grata.
• Staff or Diplomatic Corps: Accredited diplomatic agents who enjoy diplomatic status and are nationals of the sending state, without being subjected to the placet by the receiving state (Minister-Counselor, attaches, counselors, secretaries).
• Administrative or Technical Staff: Office staff, administrators, translators, etc. They need not be nationals of the sending state or require placet, and it is common to hire them in the receiving state.
• Service Staff: Subordinates such as drivers, messengers, security, gardeners, cooks, etc. They need not be nationals of the sending state, and the receiving state often hires them.

D) Facilities.
The receiving state is obliged to provide land or premises to locate the embassy, allowing accommodation for members and their families. They must also facilitate technical, administrative, and service staff assistance if deemed necessary (typically, mixed personnel; technical staff from the accredited country and the rest from the native staff of the receiving state). The receiving state must ensure free movement throughout its territory and provide free media.

Privileges and Immunities.
From the premises of the mission:

• Inviolability of premises, furniture, files, documents, pouch, mail, and transportation. Security forces and armed forces of the receiving state are obliged to respect and protect the missions—even in cases of armed conflict, they cannot enter without the consent of the head of the mission. Violations of this immunity have been observed in other continents.
• Right to use the flag and emblem of the country on local and official cars.
• Exemption from registration or embargo; this extends to real and current accounts of the mission.
• Freedom and inviolability of communications. In Europe, but in other continents, diplomatic pouches are continually intercepted. Inspections by electronic means or technical methods are not permitted.

Personnel from both the head of the mission and members of the diplomatic staff are considered diplomatic agents for the purpose of privileges and immunities, as well as their families (spouse, ancestors, and descendants) throughout the duration of their charges.
Regarding the administrative and technical staff and services, they hold immunities and privileges, but only in the performance of their duties, i.e., during working hours.

They enjoy:

• Personal inviolability and cannot be detained or arrested.
• Inviolability of residence, meaning their homes cannot be registered or seized.
• Immunity from criminal jurisdiction and cannot be sued or convicted, as they are restricted by the courts of their nationality. In the case of a crime in the receiving state, the only action that can be taken is to declare them persona non grata and return them to the sending country for trial.
• Limited civil and administrative immunity.
• Tax immunity or exemption from taxes or fees for official acts, e.g., property tax or customs duties, except for indirect taxes, inheritance, or private investments.

E) Termination.
The classic reason for withdrawing a country’s diplomatic corps is the onset of war between the two states (sending and receiving), purely economic reasons, the disappearance of one of the two states, or by agreement between the parties.

Special Diplomatic Missions. (NO SIGN)

They can also be called extraordinary or temporary.
A special mission, extraordinary or temporary, is similar to a regular mission, but is specific to a particular case; once the matter is resolved, the mission returns to its country of origin.
These are regulated in a separate agreement, the 1969 New York Convention, which has had little acceptance because few states have ratified it, including Spain, which is not a party.
The functions of a special mission differ from those of a regular mission, but in all other issues (establishment, individual members, privileges and immunities, and termination) they are identical. The New York Convention of 1969 guarantees the same rights to ordinary diplomatic missions.

2. The Consuls. The Vienna Convention of April 24, 1963. Functions, classes, members of the consular office, facilities, privileges, and immunities.

Consuls are agents of a state authorized to operate in selected cities in other states (not referring to the sending state, but the issuing state).

The consular institution is much more lively, dynamic, and closer to the citizen for its managerial or bureaucratic functions, rather than the diplomatic institution, which serves a political role.
The consular office can have various names depending on the rank of the head:

• If the head is a consul general, the consular office will be a consulate general.
• If the head is a consul, the consular office will be called a consulate.
• If the head is a vice-consul, the consular office will be a vice-consulate.
• If the head is a consular officer, the consular office will be a consular agency.

All matters relating to consular offices are governed by the Vienna Convention of April 24, 1963, which is widely accepted, with more than 130 members, including Spain, since 1970.

Establishment.

The establishment of a consular post is always based on mutual bilateral agreement between two states (transmitter and receiver), which should contain the location of the consular office and the number of members it will contain. There is talk of the sending state, but the issuing state. For Spain, the decision is made by the Minister of Foreign Affairs, with the intervention of the Minister for Public Administration to organize the staff of the consulate.
Normally, consular offices are opened in major cities or tourist areas outside the capital, where the embassy is usually located, but where many citizens of the issuing state reside, e.g., in Spain or in coastal towns that are very attractive for tourism, such as Barcelona, Seville, and Tenerife.

Functions.

Its functions are numerous (the list is open) but can be condensed into the generic function of assisting nationals of the sending state, which includes:

• Issuing passports and visas.
• Registration and notary functions; notary public for marriages (and celebrations), births, deaths, etc., with the intention of being governed by Spanish law. The enforcement is the formula or process that makes possible the implementation of decisions of foreign courts.
• International judicial cooperation, i.e., judicial communications through its offices.
• Control and incidents of aircraft or ships arriving in the receiving state.
• Accreditation of official languages, etc.

