Поиск: Рекомендуем: Почему я выбрал профессую экономиста Почему одни успешнее, чем другие Периферийные устройства ЭВМ Нейроглия (или проще глия, глиальные клетки) Категории: Астрономия Биология География Другие языки Интернет Информатика История Культура Литература Логика Математика Медицина Механика Охрана труда Педагогика Политика Право Психология Религия Риторика Социология Спорт Строительство Технология Транспорт Физика Философия Финансы Химия Экология Экономика Электроника	Главная О нас Популярное ТОП Новые страницы Случайная страница Контакты FAQ ЗАКАЗАТЬ РАБОТУ Be (remain) open for signature ⇐ Предыдущая12345678910Следующая ⇒	by (to)	any other state	until entry into force     from 1 December 19__ to 31 May 19__
any of the United Nations specialized agencies
all States Members of the United Nations

Table 4

Ratification

Shall

The instruments of ratification

With

the Secretary-General

of the United Nations.

Table 5

Accession

Table 6

Entry into Force

Shall

Enter into force

Come into force

Table 7

Duration and Termination

Table 8

Denunciation

May

denounce this
(the present)
Convention
(Treaty, etc.)

at any time

by (written) notification

 addressed (communicated)

to the Secretary-General of

the United Nations (to the

Director-General of the Organization).

Table 9

Final Clauses

XXXIII. Speak on the style and composition of treaties and other international compacts.

AGREEMENTS

The term «agreement», like the term «treaty» itself, is used in a number of senses. In a generic sense, it covers any meeting of minds — in this case the minds of two or more international persons. A distinction must always be drawn between agreements intended to have an obligatory character (i. e. the assumption of legal rights and duties) and agreements not intended to have such a character. In a restricted sense, the term «agreement» means an agreement intended to have an obligatory character but usually of a less formal nature than a treaty. Like treaties, agreements in this restricted sense may be concluded between Heads of State, between States or between Governments.

No doubt because of its general and relatively innocuous meaning, «agreement» is the term invariably used to describe understandings intended to have an obligatory character concluded a) between the United Nations and the specialized agencies (including the «relationship agreements» covered by Articles 57 and 63 of the Charter) and (b) between the specialized agencies themselves («inter-agency agreements»).

A term substantially equivalent to «agreement» is «arrangement». The view that an «agreement» implies an undertaking somewhat more definite than an «arrangement» is not believed to be correct. Other terms sometimes used instead of «agreement», though believed to be substantially similar, are:

(a) memorandum of understanding constituting an agreement;

 (b) understanding;

(c) agreed joint statement;

(d) memorandum constituting an agreement;

(e) joint declaration constituting an agreement.

    Sometimes agreements are concluded between a Government Department in one country and a Government Department in another. It depends on the circumstances whether such «interdepartmental agreements» are binding under international law or whether they are merely private law contracts.

Agreements are frequently concluded by exchange of notes, sometimes referred to as «letters». In such cases, the representative of one government sends the representative of another government a note setting forth the arrangements proposed or to be agreed upon. The reply agrees to and frequently repeats the terms of the first note.

A temporary or working arrangement made in order to bridge over some difficulty pending a permanent settlement is usually referred to as modus vivendi. This type of a temporary arrangement is made in a most informal way and does not require ratification. Commercial agreements of a temporary nature have often been entered into in the form of a modus vivendi by the United States as well as Great Britain.

Most agreements of a binding nature follow the same compositional design, with some variation, as treaties and other international compacts. Generally speaking, diplomats divide international agreements into three parts. First, the preamble, which states the overall purpose of the act. The second part embodies the substantive commitments undertaken by the parties and comprises most of the «text». The third part is the «final forms», more or less stereotyped, equivalent to the precautions that governments have been traditionally called to take to guarantee juridical regularity of the negotiation and the qualification of the plenipotentiaries, and the specifications of how the agreement shall be brought into force, how it may be terminated and, sometimes, how it may be amended. This is what is called the «protocolary» or «formal provisions».

EXHIBIT 4

AGREEMENT

CULTURAL AGREEMENT

The Government of (name of country) and the Government of (name of country), desiring to promote better understanding between the peoples of both countries, and to improve the general state of relations between them; both believin g that further expansion of contacts, exchanges, and beneficial fruitful cooperation between them will facilitate the achievement of these aims; taking into account the positive experiences achieved through special agreements on exchanges in the scientific, technical, educational, cultural and other fields,

HAVE AGREED as follows:

Article 1

1. The Parties shall encourage and develop contacts, exchange and cooperation in the fields of science, education, and culture, and in other fields of mutual interest.

