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The city is home or birthplace to a number of contemporary musicians such as R'n'B singer Craig David, Coldplay drummer Will Champion, former Holloways singer Rob Skipper as well as 1980s popstar Howard Jones. Several rock bands were formed in Southampton, including Band of Skulls, The Delays, Bury Tomorrow, Heart in Hand, Thomas Tantrum (disbanded in 2011) and Kids Can't Fly (disbanded in 2014). James Zabiela, a highly regarded and recognised name in dance music, is also from Southampton.
Local media include the Southern Daily Echo newspaper based in Redbridge and BBC South, which has its regional headquarters in the city centre opposite the civic centre. From there the BBC broadcasts South Today, the local television news bulletin and BBC Radio Solent. The local ITV franchise is Meridian, which has its headquarters in Whiteley, around nine miles (14 km) from the city. Until December 2004, the station's studios were located in the Northam area of the city on land reclaimed from the River Itchen. That's Solent is an local television channel that began broadcasting in November 2014, which will be based in and serve Southampton and Portsmouth.
Southampton also has 2 community FM radio stations, the Queens Award winning Unity 101 Community Radio (www.unity101.org) broadcasting full-time on 101.1 FM since 2006 to the Asian and Ethnic communities, and Voice FM (http://www.voicefmradio.co.uk) located in St Mary's, which has been broadcasting full-time on 103.9 FM since September 2011, playing a wide range of music from Rock to Dance music and Top 40. A third station, Awaaz FM (www.awaazfm.co.uk), is an internet only radio stations also catering for Asian and Ethnic community.
Commercial radio stations broadcasting to the city include The Breeze, previously The Saint and currently broadcasting Hot adult contemporary music, Capital, previously Power FM and Galaxy and broadcasting popular music, Wave 105 and Heart Hampshire, the latter previously Ocean FM and both broadcasting adult contemporary music, and 106 Jack FM (www.jackradio.com), previously The Coast 106. In addition, Southampton University has a radio station called SURGE, broadcasting on AM band as well as through the web.
Southampton is home to Southampton Football Club—nicknamed "The Saints"—who play in the Premier League at St Mary's Stadium, having relocated in 2001 from their 103-year-old former stadium, "The Dell". They reached the top flight of English football (First Division) for the first time in 1966, staying there for eight years. They lifted the FA Cup with a shock victory over Manchester United in 1976, returned to the top flight two years later, and stayed there for 27 years (becoming founder members of the Premier League in 1992) before they were relegated in 2005. The club was promoted back to the Premier League in 2012 following a brief spell in the third-tier and severe financial difficulties. In 2015, "The Saints" finished 7th in the Premier League, their highest league finish in 30 years, after a remarkable season under new manager Ronald Koeman. Their highest league position came in 1984 when they were runners-up in the old First Division. They were also runners-up in the 1979 Football League Cup final and 2003 FA Cup final. Notable former managers include Ted Bates, Lawrie McMenemy, Chris Nicholl, Ian Branfoot and Gordon Strachan. There is a strong rivalry between Portsmouth F.C. ("South Coast derby") which is located only about 30 km (19 mi) away.
The two local Sunday Leagues in the Southampton area are the City of Southampton Sunday Football League and the Southampton and District Sunday Football League.
Hampshire County Cricket Club play close to the city, at the Rose Bowl in West End, after previously playing at the County Cricket Ground and the Antelope Ground, both near the city centre. There is also the Southampton Evening Cricket League.
The city hockey club, Southampton Hockey Club, founded in 1938, is now one of the largest and highly regarded clubs in Hampshire, fielding 7 senior men's and 5 senior ladies teams on a weekly basis along with boys’ and girls’ teams from 6 upwards.
The city is also well provided for in amateur men's and women's rugby with a number of teams in and around the city, the oldest of which is Trojans RFC who were promoted to London South West 2 division in 2008/9. A notable former player is Anthony Allen, who played with Leicester Tigers as a centre. Tottonians are also in London South West division 2 and Southampton RFC are in Hampshire division 1 in 2009/10, alongside Millbrook RFC and Eastleigh RFC. Many of the sides run mini and midi teams from under sevens up to under sixteens for both boys and girls.
The city provides for yachting and water sports, with a number of marinas. From 1977 to 2001 the Whitbread Around the World Yacht Race, which is now known as the Volvo Ocean Race was based in Southampton's Ocean Village marina.