People.

All members of a consular post include:

• Head of the Consular Post: In different categories: consul general, consul, vice-consul, and consular agent in charge of performing consular functions.
  The consul can be career or honorary; there is a clear distinction in naming either, but it is discretionary. Their functions are identical, and they differ in privileges and immunities:
  Career consuls: Consular officials following the career path but are not diplomats and enjoy privileges such as the inviolability of the premises, archives, and documents.
• Honorary Consuls: Do not make a career, are not lawyers, but they do have relevance and are in charge of the consular functions (they are cheaper, which is very important as it justifies the closure of, e.g., the German Consulate in Tenerife); their privileges are lower, and they have no inviolability of premises, files, and documents.
• Consular Officials.
• Administrative Staff.
• Personal Services.

Termination.

Grounds for termination are similar to those of a diplomatic mission: a war between two states, economic reasons, the disappearance of a state, or by agreement between the parties.

3. Representation of States in Their Relations with International Bodies. The Vienna Convention of March 14, 1975.

Multilateral diplomacy is very recent, characterized by the proliferation of international bodies.
It involves a state sending a diplomatic mission to an international organization or an intergovernmental conference, and in the same way, mutual respect is required, as international bodies can also be represented by each of the member states, according to the law of active and passive legation, which grants them international legal personality. Other subjects, such as the PLO, are represented in Spain, or NGOs like the Red Cross and Red Crescent at the UN.
The Vienna Convention of March 14, 1975, is not yet in force because it has not received the necessary ratifications for it to work.
The diplomatic missions of a state to international bodies are permanent, while intergovernmental conferences are for the duration of that conference.
The functions are different: representation, liaison, negotiation, information, and foremost, protecting the interests of the sending state in the international organization.

Operation.

The international organization appoints one of its member states to act as the host state. The host state must accommodate all diplomatic missions sent to international bodies and must find a location to establish them, provide protection, etc.
The principle of mutual agreement does not apply, as international organizations are required to receive diplomatic missions; if one attends, they must accommodate the other member states.

An international organization can produce unilateral acts with restricted powers; for example, it cannot declare war, but it can recognize a member state.
The majority will be imposed on minorities. Resolutions approved by international bodies are unilateral legal acts expressing their individual will, intended to produce certain effects (creation, maintenance, modification, or termination of rights and obligations), that is:

• An act carried out by a subject of international law, based on the principle of good faith.
• They impose an unconditional peremptory norm accepted by all, such as the prohibition of force or the right to self-defense.
• Issued as an option.
• With accuracy of object; it is not worth being abstract.
• Based on a demonstration, not an agreement; the validity depends upon itself, not on other subjects.
• It must produce legal effects that affect third parties (benefit or harm), the birth or loss of a right, which may result in litigation.

18.2. Consequences of Unilateral Action Regarding Its Author. The Principle of Estoppel.

The first consequence of a unilateral act for the author state is to create a particular obligation, not general; the emerging legal effect will bind it in this or that way by its manifestations.

• By the principle of good faith, the rest of the states rely on the word of the state that has made this unilateral act.
• At the beginning of estoppel, no state can go against its own actions. It is a procedural institution of Anglo-Saxon origin, now deployed across the international community. When a state, through its statements, acts, or conduct, willfully causes another state to believe in a certain state of affairs and leads it to act upon altering its legal position, the protesting state may not argue before the latter a different state of affairs. What was said is understood as a state of things present or past, without ambiguity, creating expectations and impacts for the individual who has committed against the protesting state that has altered its position.

The principle of estoppel has three characteristic elements:

1. Primary act carried out by a state.
2. Secondary act or response of another subject of international law to the primary act.
3. Impossibility for the protesting state to manifest in the opposite direction to retract or contradict.

In the case of the Continental Shelf of the North Sea, Germany, Denmark, and Holland were involved in delimiting their maritime jurisdictions.
The continental shelf is an area rich in fishing, and in cases where it is surrounded by several countries, it is distributed using the so-called rule of equidistance, drawing longitudinal lines from coastal boundaries, and fractions are equal.
However, this rule does not apply in special situations, as in the North Sea; if applied, Germany would suffer because, due to its geography, it would receive a very small fraction. Germany opposed the application of the offset, arguing that it was inconvenient, and that it was a rule stemming from the Vienna Convention of 1958, to which it had not subscribed.

This seemed fair, but Denmark and the Netherlands suggested the emergence of estoppel, arguing that it is true that Germany is not a member of the Convention of 1958, but over time, its behavior had repeatedly suggested that it used when it agreed, took their standards, and willingly complied. Without being part of or ratifying, it was morally bound and should not now claim that it was not part of the Convention.

