Negociaciones juridicas

LAS NEGOCIACIONES JURÍDICAS INTERNACIONALES
Son relaciones entre estados que producen una norma jurídica, general, particular o la derogan, las principales son congresos y conferencias,declaraciones, renuncias, protestas y tratados.
Congresos y conferencias. Los congresos se orientan a materias técnicas con carácter privado no oficial. Las conferencias son reuniones formales de representantesautorizados para discutir materias internacionales de interés común.

Declaraciones. Tiene cuatro acepciones: la parte declarativa de un tratado llamada proemio; la manifestación de política quepiensa seguir una nación; tratados indebidamente llamados declaraciones; la manifestación unilateral que produce efectos jurídicos.

Renuncias. Abandono voluntario de un derecho o expectativa dederecho cuando son susceptibles de renuncia, produce normas jurídicas en beneficio de otras naciones.

Protestas. Declaración de voluntad de un estado en que no se reconoce legítima una conducta que otroestado planea realizar y lesiona los intereses jurídicos del que protesta.
Los tratados son la manifestación objetiva de la relación de los miembros de la comunidad internacional. Son elementos delos tratados: La capacidad, consentimiento, objeto y causa.

Negociación y conclusión de los tratados.

La ratificación de los pactos internacionales. Es un término que deriva del derecho privado ysignifica confirmación, es un acto complejo.
Accesión y adhesión. Similares a la ratificación de los tratados la accesión y la adhesión.
Reservas a los tratados. Un estado puede desear no quedarobligado por una disposición y formula una reserva, quedando fuera del tratado las disposiciones reservadas.

Interpretación de los tratados
A) Todos los tratados deben ser interpretados de acuerdocon su sentido razonable, en contradicción a su sentido literal.

B) Los términos empleados deben emplearse de acuerdo con su sentido usual, en el lenguaje ordinario.

C) Se debe suponer que…

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