The city also has the Southampton Sports Centre which is the focal point for the public's sporting and outdoor activities and includes an Alpine Centre, theme park and athletics centre which is used by professional athletes. With the addition of 11 other additional leisure venures which are currently operate by the Council leisure executives. However these have been sold the operating rights to "Park Wood Leisure."
Southampton was named "fittest city in the UK" in 2006 by Men's Fitness magazine. The results were based on the incidence of heart disease, the amount of junk food and alcohol consumed, and the level of gym membership. In 2007, it had slipped one place behind London, but was still ranked first when it came to the parks and green spaces available for exercise and the amount of television watched by Sotonians was the lowest in the country. Speedway racing took place at Banister Court Stadium in the pre-war era. It returned in the 1940s after WW2 and the Saints operated until the stadium closed down at the end of 1963. A training track operated in the 1950s in the Hamble area.
Southampton is also home to one of the most successful College American Football teams in the UK, the Southampton Stags, who play at the Wide Lane Sports Facility in Eastleigh.
Southampton's police service is provided by Hampshire Constabulary. The main base of the Southampton operation is a new, eight storey purpose-built building which cost £30 million to construct. The building, located on Southern Road, opened in 2011 and is near to Southampton Central railway station. Previously, the central Southampton operation was located within the west wing of the Civic Centre, however the ageing facilities and the plans of constructing a new museum in the old police station and magistrates court necessitated the move. There are additional police stations at Portswood, Banister Park, Bitterne, and Shirley as well as a British Transport Police station at Southampton Central railway station.
Southampton's fire cover is provided by Hampshire Fire and Rescue Service. There are three fire stations within the city boundaries at St Mary's, Hightown and Redbridge.
According to Hampshire Constabulary figures, Southampton is currently safer than it has ever been before, with dramatic reductions in violent crime year on year for the last three years. Data from the Southampton Safer City Partnership shows there has been a reduction in all crimes in recent years and an increase in crime detection rates. According to government figures Southampton has a higher crime rate than the national average. There is some controversy regarding comparative crime statisitics due to inconsistencies between different police forces recording methodologies. For example, in Hampshire all reported incidents are recorded and all records then retained. However, in neighbouring Dorset crimes reports withdrawn or shown to be false are not recorded, reducing apparent crime figures. In the violence against the person category, the national average is 16.7 per 1000 population while Southampton is 42.4 per 1000 population. In the theft from a vehicle category, the national average is 7.6 per 1000 compared to Southampton's 28.4 per 1000. Overall, for every 1,000 people in the city, 202 crimes are recorded. Hampshire Constabulary's figures for 2009/10 show fewer incidents of recorded crime in Southampton than the previous year.
The city has a strong higher education sector. The University of Southampton and Southampton Solent University together have a student population of over 40,000.
The University of Southampton, which was founded in 1862 and received its Royal Charter as a university in 1952, has over 22,000 students. The university is ranked in the top 100 research universities in the world in the Academic Ranking of World Universities 2010. In 2010, the THES - QS World University Rankings positioned the University of Southampton in the top 80 universities in the world. The university considers itself one of the top 5 research universities in the UK. The university has a global reputation for research into engineering sciences, oceanography, chemistry, cancer sciences, sound and vibration research, computer science and electronics, optoelectronics and textile conservation at the Textile Conservation Centre (which is due to close in October 2009.) It is also home to the National Oceanography Centre, Southampton (NOCS), the focus of Natural Environment Research Council-funded marine research.
Southampton Solent University has 17,000 students and its strengths are in the training, design, consultancy, research and other services undertaken for business and industry. It is also host to the Warsash Maritime Academy, which provides training and certification for the international shipping and off-shore oil industries.
In addition to school sixth forms at St Anne's and King Edward's there are two sixth form colleges: Itchen College and Richard Taunton Sixth Form College. A number of Southampton pupils will travel outside the city, for example to Barton Peveril College. Southampton City College is a further education college serving the city. The college offers a range of vocational courses for school leavers, as well as ESOL programmes and Access courses for adult learners.
Over 40 per cent of school pupils in the city that responded to a survey claimed to have been the victim of bullying. More than 2,000 took part and said that verbal bullying was the most common form, although physical bullying was a close second for boys.
It has been revealed that Southampton has the worst behaved secondary schools within the UK. With suspension rates three times the national average, the suspension rate is approximately 1 in every 14 children, the highest in the country for physical or verbal assaults against staff.
Southampton is a major UK port which has good transport links with the rest of the country. The M27 motorway, linking places along the south coast of England, runs just to the north of the city. The M3 motorway links the city to London and also, via a link to the A34 (part of the European route E05) at Winchester, with the Midlands and North. The M271 motorway is a spur of the M27, linking it with the Western Docks and city centre.