Although the principle of estoppel was invoked, the decision was favorable to Germany, because an article of the Convention stated that if any special conditions arose, they would not apply, since these conditions were joined by Germany, stating that when its costs were too steep, these very special conditions would apply.

In law, venire contra factum proprium non valet, to the detriment of others; is an example of estoppel on res judicata, on which the matter cannot be reopened. While in international law, we find that the Colombian government annulled the acts of its ambassador, stating that Venezuela recognized the sovereignty of the Monk Islands.

Estoppel by Acquiescence: Silence gives consent; if no protest was seen in the dispute over fisheries between Norway and the United Kingdom, where there are twelve miles, customary law accepted, Norway provides its jurisdiction within twenty miles. The United Kingdom protested the most, but as it was known to the adjacent states and the international community, their protest was not successful.

19. Todo

ITEM 19. THE TREATY AS A LEGAL BUSINESS: CELEBRATION AND ENTRY INTO FORCE.

1. Capacity. Bodies. Negotiation.

a. Capacity.

A treaty is the international agreement in writing between subjects of international law.
Capacity is the power to act properly. At the international level, it is sufficient to be an active or passive subject of international legal relations.
The capacity is regulated by the 1969 Vienna Convention, ratified by Spain in 1980, which governs treaties between states and made in writing, which was later joined by international bodies or states or with each other. The Convention will also serve as a reference for other subjects, e.g., a belligerent state.

b. Bodies.

– The ability, under this Convention, the states have, subject only to the fact that they have been described as full, primary, necessary, and independent. The state is a moral and fictitious entity acting through its officials, either a) plenipotentiary with full powers, which do not require proof of plenipotentiary status, such as the head of state, head of government, and minister of foreign affairs.
b) the permanent or special representatives in international media recognized as ambassadors practicing before the country to which they are accredited.
– States diminished in their capacity to act, such as individuals under guardianship or protectorate, cannot use the Convention.
– The micro-delegate to another state are more powerful (this is discretionary).
– In the states of a federal state, the general pattern is that the capacity will correspond to the federal government, e.g., the USA, unless powers are kept as in the case of the Swiss cantons or Canada, which can sign certain economic treaties.
– The regions have no international subjectivity, therefore are unable to conclude international treaties; thus, we see that the statute covers CCAA canaria not. Neither can they be represented as such by international bodies. For the second EC 149.1.3, the state has exclusive competence in the field of international relations. The regional governments may request the commencement of negotiations with certain states and must be informed in matters affecting them as agreed in the international treaty. The regions can be heard at industry conferences internationally and in the Committee of Regions of the EU (on behalf of communities when they have concurrent jurisdiction ceded by the states, before the CCAA and now the EU).
– Other people with some ability to act are the Holy See, atypical, which reaches agreements through its concordats, but not on the Vienna Convention. Peoples struggling for independence have some international legal subjectivity and may sign some agreements, e.g., the PLO Palestinian. Indigenous peoples have the capacity, e.g., the Maori have signed treaties with Britain. De facto belligerents may conclude treaties with other states.
– The international organizations differ from the states. They have the states that want to protect.

c. Negotiation.

The celebration of the international treaty as a legal transaction is the set of acts necessary to give rise to a treaty. There may be different phases, such as empowerment, negotiation, authentication, adoption of the text, expression of consent, and its entry into force.

In its initial phase. The initiative is unique to the government and is not shared with the legislature, nor is it a popular initiative, as among their responsibilities is directing domestic and foreign policy. We see a set of technical operations for diplomatic competent national authorities to appoint their representatives, granting powers to represent, express consent, or perform acts with respect to a treaty. It is not needed because they are plenipotentiaries, the head of state, government, and minister of foreign affairs.

Negotiation positions aim to bring a draft, and for it, counter proposals are made which are discussed. It is for the minister of foreign affairs. As for the form:

• Simple: In the case of a bilateral treaty, usually preceded by direct talks between the foreign ministries of either country, and part of the treaty is adopted or negotiated in advance.
• Complicated: Solemn and formal, if a multilateral treaty, stipulating the consensus of many states, and that usually leads to a conclusion of an intergovernmental conference or conference.

The adoption of the text means that the agreed text is accepted and consented to by all or most of the states participating in its development.
The authentication attests to the veracity of the adopted text, establishing it as authentic and definitive. The signature or authentication heading a non-binding document means that its content at this stage does not defeat the object and purpose of the treaty, acting in good faith.

The manifestation of consent transforms the state into a party. The initiative is typically the executive of each state; the general and the head of state may also intervene if the constitution requires it. Consent may be full or qualified.

Entry into force is the moment the treaty begins its life. In bilateral treaties, this often coincides with consent. In multilateral treaties, it is usually delayed until a certain number of ratifications or accessions are achieved.

