Safeguard clauses

Final clauses

Final clauses

Automatic termination clauses

Issue 4 Exclusive jurisdiction clauses

Conditions for the validity of exclusive jurisdiction clauses

Annex 4 Standard clauses for exploration contract

In terms of another suggestion, both draft articles 17 and 18 could be drafted in the same way, either as without prejudice clauses or as exclusion clauses.

In particular, three types of such clauses had typically been made.

In light of the thrust of the discussions in the Working Group with respect to jurisdiction and choice of court clauses under draft article 76, the view was expressed that exclusive arbitration clauses should be permissible and should be enforced on the same grounds as exclusive choice of court clauses.

There was strong support for the suggestion that the draft instrument should indeed allow for exclusive jurisdiction clauses, particularly if the possibility for the abuse of such clauses was tempered by addition of certain conditions that would have to be fulfilled in order for such clauses to be valid.

First, clear and explicit human rights and democracy clauses should be included, along the lines of similar clauses in the Mexican and Chilean Economic Association treaties with the EU.

Should the draft instrument allow for exclusive jurisdiction clauses?

Should exclusive jurisdiction clauses be enforceable against third parties?

Socio economic impact assessments should include gender assessment clauses.

Other delegations asked that the confidentiality clauses should be retained.

Conclusions reached by the Working Group regarding exclusive jurisdiction clauses

Furthermore, the Convention makes no provision for the registering of reservations on specific clauses.

Some members felt that the proliferation of such clauses was a significant negative phenomenon.

The following are significant issues with regard of exchange of information clauses in tax treaties

The use of these clauses is a widespread practice in some sectors of maritime carriage.

3.1.13 Reservations to treaty clauses concerning dispute settlement or the monitoring of the implementation of the treaty

The Study Group agreed, however, that such clauses might sometimes erode the coherence of the treaty.

See also the Swiss decision concerning the Protocol on Arbitration Clauses Telefunken v N.

With respect to the anachronistic enemy State clauses, I am pleased to note that the leaders resolved in the outcome document (resolution 60 1) to delete these obsolete clauses from the Charter at the earliest opportunity.

Many of those who were insured discovered that clauses in their policies barred them from collecting full benefits.

States shall not invoke derogation clauses to justify taking hostages or to impose collective punishments.

Disproportionate exercise of police powers

Noting the increasing voluntary use of collective action clauses in sovereign bond contracts by both developing and developed countries,

The new bonds, other than those governed by Argentine law, will include Collective Action Clauses (CACs).

Express consent to exercise of jurisdiction

This right arises from what are now known as clauses 36, 38, 39, and 40 of the 1215 Magna Carta.

In particular, it is high time to eliminate the anachronistic enemy clauses in Articles 53 and 107 of the Charter.

The time has come for the enemy State clauses in the United Nations Charter to be removed.

You should exercise.

exercise preventive approach.

Exercise of rights recognized in the Covenant

9.3 Exercise of women's rights in practice

The remaining final clauses have been prepared by the Secretariat upon the request by the Ad Hoc Committee.

For example, embedding sunset clauses in the governance structures of publicly funded international institutions would ensure regular reviews of organizational performance and purpose.

The final clauses are based on articles 27, 28 and 29 of the Convention on the Safety of United Nations and Associated Personnel.

A note of caution was raised regarding the possibility of overstating the importance of including or excluding exclusive jurisdiction clauses in the draft instrument.

The Committee is right in the implication that, in cases involving such clawback clauses as those contained in articles 12, 18, 19, 21 and 22, it is necessary to take into account the context in which the restrictions contemplated by those clauses are applied.

24 Collective Action Clauses included in bond or loan contracts would prevent a minority of creditors from blocking negotiations with the debtor.

Russian Military Exercise 2010.