Southampton is also served by the rail network, which is used both by freight services to and from the docks and passenger services as part of the national rail system. The main station in the city is Southampton Central. Rail routes run east towards Portsmouth, north to Winchester, the Midlands and London, and westwards to Bournemouth, Poole, Dorchester, Weymouth, Salisbury, Bristol and Cardiff. The route to London was opened in 1840 by what was to become the London and South Western Railway Company. Both this and its successor the Southern Railway (UK) played a significant role in the creation of the modern port following their purchase and development of the town's docks.
Local train services operate in the central, southern and eastern sections of the city and are operated by South West Trains, with stations at Swaythling, St Denys, Millbrook, Redbridge, Bitterne, Sholing and Woolston. Plans were announced by Hampshire County Council in July 2009 for the introduction of tram-train running from Hythe (on what is now a freight-only line to Fawley) via Totton to Southampton Central Station and on to Fareham via St. Denys, and Swanwick. The proposal follows a failed plan to bring light rail to the Portsmouth and Gosport areas in 2005.
The town was the subject of an attempt by a separate company, the Didcot, Newbury and Southampton Railway, to open another rail route to the North in the 1880s and some building work, including a surviving embankment, was undertaken in the Hill Lane area.
Southampton Airport is a regional airport located in the town of Eastleigh, just north of the city. It offers flights to UK and near European destinations, and is connected to the city by a frequent rail service from Southampton Airport (Parkway) railway station, and by bus services.
Many of the world's largest cruise ships can regularly be seen in Southampton water, including record-breaking vessels from Royal Caribbean and Carnival Corporation & plc. The latter has headquarters in Southampton, with its brands including Princess Cruises, P&O Cruises and Cunard Line.
The city has a particular connection to Cunard Line and their fleet of ships. This was particularly evident on 11 November 2008 when the Cunard liner RMS Queen Elizabeth 2 departed the city for the final time amid a spectacular fireworks display after a full day of celebrations. Cunard ships are regularly launched in the city, for example Queen Victoria was named by HRH The Duchess of Cornwall in December 2007, and the Queen named Queen Elizabeth in the city during October 2011. The Duchess of Cambridge performed the naming ceremony of Royal Princess on 13 June 2013.
At certain times of the year, The Queen Mary 2, Queen Elizabeth and Queen Victoria may all visit Southampton at the same time, in an event commonly called 'Arrival of the Three Queens'.
The importance of Southampton to the cruise industry was indicated by P&O Cruises's 175th anniversary celebrations, which included all seven of the company's liners visiting Southampton in a single day. Adonia, Arcadia, Aurora, Azura, Oceana, Oriana and Ventura all left the city in a procession on 3 July 2012.
While Southampton is no longer the base for any cross-channel ferries, it is the terminus for three internal ferry services, all of which operate from terminals at Town Quay. Two of these, a car ferry service and a fast catamaran passenger ferry service, provide links to East Cowes and Cowes respectively on the Isle of Wight and are operated by Red Funnel. The third ferry is the Hythe Ferry, providing a passenger service to Hythe on the other side of Southampton Water.
Southampton used to be home to a number of ferry services to the continent, with destinations such as San Sebastian, Lisbon, Tangier and Casablanca. A ferry port was built during the 1960s. However, a number of these relocated to Portsmouth and by 1996, there were no longer any car ferries operating from Southampton with the exception of services to the Isle of Wight. The land used for Southampton Ferry Port was sold off and a retail and housing development was built on the site. The Princess Alexandra Dock was converted into a marina. Reception areas for new cars now fill the Eastern Docks where passengers, dry docks and trains used to be.
Buses now provide the majority of local public transport. The main bus operators are First Southampton and Bluestar. Other operators include Brijan Tours, Stagecoach and Xelabus. The other large service provider is the Uni-link bus service (running from early in the morning to midnight), which was commissioned by the University of Southampton to provide transport from the university to the town. Previously run by Enterprise, it is now run by Bluestar. Free buses are provided by City-link'. The City-link runs from the Red Funnel ferry terminal at Town Quay to Central station via WestQuay and is operated by Bluestar. There is also a door-to-door minibus service called Southampton Dial a Ride, for residents who cannot access public transport. This is funded by the council and operated by SCA Support Services.