2. Forms of Expression of Consent. Simplified and Solemn Forms.

The phase of the event takes place within each state, distinguishing between different forms of simplified and solemn forms, such as the exchange of instruments (each state has its exchange documents and undertake, whenever there is prior agreement), acceptance; approval or accession (this requires an open treaty providing for the expansion of its membership).

Ratification, from the Latin, is the confirmation given to ratify the treaty by the internal organs of the state, giving the contents of the treaty obligation. It is a solemn act and historically the most common. It is from the ratification that one may incur an international wrong.
The agreement is also improved with the ratification of the principal on the agent or representative negotiator, which can be performed with customary practice.

The initiative to ratify the authentic text of the government tends to be exclusive, depending on the constitutional law of each country, which may require authorization or not from the legislature and the signature of the head of state, allowing even that it can reach the CCAA action, since the state may seek the views on certain conventions that affect them. In the case of Spain:

• With prior approval of the CCGG to provide the consent of the state and by organic law, if conferred on an organization or international institution.
• Prior authorization from the CCGG and simple majority in treaties of a political, military nature, affecting the integrity of the state, fundamental rights and duties, involving financial obligations to the treasury, or involving amendment or repeal of any law.
• The government, for other treaties and conventions, only involves the minister of foreign affairs or his representative, while having to report immediately after the conclusion of the same to Congress and the Senate.

Multilateral treaties are usually embodied in a document called the ratification act, which contains the text of the treaty, who has carried out a formal promise to implement it, and who must ratify it.
Ratification is discretionary and is an improvement of the agreement that lengthens the date of entry into force, or will never force the state. This later ratification allows for thorny issues to make a reservation.

3. Treaties in Domestic Law Spanish.

A treaty or international agreement involves the assumption of its signatories to the obligations arising therefrom. Every treaty signed has a legal dimension:
· From the international point of view: It brings a commitment to implement the agreement in relation to other subjects of international law.
· From a national perspective: It implies the acceptance of the domestic effects resulting from the commitment to both public authorities and, eventually, citizens.
The exercise of the power to conclude international treaties is basically the responsibility of the government of the nation. It is the government responsible for preparing, negotiating, and concluding treaties, with the formal expression of consent from the king. The constitution has also provided for the general court’s intervention in the process of concluding treaties, which reinforces the democratic legitimacy of such rules.
Another case involves parliamentary involvement in the provision of state consent to certain treaties that require parliamentary approval, granted by both houses, but does not take the form of law. The treaties that require this consent are:

• Those of a political nature.
• Those of a military character.
• Those that affect the territorial integrity of the state for the fundamental rights and duties established in Title I of the Spanish constitution.
• The financial obligations involving public finances.
• Those involving amendment or repeal of any law, or required by legal means of execution.

The third internal procedure for the conclusion of treaties is one in which the government only should report to the chambers of that conclusion; it is the treaties that are not framed in the category of Articles 93 and 94.1.
Parliamentary intervention should be reduced to the acceptance or rejection of the text agreed by the government as other states or subjects of international law; only exceptionally, and in so far as the treaties themselves allow, can parliamentary intervention be used to enter reservations or declarations in the treaty.
In case of discrepancies between the chambers on whether to grant the permit in accordance with Article 94.1, such discrepancies must be resolved by a joint committee to be transmitted to both houses of the proposal; if the party fails, Congress will resolve the majority of deputies.

Peculiarities of treaties:
They are the product not only of the state board but the consequence of the agreement between the state and one or more subjects of international law, usually other states.
From the international point of view, the treaty is effective from the state ratified by the signature of the head of state; from a domestic perspective, it will have effect from the occurrence of its official publication.
It can cause problems regarding their manner of reception by the legal system:
· Is only its internal publication of the treaty to allow deployment fully effective cargo Spanish physician, both public authorities respect for the individual.
The most complex issue raised regarding the internal efficiency of international treaties and data on their position within the internal system of sources. The treaties are subject to the constitution. This position makes them subject to constitutional control.
The existence of a system of the European community itself poses many problems of articulation slipped national system, generating, at times, conflict between the rules and principles of each other. There are two major principles of informal links between the two systems:

• a) Direct effect principle: it means that many rules of European Union law must be applied by the legal member state without the need for any measure that serves as a mechanism or enforcement.
• b) The principle of primacy: that is summarized in a hypothetical conflict between state law and applies whenever the EU Community. This applies irrespective of the status of the state standard. This occurs particularly in the conflict of fundamental rights.

4. Reservations: Validity Conditions and Effects.

a. Definition and Classes.

A reservation is a formal unilateral declaration of will of a state that will be part of an international treaty, made either at the time of signature, ratification, acceptance, approval, or accession, in order to exclude or modify specific items or content of the treaty, and once explicitly or tacitly accepted by the other or some of the contractors, will form part of the treaty itself. Reservations are based on multilateral treaties; in bilateral treaties, the nuances are resolved in the negotiations.
On the autonomy of reservations, either state will fit, and the acceptance or not of the same, without leaving or not to belong to the treaty; it is logical that if a state allows, at most, which is not to ratify a treaty, it also be allowed at least to exclude a particular clause, based on the desire to participate in multilateral treaties as many states as possible, even with reservations.

