Customs Regime between Germany and Austria (Advisory Opinion) »
Ralf Alleweldt
1 After World War I the victorious nations wanted to limit Germany’s size and power, and, in particular, prevent unification of Austria and Germany (History of International Law, World War I to World War II). Accordingly, Art. 88 Treaty of Peace between the Allied and Associated Powers and Austria of 10 September 1919 (St Germain Peace Treaty [1919]) provided as follows:The independence of Austria is inalienable otherwise than with the consent of the Council of the League of Nations. Consequently, Austria undertakes in the absence of the consent of the said...
Part Two General Provisions, Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons (excerpts) / Acte final de la Conférence de plénipotentiaires des Nations Unies sur le statut des réfugiés et des apatrides (extraits) »
Ralf Alleweldt
From: The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (2nd Edition)
Edited By: Andreas Zimmermann, Terje Einarsen, Franziska M. Herrmann
This chapter looks into the final act of the United Nations Conference of Plenipotentiaries concerning the status of refugees and stateless people. It defines an international conference's final act as a legal document containing a formal summary of its proceedings as well as all the provisions agreed upon during the conference. Moreover, a final act may have legal significance and influence or clarify the interpretation of the treaty under Article 31 of the Vienna Convention on the Law of Treaties' (VCLT). The chapter discusses the short drafting history of the Final Act and the interrelation between the Final act and the other provisions. It also details the obligation of Contracting Parties to the 1951 Convention wherein travel documents should be issued to refugees lawfully staying in the country.
Part Two General Provisions, Preamble to the 1951 Convention »
Ralf Alleweldt
From: The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (2nd Edition)
Edited By: Andreas Zimmermann, Terje Einarsen, Franziska M. Herrmann
This chapter focuses on the Preamble to the 1951 Convention. It explains that the Preamble to a treaty precedes the operative provisions of the treaty. A preamble defines the considerations which have led the contracting parties to conclude it, but it cannot create rights or obligations for either of the parties. Moreover, the Preamble insists that the implementation of the 1951 Convention is not a matter just for the contracting States, since its application is subject to international supervision by the United Nations High Commissioner for Refugees (UNHCR). The chapter then considers the interrelation of the Preamble with other provisions and declarations.
Part Two General Provisions, Preamble to the 1967 Protocol »
Ralf Alleweldt
From: The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e (2nd Edition)
Edited By: Andreas Zimmermann, Terje Einarsen, Franziska M. Herrmann
This chapter examines the Preamble to the 1967 Protocol. It starts with the Preamble's drafting history which involves the proposal to remove the time limitation in the 1951 Convention. The Colloquium introduced the drafting stage, wherein the first two Recitals did not have major changes. However, the United Nations High Commissioner for Refugees (UNHCR) revised Recital 3 and was subsequently submitted to the Executive Committee. The chapter details an analysis of the changes in the Preamble of the 1951 Convention. It mentions how the UNHCR insisted that all refugees should be treated equally regardless of being part of either the new or old refugee groups.
Part One Background, Preamble to the 1967 Protocol »
Ralf Alleweldt
From: The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary
Edited By: Andreas Zimmermann, Felix Machts (Assistant), Jonas Dörschner (Assistant)
Preamble Préambule The States Parties to the present Protocol, Les États parties au présent Protocole, Considering that the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 (hereinafter referred to as the Convention) covers only those persons who have become refugees as a result of events occurring before 1 January 1951, Considérant que la Convention relative au statut des réfugiés signée à Genève le 28 juillet 1951 (ci‐après dénommée la Convention) ne s'applique qu'aux personnes qui sont devenues réfugiés par suite d'événements...