There are two main termini for bus services. As the biggest operator, First uses stops around Pound Tree Road. This leaves the other terminal of West Quay available for other operators. Uni-link passes West Quay in both directions, and Wilts & Dorset drop passengers off and pick them up there, terminating at a series of bus stands along the road. Certain Bluestar services also do this, while others stop at Bargate and some loop round West Quay, stopping at Hanover Buildings. There was a tram system from 1879 to 1949.
A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an (international) agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law, equally considered treaties and the rules are the same.
Treaties can be loosely compared to contracts: both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law.
A treaty is an official, express written agreement that states use to legally bind themselves. A treaty is the official document which expresses that agreement in words; and it is also the objective outcome of a ceremonial occasion which acknowledges the parties and their defined relationships.
Since the late 19th century, most treaties have followed a fairly consistent format. A treaty typically begins with a preamble describing the contracting parties and their joint objectives in executing the treaty, as well as summarizing any underlying events (such as a war). Modern preambles are sometimes structured as a single very long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a verb (desiring, recognizing, having, and so on).
The contracting parties' full names or sovereign titles are often included in the preamble, along with the full names and titles of their representatives, and a boilerplate clause about how their representatives have communicated (or exchanged) their full powers (i.e., the official documents appointing them to act on behalf of their respective states) and found them in good or proper form.
After the preamble comes numbered articles, which contain the substance of the parties' actual agreement. Each article heading usually encompasses a paragraph. A long treaty may further group articles under chapter headings.
Modern treaties, regardless of subject matter, usually contain articles governing where the final authentic copies of the treaty will be deposited and how any subsequent disputes as to their interpretation will be peacefully resolved.
The end of a treaty, the eschatocol (or closing protocol), is often signaled by a clause like "in witness whereof" or "in faith whereof," the parties have affixed their signatures, followed by the words "DONE at," then the site(s) of the treaty's execution and the date(s) of its execution. The date is typically written in its most formal, longest possible form. For example, the Charter of the United Nations was "DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five." If the treaty is executed in multiple copies in different languages, that fact is always noted, and is followed by a stipulation that the versions in different languages are equally authentic.
The signatures of the parties' representatives follow at the very end. When the text of a treaty is later reprinted, such as in a collection of treaties currently in effect, an editor will often append the dates on which the respective parties ratified the treaty and on which it came into effect for each party.
Bilateral treaties are concluded between two states or entities. It is possible, however, for a bilateral treaty to have more than two parties; consider for instance the bilateral treaties between Switzerland and the European Union (EU) following the Swiss rejection of the European Economic Area agreement. Each of these treaties has seventeen parties. These however are still bilateral, not multilateral, treaties. The parties are divided into two groups, the Swiss ("on the one part") and the EU and its member states ("on the other part"). The treaty establishes rights and obligations between the Swiss and the EU and the member states severally—it does not establish any rights and obligations amongst the EU and its member states.[citation needed]
A multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party. Multilateral treaties are often regional.[citation needed] Treaties of "mutual guarantee" are international compacts, e.g., the Treaty of Locarno which guarantees each signatory against attack from another.
Reservations are essentially caveats to a state's acceptance of a treaty. Reservations are unilateral statements purporting to exclude or to modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification, i.e. "a party cannot add a reservation after it has already joined a treaty".
Originally, international law was unaccepting of treaty reservations, rejecting them unless all parties to the treaty accepted the same reservations. However, in the interest of encouraging the largest number of states to join treaties, a more permissive rule regarding reservations has emerged. While some treaties still expressly forbid any reservations, they are now generally permitted to the extent that they are not inconsistent with the goals and purposes of the treaty.
When a state limits its treaty obligations through reservations, other states party to that treaty have the option to accept those reservations, object to them, or object and oppose them. If the state accepts them (or fails to act at all), both the reserving state and the accepting state are relieved of the reserved legal obligation as concerns their legal obligations to each other (accepting the reservation does not change the accepting state's legal obligations as concerns other parties to the treaty). If the state opposes, the parts of the treaty affected by the reservation drop out completely and no longer create any legal obligations on the reserving and accepting state, again only as concerns each other. Finally, if the state objects and opposes, there are no legal obligations under that treaty between those two state parties whatsoever. The objecting and opposing state essentially refuses to acknowledge the reserving state is a party to the treaty at all.