Accepted reservations (either implicit or explicit) by the other member states of the treaty become part of it as a mandatory clause. There being no objection, silence can be understood as positive or acceptance, or negative or rejection. For the USA, if there are no objections, the reservation is not accepted. For Latin American countries, silence supports the reservation. And for the CDI, silence is interpreted as admitted if the other state is known.
The reservation may be withdrawn at any time by the state that has made it.

For the scope of their legal effects, we distinguish between:

• Reservations exclusion clauses; of certain items, e.g., if the state wishing to join the treaty is not consistent with one or more clauses, it claims that they do not apply.
• Reservations for interpretation, which do not exclude the application of the clause but qualify it or understand it differently, usually restrictively.

Under the rules established by the treaty:

• Authorized or permitted, making it easier to accede to the treaty for a greater number of states.
• Prohibited, either expressly or tacitly, e.g., if a whole does not support reservations, as in the UN Charter, or if only prohibits some, allowing the rest.

Acceptance of the reservation can be done either:

• Expressly, carried out in writing and communicated to the Depositary of the treaty, which in turn informs each signatory state, which may also make written submissions within a year.
• Tacitly, if reservations were not opposed by allegations or objections from other states within twelve months after their demonstration.

The problem arises when some reservations are acceptable and others are not, creating specific arrangements between reserving and accepting states.

b. Practice Reserves.

The consideration of the rules on the admissibility of reservations formulation has been ordered on the basis that the treaty is intended to allow such a formulation. This distinction is referred to in Article 19 of the Vienna Convention, which enables the formulation of reservations unless prohibited by the treaty, either expressly or impliedly, or incompatible with its object and purpose.
The express prohibition of reservations may be general or limited to derogations from certain provisions or types of reservations.
The prohibition on reservations can also be implied, to the extent that the clause provides that only specified reservations can be made, equivalent to excluding all others.
The prohibited reservation, if made, is ineffective on its own merits. To produce legal effects, it would be essential to express and unanimous consent of the other contractors.
In the case of authorized reservations, their effectiveness may be subject to a unanimous agreement or majority of the contractors, which ultimately acceptance involves submitting a collegial process. If so, the authorized reservation and prohibited reservation are the same thing if the ban can be lifted by a unanimous or majority agreement of the other contractors. But if the treaty is available, the reservation expressly authorized does not require any subsequent acceptance by the other contractors.
The authorization of reservations does not mean that contractors have been stripped of the right to object and are required to pass through all of them; if the treaty does not specify its content, they cannot escape the requirement for compatibility with the object and purpose of the treaty.
Only a post called negotiated reservation assumes that the states would fall apart completely.
A state may make a reservation not covered by the extent not inconsistent with the object and purpose of the treaty. In favor of the expansive nature of the strike extension application criteria, not only to the silence of the treaty but on any subject you cannot find the clause in the treaty applicable to him. We must determine the object and purpose of the treaty and establish the compatibility of the reservation. The situation creates uncertainty that encourages the establishment of institutional mechanisms capable of emitting an objective and impartial trial, and if possible binding reservations on the validity of their compatibility with the object and purpose of a treaty remains controversial. This is the role that more than two decades claim for themselves the monitoring bodies of human rights treaties.

c. Legality and Validity of Reservations.

The freedom of making reservations corresponds to the right of contractors and other persons entitled to become parties to agree or object. The Commission, following the guidelines of the Vienna Convention, has provided a comprehensive notion of the object to define a unilateral statement, however phrased or named, made by a state or an international organization in response to a reservation to a treaty made by another state or international organization, for which the first state or the first organization purports to exclude or modify the legal effect of the reserve, or exclude the application of the treaty as a whole in its relations with the state or organization reserving.
The objection must be expressed and rethought within 12 months from receipt of the notification of the reservation, if the object was contracting on that date or, if it was not, when expressing its consent to be bound by the treaty. Be considered effective the objections raised generally to a particular type of reservations even before the formulation and disregarding those perpetrators.
The acceptance of the reservation, in addition to being expressed in writing, can be implied when it runs out the end of 12 months without contractors making objections; implicitly, when a subject is bound by the treaty without previously made reservations.

The individualistic dynamics inherent within the system of acceptance-objection causes the legal effect of a reservation of the same sign to always be verifiable and only subject to the relations between each of the accepting or objecting states.
In relations between accepting reservations concerning the provisions of the treaty referred to the reservation will be modified to the extent determined by it.
On the relations of this book to pregnant Vienna rules contemplate two possible effects: maximum, if the objecting states unequivocally express the intention of preventing the entry into force of the treaty in their relations with the reserving state; at least, if they do not express such intention, in which case the provisions concerned shall not apply between the two states to the extent of the reservation.

d. Effect of Reservations.

