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Certain Features of the final act on the Helsinski are reminiscent,in form and content.of genuine conventions.For example,the provisions which envisage certain  concrete measures are hardly distinguishale from similar ones of international conventions or other legal instruments.
.Such are for example ,the aforementioned arrangements for the holding of further meetings,or the arrangement,that the text of the Final Act should be made public by all participating states, which should disseminate it and make it widely known.
The implementaion of these arrangements calls for new legal agrements.
That the document signed in Helsinski is not a convention does not find expression either in the title or necessarily in the text.
The precise terminology, the lengthy multilateral consultrations preceding the signing,as well as the structure of the document(preamble,operative provisions and final clauses) are all much as is customary in the case of  conventions.At the signing a reservation was also expressed in the manner usual in the case of treaty obligations
Orientation is made difficult by the absence of a rule of international  law on the description or classification of resolutions adopted at international confereces.
Jurists therefore seek analogies,comparing instruments for example,to documents and resolution of similar international conferences.
The evolution of customary rules for international conferences is also relevant here…
thus rules arise in practice govering the comptence of conferences to determine their own procedure,to address recommendations to states an so on..
An international treaty is not only an instrument explicitly  so nemed,agreements of the most diverse designations even declarations and chartes,if they have such an effect can be described as such,
The closing declarations of many multilateral conferences are agreements under international law as pointed out by Manfrid  Lachs the Polish international lawyer in a work published in 1958.
He includes in this category also the closing  act of the 1815 Congress of Vienna,although it was a mixture of many heterogeneous documents.


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This entry was posted on April 30, 2011 by in Uncategorized.
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