There are three ways an existing treaty can be amended. First, formal amendment requires State parties to the treaty to go through the ratification process all over again. The re-negotiation of treaty provisions can be long and protracted, and often some parties to the original treaty will not become parties to the amended treaty. When determining the legal obligations of states, one party to the original treaty and one a party to the amended treaty, the states will only be bound by the terms they both agreed upon. Treaties can also be amended informally by the treaty executive council when the changes are only procedural, technical change in customary international law can also amend a treaty, where state behavior evinces a new interpretation of the legal obligations under the treaty. Minor corrections to a treaty may be adopted by a procès-verbal; but a procès-verbal is generally reserved for changes to rectify obvious errors in the text adopted, i.e. where the text adopted does not correctly reflect the intention of the parties adopting it.
In international law and international relations, a protocol is generally a treaty or international agreement that supplements a previous treaty or international agreement. A protocol can amend the previous treaty, or add additional provisions. Parties to the earlier agreement are not required to adopt the protocol. Sometimes this is made clearer by calling it an "optional protocol", especially where many parties to the first agreement do not support the protocol.
Some examples: the United Nations Framework Convention on Climate Change (UNFCCC) established a framework for the development of binding greenhouse gas emission limits, while the Kyoto Protocol contained the specific provisions and regulations later agreed upon.
Treaties may be seen as 'self-executing', in that merely becoming a party puts the treaty and all of its obligations in action. Other treaties may be non-self-executing and require 'implementing legislation'—a change in the domestic law of a state party that will direct or enable it to fulfill treaty obligations. An example of a treaty requiring such legislation would be one mandating local prosecution by a party for particular crimes.
The division between the two is often not clear and is often politicized in disagreements within a government over a treaty, since a non-self-executing treaty cannot be acted on without the proper change in domestic law. If a treaty requires implementing legislation, a state may be in default of its obligations by the failure of its legislature to pass the necessary domestic laws.
The language of treaties, like that of any law or contract, must be interpreted when the wording does not seem clear or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance. The Vienna Convention states that treaties are to be interpreted "in good faith" according to the "ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose." International legal experts also often invoke the 'principle of maximum effectiveness,' which interprets treaty language as having the fullest force and effect possible to establish obligations between the parties.
No one party to a treaty can impose its particular interpretation of the treaty upon the other parties. Consent may be implied, however, if the other parties fail to explicitly disavow that initially unilateral interpretation, particularly if that state has acted upon its view of the treaty without complaint. Consent by all parties to the treaty to a particular interpretation has the legal effect of adding another clause to the treaty – this is commonly called an 'authentic interpretation'.
International tribunals and arbiters are often called upon to resolve substantial disputes over treaty interpretations. To establish the meaning in context, these judicial bodies may review the preparatory work from the negotiation and drafting of the treaty as well as the final, signed treaty itself.
One significant part of treaty making is that signing a treaty implies recognition that the other side is a sovereign state and that the agreement being considered is enforceable under international law. Hence, nations can be very careful about terming an agreement to be a treaty. For example, within the United States, agreements between states are compacts and agreements between states and the federal government or between agencies of the government are memoranda of understanding.
Another situation can occur when one party wishes to create an obligation under international law, but the other party does not. This factor has been at work with respect to discussions between North Korea and the United States over security guarantees and nuclear proliferation.
The terminology can also be confusing because a treaty may and usually is named something other than a treaty, such as a convention, protocol, or simply agreement. Conversely some legal documents such as the Treaty of Waitangi are internationally considered to be documents under domestic law.
Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification. For example, the Single Convention on Narcotic Drugs provides that the treaty will terminate if, as a result of denunciations, the number of parties falls below 40. Many treaties expressly forbid withdrawal. Article 56 of the Vienna Convention on the Law of Treaties provides that where a treaty is silent over whether or not it can be denounced there is a rebuttable presumption that it cannot be unilaterally denounced unless:
The possibility of withdrawal depends on the terms of the treaty and its travaux preparatoire. It has, for example, been held that it is not possible to withdraw from the International Covenant on Civil and Political Rights. When North Korea declared its intention to do this the Secretary-General of the United Nations, acting as registrar, said that original signatories of the ICCPR had not overlooked the possibility of explicitly providing for withdrawal, but rather had deliberately intended not to provide for it. Consequently, withdrawal was not possible.
In practice, because of sovereignty, any state can withdraw from any treaty at any time. The question of whether this is permitted is really a question of how other states will react to the withdrawal; for instance, another state might impose sanctions or go to war over a treaty violation.
If a state party's withdrawal is successful, its obligations under that treaty are considered terminated, and withdrawal by one party from a bilateral treaty of course terminates the treaty. When a state withdraws from a multi-lateral treaty, that treaty will still otherwise remain in force among the other parties, unless, of course, otherwise should or could be interpreted as agreed upon between the remaining states parties to the treaty.[citation needed]
If a party has materially violated or breached its treaty obligations, the other parties may invoke this breach as grounds for temporarily suspending their obligations to that party under the treaty. A material breach may also be invoked as grounds for permanently terminating the treaty itself.