According to the rules of Vienna, the first acceptance or objection to a reservation without opposing the entry into force is of particular importance as they enable contracting to consider reserving and tell the number of those for the entry into force of the treaty. Unless expressly authorized reservation or acceptance is expressed, the author’s position regarding the treaty will be uncertain for a period of 12 months provided in a supplementary.
The Vienna Convention provides for two assumptions for which provide a collegial process of acceptance that is intended to safeguard the unity and integrity of the respective regimes. On the one hand, a reservation requires acceptance by all parties when the limited number of negotiators and the object and purpose of the treaty that full implementation of this has been an essential condition of the consent of each bound. In another case, a reservation requires acceptance by the competent organ of that organization.
Once made, reservations have effects indefinitely unless the agreement provides otherwise.
The need to provide temporary reserves. As recommended by the Council of Europe and has been implemented on certain treaties adopted under its auspices, provident transitional reservation can be renewed or not.
The effects of the withdrawal will occur on each of the other contractors after receiving notification.
The system of withdrawal of objection parallels the withdrawal of reservations; at any time, one can communicate in writing objecting to the revocation of the objection, which will take effect once the corresponding notification has been received by the author of the reservation.
The reserve is one of the institutions of the law of treaties with the most passionate detractors and defenders. The first is accused of inflicting damage to the unity and integrity of the treaty, and the weakening of the authority of the general codification and progressive development of international law. The second claim invokes the virtue of stimulating the universality of the treaty at a good price, according to the reduced overall number of reservations and scope usually marginal and modest.
The independent expert committees established by the convention on human rights sponsored by the United Nations and regional organizations have affirmed their competence to decide on the compatibility of a reservation with the object and purpose of treaties which are the foundation of its existence. It also maintains that the effect of an objection to a reservation should be illegal without reservation, while maintaining the obligation of the author as tratado. The contracting states are committed to setting up an objective system of monitoring by expert committees that have aligned themselves with this solution, considering that the vitiated state of consent to be bound harms the human rights cause. The above method has been challenged by some states that threaten the freedom that lies in a flexible system.
Another way to combat the reservations that are incompatible with the object and purpose of treaties on human rights and have not been timely objected could be opened by invoking the nullity or termination for being in conflict with peremptory norms of international law.

5. Deposit and Registration of Treaties.

The deposit of documents of the treaty or convention is the international practice of designating a single depository, state, international bodies, or qualified international staff, to preserve it and record the original of the treaty, including its provisions, annexes, protocols; centralizing their experiences and applications, receipt of instruments of ratification, accession, reservations, etc.

It can be one of the states involved, usually in the territory of which the treaty was signed (e.g., in the Ministry of Foreign Affairs), an officer, or international bodies qualified internationally (e.g., UN Secretary). Its functions are:

• Archivist and notary functions, such as a notary public: custodian of the original texts sent, as well as other instruments, notifications, and communications. Registration with the Secretariat of the UN. Extending certified copies of the original text.
• Functions of reception, information, and broadcasting, welcoming new member firms that are incorporated. Informing the parties of acts, notifications, communications. Checking that everything done is in accordance with the law, warning of possible irregularities, if ratified with reservations, complaints, time limits, e.g., if a state wants out of a convention, they must notify a year in advance.

Any treaty made by members of the UN is required for registration with the Secretariat of the UN, once it has produced its own entry into force. It aims to ease advertising and knowledge of conventions and treaties to avoid legal uncertainty secrets that produce internationally. (The Commission can monitor the treaties of international law).
If no entry of the treaty occurs, damage may happen, as it will not be registered, and thus cannot be invoked or required at the international level.

States typically have an internal rule that alludes to the obligation of the treaties; e.g., in Spain, a decree orders the Minister of Foreign Affairs to meet the compulsory registration of treaties.

6. Entry into Force and Provisional Application.

The entry into force is the last phase of the process of concluding an international treaty. It is the manner and date in which the availability or states parties agree for the treaty to deploy its mandatory and must be complied with in good faith.
The treaty will enter into force when the parties so wish, expressing their consent and finally achieving a minimum number of ratifications;

• If a bilateral solution is easily and often short periods, even coinciding with the consent.
• If open multilateral, it is more complicated and usually extended in time. The date of signature is usually different from its entry into force, which will not be achieved unless a minimum number of ratifications or accessions are obtained; it will not be so far, a general treaty, but a rule of customary law.

The provisional application of the treaty or part of it, if the treaty itself or states agree, is supposed to apply provisionally pending its entry into force.
The Vienna Convention allows provisional application of the treaty in cases of emergency, but does not allow provisional entry into force. Provisional application shall terminate upon the treaty entering into force or otherwise if the state manifests its intention not to carry out such entry into force.