2. The contacts, exchange and cooperation are subject to laws and procedures in force in the countries of both Parties. Both Parties shall exert every possible effort to provide favourable conditions for the achievement of this exchange.

Article 2

1. The Parties shall encourage and facilitate the expansion of Contacts, exchange and cooperation in various fields of education.

To this end, both Parties shall:

A. provide for the exchange of students, researchers, and faculty members for study and research; professors and teachers to lecture, teach and conduct researches;

B.  facilitate the exchange by appropriate organizations, of education and teaching materials, including textbooks, syllabi and curricula, materials on methodology, samples of teaching instruments and visual aids.

2. Both Parties shall also encourage the study of each other’s language through the development of the exchange and cooperation mentioned above and through other mutually agreed measures.

Article 3

In order to achieve better mutual acquaintance with the cultural achievements of each country, the Parties shall:

1. encourage the development of exchange in artistic performance such as theatrical, musical and choreographic ensembles, orchestras and entertainment groups and exchange of individuals;

2. facilitate the exchange of exhibitions and museum items;

3. promote mutual visits of artists, writers, and specialists in all academic disciplines, especially when such visits are undertaken for participation in conferences and symposia;

4. render assistance to officials of national and local governments wishing to study the various functions of governmental administration in both countries;

5. encourage visits and exchanges of athletes, athletic teams, teachers and specialists in various sports affairs.

Article 4

In order to implement this Agreement, each of the Contracting Parties shall assign an accredited representative of the Government to prepare periodic programmes for cultural cooperation, and to study the financial, technical and administrative affairs connected with implementation.

Time and place of the working meetings for those representatives will be scheduled through diplomatic channels.

Article 5

1. This Agreement shall enter into force on signature. Either Party may terminate the Agreement by a six month’s written notice to the other Party.

The Agreement may be modified by mutual agreement of both Parties.

2. Nothing in this Agreement shall be construed to prejudice Other agreements concluded between both Parties.

DONE AT... this... day of..., 19__, in duplicate, in the English arid Arabic languages, both texts being equally authentic.

For the Government                                        For the Government of…….

 of……..

(signed)                                                       (signed)

EXHIBIT 5

MEMORANDUM
OF AGREEMENT

MEMORANDUM OF AGREEMENT

Between the United States of America, represented by the Federal Aviation Administration (hereinafter referred to as the FAA), an official Agency of the Government of the United States of America, located in Washington, D. C, and the Central Bank of the Dominican Republic (hereinafter referred to as the Bank) […]

Whereas the FAA is able to furnish directly technical services as specified in this Agreement, and in Annex A,... and

Whereas Section 305 of the Federal Aviation Act, as amended,
authorizes and directs the FAA Administrator to foster and encourage the development of civil aeronautics and air commerce […];

NOW, THEREFORE, the FAA and the Bank mutually agree as follows:

Article 1. Scope of Work

The services to be provided by the FAA are described in detail in Annex A, which forms a part of this Agreement.

Article 2.Estimated Costs and Method of Payment

The Bank will reimburse the FAA for all costs incurred under this Agreement and will provide local support to the FAA in accordance with Article 4 of this Agreement.

Article 3. Commencement of the Services

The FAA undertakes to commence the services no later than forty-five (45) days following the signature of this Agreement by both parties.

Article 4. Liability

The Bank agrees to defend any suit brought against the United States, the FAA, or any instrumentality or officer of the United States arising out of work under this Agreement.

Article 5

The Agreement will be signed in the United States and in the Dominican Republic.

MADE and SIGNED in four (4) original copies, for all effects the same, in English and Spanish, three (3) for The Bank and one (1) for the FAA, in Santo Domingo, Capital of the Dominican Republic, on May____, 19___.

The Central Bank of                                   The United States of America 

the Dominican Republic Department of Transportation

By the Central Bank:                                  The Federal Aviation Administration

…………..                                                    …………..

 (signed)                                                        (signed)

EXHIBIT 6

EXPLANATORY

MEMORANDUM

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