A treaty breach does not automatically suspend or terminate treaty relations, however. It depends on how the other parties regard the breach and how they resolve to respond to it. Sometimes treaties will provide for the seriousness of a breach to be determined by a tribunal or other independent arbiter. An advantage of such an arbiter is that it prevents a party from prematurely and perhaps wrongfully suspending or terminating its own obligations due to another's alleged material breach.
Treaties sometimes include provisions for self-termination, meaning that the treaty is automatically terminated if certain defined conditions are met. Some treaties are intended by the parties to be only temporarily binding and are set to expire on a given date. Other treaties may self-terminate if the treaty is meant to exist only under certain conditions.[citation needed]
A party may claim that a treaty should be terminated, even absent an express provision, if there has been a fundamental change in circumstances. Such a change is sufficient if unforeseen, if it undermined the “essential basis” of consent by a party, if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed. A party cannot base this claim on change brought about by its own breach of the treaty. This claim also cannot be used to invalidate treaties that established or redrew political boundaries.[citation needed]
The Islamic Prophet Muhammad carried out a siege against the Banu Qaynuqa tribe known as the Invasion of Banu Qaynuqa in February 624 Muhammad ordered his followers to attack the Banu Qaynuqa Jews for allegedly breaking the treaty known as the Constitution of Medina by pinning the clothes of a Muslim woman, which led to her being stripped naked As a result, a Muslim killed a Jew in retaliation, and the Jews in turn killed the Muslim man. This escalated to a chain of revenge killings, and enmity grew between Muslims and the Banu Qaynuqa, leading to the siege of their fortress.:122 The tribe eventually surrendered to Muhammad, who initially wanted to kill the members of Banu Qaynuqa but ultimately yielded to Abdullah ibn Ubayy's insistence and agreed to expel the Qaynuqa.
Muhammad also ordered another siege on the Banu Qurayza during the Invasion of Banu Qurayza, because according to Muslim tradition he had been ordered to do so by the angel Gabriel. Al-Waqidi claims Muhammad had a treaty with the tribe which was torn apart. Stillman and Watt deny the authenticity of al-Waqidi. Al-Waqidi has been frequently criticized by Muslim writers, who claim that he is unreliable. 600-900 members of the Banu Qurayza were beheaded after they surrendered (according to Tabari and Ibn Hisham). Another source says all Males and 1 woman beheaded (according to Sunni Hadith). Two Muslims were killed
There are several reasons an otherwise valid and agreed upon treaty may be rejected as a binding international agreement, most of which involve problems created at the formation of the treaty.[citation needed] For example, the serial Japan-Korea treaties of 1905, 1907 and 1910 were protested; and they were confirmed as "already null and void" in the 1965 Treaty on Basic Relations between Japan and the Republic of Korea.
A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic law. States are reluctant to inquire into the internal affairs and processes of other states, and so a "manifest violation" is required such that it would be "objectively evident to any State dealing with the matter". A strong presumption exists internationally that a head of state has acted within his proper authority. It seems that no treaty has ever actually been invalidated on this provision.[citation needed]
Consent is also invalid if it is given by a representative who ignored restrictions he is subject to by his sovereign during the negotiations, if the other parties to the treaty were notified of those restrictions prior to his signing.[citation needed]
According to the preamble in The Law of Treaties, treaties are a source of international law. If an act or lack thereof is condemned under international law, the act will not assume international legality even if approved by internal law. This means that in case of a conflict with domestic law, international law will always prevail.
Articles 46–53 of the Vienna Convention on the Law of Treaties set out the only ways that treaties can be invalidated—considered unenforceable and void under international law. A treaty will be invalidated due to either the circumstances by which a state party joined the treaty, or due to the content of the treaty itself. Invalidation is separate from withdrawal, suspension, or termination (addressed above), which all involve an alteration in the consent of the parties of a previously valid treaty rather than the invalidation of that consent in the first place.
A state's consent may be invalidated if there was an erroneous understanding of a fact or situation at the time of conclusion, which formed the "essential basis" of the state's consent. Consent will not be invalidated if the misunderstanding was due to the state's own conduct, or if the truth should have been evident.