Spain includes the possibility of provisional application. It will be sent to the GGCC to enter into force provisionally or in part, and shall be published in the BOE, with the intention of carrying out mandatory and provisional.

In Spain, according to art. 96 CE, a treaty enters into force with its publication in the BOE.

There is no provisional application of a treaty that requires the demonstration of the CCGG, either by organic law or by simple majority, since this would constitute a breach of parliamentary control.
But if they are provisional applications, approved by the executive, legislative without intervention, to steer domestic and foreign policy, e.g., a commercial agreement, which applies because of its urgency.

It may happen that a treaty does not come into force but fulfills its function, because for some time it applies, but dies before approval.

4.22

4. Competence. International and State Sovereignty.

The international bodies are international subjects with different skills than the state, and their foundational treaties are not like the constitutions of the law.
It is not possible to generalize the skills, and the international bodies are not all alike, nor do they have the same purpose, so what can be said is that the powers are allocated; they may perform those powers conferred by their founding treaty and by states that are part of the international bodies (while the states are full, innate by virtue of being a state, not conferred by other subjects).

The powers must be seen in each founding charter; e.g., the UN Charter has the soul of a constitution, but its resolutions are not mandatory per se, but may become so if the international community wants to give that character.

The treaty establishing the limitation is not attributable to international bodies, never a prerogative of the state, including powers in relation to nationality.
If possible, the existence of certain shared competence, such as human rights.

The treaty generally includes in its provisions the express powers of international bodies, in addition to the implied powers, all the while not explicitly included, if they are implicitly deduced from the end of the international bodies. The problem arises who will conduct the implicit interpretation of such powers; it must be taken with maximum precautions to avoid excesses.

States do not lose their sovereignty by joining international bodies; the existence of international bodies derives from the states’ will, and thus the international bodies serve the states and not vice versa.

23.2

. Resolution 2625 XXV General Assembly.

It is known as a charter, as it is almost a repeat of the UN Charter. In its seven points, it also respects the Charter and provides or develops in depth the principles of non-interference, peaceful cooperation, and self-determination of peoples.
No interference applies to the states; the charter was only applicable to the UN.
Peaceful cooperation among states irrespective of their differences.
Self-determination of peoples equated with independence or freedom to choose the political future of the peoples.

24. 2 and 3

2. The Security Council: Composition and Voting System, Their Roles in the Peaceful Settlement of Disputes (Chapter VI of the Charter) and the Maintenance of Peace (Chapter VII).

The Security Council is one of the six principal organs of the UN, the central body fully independent, permanent, and enforceable, as it is concerned with the maintenance of international peace and security, and only under Chapter VII of the Charter can apply enforcement actions, ranging from the imposition of economic sanctions to military measures in case of aggression or violation of the peace. (For its permanence, the people at the CS must be established in New York).

It consists of fifteen members:

• Five are permanent: the United States, Russia, Britain, France, and China.
• The other ten members are elected by the General Assembly for periods of two years, which may not be consecutive. These seats are rotated based on geographical origin: five belong to Asia, Africa, and the Middle East; two to Western countries; two to Latin America; and one to Eastern Europe. Each member holds the Council presidency for one month following the alphabetical order of the countries.

Along with the shared powers with the General Assembly, the functions of the Security Council include maintaining peace and international security; investigating any disagreement, threat, or aggression between nations and recommending measures to eliminate them; developing plans for the regulation of armaments; urging members to impose economic sanctions or military orders against an aggressor; sending peacekeepers; taking steps to execute the judgments of the International Court of Justice; and recommending the appointment of the Secretary-General of the Assembly.

To adopt a resolution, nine affirmative votes are required:

• In matters of procedure, nine votes are enough, whether or not they can exercise the right to veto.
• In matters of vital importance, unanimity of the great powers is also required, and a negative vote from any of the permanent five would prevent the adoption of a resolution. This is the right of veto of the great powers, a source of controversy since the early days of the UN, which can convert the Security Council into a dysfunctional body. For this purpose, two mechanisms have been devised: the veto is exercised actively, abstentions are not counted as negative, and if a member has an interest in the issues dealt with, they cannot comment on it.

Chapter VI of the Charter establishes the obligation of peaceful settlement of disputes and situations that threaten international peace and security, prohibiting the use of force, both to states and to international bodies. The Security Council should observe and include the issue on the agenda, calling on the warring parties and injured third parties to hear their views, to investigate the facts, and to ask the parties, through a resolution, for a peaceful settlement of the dispute, or even resolve the conflict itself, without giving the parties the choice of media.

The possible solutions by peaceful means are:

• Negotiating through diplomatic channels to resolve the dispute, putting the parties in agreement on a negotiated solution, with the participation of third states.
• Researching and deepening the examination of the case, carried out by the Security Council or third states.
• Mediation and appointing a neutral third country or person of significant relevance to propose a solution to overcome the friction, but could not impose it.
• Conciliation, trying to reach an agreement between the parties in dispute.
• Arbitration, where the parties refer the dispute to a neutral and impartial arbitrator, whose decision they shall undertake to comply with (this is mandatory).
• Judicial settlement, bringing the dispute to the International Court of Justice, which means accepting its jurisdiction, or before a regional court if it occurs in a particular place.

Chapter VII of the Charter deals with enforcement of interim measures to maintain peace if a solution to the conflict is not achieved by peaceful means. The international community must intervene with measures such as blocking communications, economic blockade, and severance of diplomatic relations, or even the so-called peace enforcement operations with the use of collective military forces, sending land, air, or naval forces to the conflict zone, which are not of the UN, having no army of its own, but the member states under the command of a Military Staff Committee, comprising the chiefs of staff of the permanent members.

3. Distribution of Powers Between the Two Bodies for the Maintenance of Peace. Post-Charter Practice. The Maintenance of Peace and the Current Role of the Security Council.

a. Distribution of Powers Between the Two Bodies for the Maintenance of Peace.
The General Assembly and the Security Council have exclusive competence of each and shared competences between the two.
The UN is not a world government, but an instrument through which nations can cooperate to solve their mutual problems; e.g., it has played a role in the transition of many countries towards self-determination in some conflict areas and has been an important forum in which young independent states have begun to take part in international relations, providing opportunities to represent their interests.

The current role of the UN moves between:

• Peace enforcement missions, sending armed forces to a particular conflict without the use of it, once the same.
• Humanitarian missions to help victims of the conflict.
• It has also served to consider many global problems, e.g., the Human Environment Conference on World Population, the International Year of Women, Human Settlements, the Global Summit for Children, or the Earth Summit on Environment and Development, which was the largest gathering of national leaders in history (Rio de Janeiro in 1992).

b. Practice After the Charter.

In the original wording of the Charter, the Council’s membership was 12 members: five permanent and six non-permanent elected for a period of two years by the General Assembly. But the trend towards universality of the organization identified the need to increase the number of Council members to make it more representative. In 1991, a resolution of the General Assembly amended Article 23 in the sense that the overall composition of the Council was increased to 15 members, with non-permanent membership of 10. The same resolution decided that the election by the Assembly of non-permanent members would take into account the following geographical representation criteria:

• Five African and Asian states.
• One from Eastern Europe.
• Two from the Americas.
• Two from Western Europe and others.

Since 1993, changes have emerged regarding the composition of the Security Council. As adopted by the question of equitable representation on the Security Council and increasing its membership, one of the ideas being considered is granting permanent seats to states with high responsibilities in the organization’s financial support and increasing their ability to contribute effectively to peacekeeping and international security. Germany and Japan respond perfectly to the profile described and would become part of the Security Council under this heading. In parallel, the same condition of permanent members would apply to the most important states of the main geographical regions of the developing countries.
Another idea being considered is to create semi-permanent members.
In both models, the veto would continue as before, founding the permanent members.

The purposes of the United Nations are:

• Maintenance of peace and security.
• Fostering friendly relations among nations.
• Realization of international cooperation in solving international problems of an economic, social, cultural, or humanitarian character.
• Serving as a center for harmonizing the actions of nations to achieve common goals.

c. The Maintenance of Peace and the Current Role of the Security Council.

The profound shock of the international community from World War II determined the drafters of the Charter to preserve future generations from the scourge of war, which has inflicted untold sorrow on mankind twice in our lifetime. The purpose formula intended to unite our strength to maintain international peace and security by ensuring the acceptance of principles and the adoption of methods that do not use armed force but serve the common interest.
The operations of peacekeeping can be characterized as follows:

• Progressive importance of political-diplomatic functions of the Secretary and enhancement of their roles and responsibilities of preventive diplomacy.
• Consensus at least among the great powers, which have agreed not to participate directly in peacekeeping operations.
• Special collaboration of states not directly involved in the conflict or situation that threatens international peace and security, leading the executive action of the United Nations.
• The establishment of an international breakthrough system designed to keep conflict out of the cold war, regardless of the global confrontation between major powers.
• Territorial consent of the state that supports the intervention of the executive action of the United Nations to maintain peace.

In the interest of maintaining international peace and security, the peaceful settlement of disputes between states is a complementary principle to the prohibition of the use and threatened use of force. Both of them are initially opposite sides of the same coin.
The Security Council is the institution with greater powers regarding the settlement of disputes and adjustment of situations. The court may act on its own initiative, the General Assembly, or the Secretary-General.
The General Council may conduct an inquiry or investigation to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. If necessary, the Council may request the parties to the dispute to resolve it by peaceful means mentioned in Article 33, and even recommend the procedures or methods of adjustment that are appropriate, taking into consideration any procedures the parties have adopted, and the understanding that legal disputes should be submitted to the International Court of Justice.