Consent will also be invalidated if it was induced by the fraudulent conduct of another party, or by the direct or indirect "corruption" of its representative by another party to the treaty. Coercion of either a representative, or the state itself through the threat or use of force, if used to obtain the consent of that state to a treaty, will invalidate that consent.
A treaty is null and void if it is in violation of a peremptory norm. These norms, unlike other principles of customary law, are recognized as permitting no violations and so cannot be altered through treaty obligations. These are limited to such universally accepted prohibitions as those against the aggressive use of force, genocide and other crimes against humanity, piracy, hostilities directed at civilian population, racial discrimination and apartheid, slavery and torture, meaning that no state can legally assume an obligation to commit or permit such acts.
The United Nations Charter states that treaties must be registered with the UN to be invoked before it or enforced in its judiciary organ, the International Court of Justice. This was done to prevent the proliferation of secret treaties that occurred in the 19th and 20th century. Section 103 of the Charter also states that its members' obligations under it outweigh any competing obligations under other treaties.
After their adoption, treaties as well as their amendments have to follow the official legal procedures of the United Nations, as applied by the Office of Legal Affairs, including signature, ratification and entry into force.
In function and effectiveness, the UN has been compared to the pre-Constitutional United States Federal government by some[citation needed], giving a comparison between modern treaty law and the historical Articles of Confederation.
The Brazilian federal constitution states that the power to enter into treaties is vested in the president and that such treaties must be approved by Congress (articles 84, clause VIII, and 49, clause I). In practice, this has been interpreted as meaning that the executive branch is free to negotiate and sign a treaty, but its ratification by the president is contingent upon the prior approval of Congress. Additionally, the Federal Supreme Court has ruled that, following ratification and entry into force, a treaty must be incorporated into domestic law by means of a presidential decree published in the federal register in order to be valid in Brazil and applicable by the Brazilian authorities.
The Federal Supreme Court has established that treaties are subject to constitutional review and enjoy the same hierarchical position as ordinary legislation (leis ordinárias, or "ordinary laws", in Portuguese). A more recent ruling by the Supreme Court in 2008 has altered that scheme somewhat, by stating that treaties containing human rights provisions enjoy a status above that of ordinary legislation, though they remain beneath the constitution itself. Additionally, as per the 45th amendment to the constitution, human rights treaties which are approved by Congress by means of a special procedure enjoy the same hierarchical position as a constitutional amendment. The hierarchical position of treaties in relation to domestic legislation is of relevance to the discussion on whether (and how) the latter can abrogate the former and vice versa.
The Brazilian federal constitution does not have a supremacy clause with the same effects as the one on the U.S. constitution, a fact that is of interest to the discussion on the relation between treaties and state legislation.
In the United States, the term "treaty" has a different, more restricted legal sense than exists in international law. United States law distinguishes what it calls treaties from executive agreement, congressional-executive agreements, and sole executive agreements. All four classes are equally treaties under international law; they are distinct only from the perspective of internal American law. The distinctions are primarily concerning their method of approval. Whereas treaties require advice and consent by two-thirds of the Senators present, sole executive agreements may be executed by the President acting alone. Some treaties grant the President the authority to fill in the gaps with executive agreements, rather than additional treaties or protocols. And finally, congressional-executive agreements require majority approval by both the House and the Senate, either before or after the treaty is signed by the President.
Currently, international agreements are executed by executive agreement rather than treaties at a rate of 10:1. Despite the relative ease of executive agreements, the President still often chooses to pursue the formal treaty process over an executive agreement in order to gain congressional support on matters that require the Congress to pass implementing legislation or appropriate funds, and those agreements that impose long-term, complex legal obligations on the United States. For example, the deal by the United States, Iran and other countries is not a Treaty.
The Supreme Court ruled in the Head Money Cases that "treaties" do not have a privileged position over Acts of Congress and can be repealed or modified (for the purposes of U.S. law) by any subsequent Act of Congress, just like with any other regular law. The Supreme Court also ruled in Reid v. Covert that any treaty provision that conflicts with the Constitution are null and void under U.S. law.
In India, the legislation subjects are divided into 3 lists -Union List, State List and Concurrent List . In the normal legislation process, the subjects in Union list can only be legislated upon by central legislative body called Parliament of India, for subjects in state list only respective state legislature can legislate. While for Concurrent subjects, both center and state can make laws. But to implement international treaties, Parliament can legislate on any subject overriding the general division of subject lists.
Treaties formed an important part of European colonization and, in many parts of the world, Europeans attempted to legitimize their sovereignty by signing treaties with indigenous peoples. In most cases these treaties were in extremely disadvantageous terms to the native people, who often did not appreciate the implications of what they were signing.
In some rare cases, such as with Ethiopia and Qing Dynasty China, the local governments were able to use the treaties to at least mitigate the impact of European colonization. This involved learning the intricacies of European diplomatic customs and then using the treaties to prevent a power from overstepping their agreement or by playing different powers against each other.
In other cases, such as New Zealand and Canada, treaties allowed native peoples to maintain a minimum amount of autonomy. In the case of indigenous Australians, unlike with the Māori of New Zealand, no treaty was ever entered into with the indigenous peoples entitling the Europeans to land ownership, under the doctrine of terra nullius (later overturned by Mabo v Queensland, establishing the concept of native title well after colonization was already a fait accompli). Such treaties between colonizers and indigenous peoples are an important part of political discourse in the late 20th and early 21st century, the treaties being discussed have international standing as has been stated in a treaty study by the UN.
Prior to 1871, the government of the United States regularly entered into treaties with Native Americans but the Indian Appropriations Act of March 3, 1871 (ch. 120, 16 Stat. 563) had a rider (25 U.S.C. § 71) attached that effectively ended the President’s treaty making by providing that no Indian nation or tribe shall be acknowledged as an independent nation, tribe, or power with whom the United States may contract by treaty. The federal government continued to provide similar contractual relations with the Indian tribes after 1871 by agreements, statutes, and executive orders.
Josip Broz Tito (Cyrillic: Јосип Броз Тито, pronounced [jǒsip brôːz tîto]; born Josip Broz; 7 May 1892[nb 1] – 4 May 1980) was a Yugoslav revolutionary and statesman, serving in various roles from 1943 until his death in 1980. During World War II he was the leader of the Partisans, often regarded as the most effective resistance movement in occupied Europe. While his presidency has been criticized as authoritarian, and concerns about the repression of political opponents have been raised, Tito was "seen by most as a benevolent dictator" due to his economic and diplomatic policies. He was a popular public figure both in Yugoslavia and abroad. Viewed as a unifying symbol, his internal policies maintained the peaceful coexistence of the nations of the Yugoslav federation. He gained further international attention as the chief leader of the Non-Aligned Movement, working with Jawaharlal Nehru of India, Gamal Abdel Nasser of Egypt and Sukarno of Indonesia.
He was General Secretary (later Chairman of the Presidium) of the League of Communists of Yugoslavia (1939–80), and went on to lead the World War II Yugoslav guerrilla movement, the Partisans (1941–45). After the war, he was the Prime Minister (1944–63), President (later President for Life) (1953–80) of the Socialist Federal Republic of Yugoslavia (SFRY). From 1943 to his death in 1980, he held the rank of Marshal of Yugoslavia, serving as the supreme commander of the Yugoslav military, the Yugoslav People's Army (JNA). With a highly favourable reputation abroad in both Cold War blocs, Josip Broz Tito received some 98 foreign decorations, including the Legion of Honour and the Order of the Bath.
Josip Broz was born to a Croat father and Slovene mother in the village of Kumrovec, Croatia. Drafted into military service, he distinguished himself, becoming the youngest Sergeant Major in the Austro-Hungarian Army of that time. After being seriously wounded and captured by the Imperial Russians during World War I, Josip was sent to a work camp in the Ural Mountains. He participated in the October Revolution, and later joined a Red Guard unit in Omsk. Upon his return home, Broz found himself in the newly established Kingdom of Yugoslavia, where he joined the Communist Party of Yugoslavia (KPJ).
Tito was the chief architect of the second Yugoslavia, a socialist federation that lasted from 1943 to 1991–92. Despite being one of the founders of Cominform, soon he became the first Cominform member to defy Soviet hegemony and the only one to manage to leave Cominform and begin with its own socialist program. Tito was a backer of independent roads to socialism (sometimes referred to as "national communism"). In 1951 he implemented a self-management system that differentiated Yugoslavia from other socialist countries. A turn towards a model of market socialism brought economic expansion in the 1950s and 1960s and a decline during the 1970s. His internal policies included the suppression of nationalist sentiment and the promotion of the "brotherhood and unity" of the six Yugoslav nations. After Tito's death in 1980, tensions between the Yugoslav republics emerged and in 1991 the country disintegrated and went into a series of wars and unrest that lasted the rest of the decade, and which continue to impact most of the former Yugoslav republics. He remains a very controversial figure in the Balkans.
Josip Broz was born on 7 May 1892 in Kumrovec, in the northern Croatian region of Hrvatsko Zagorje in Austria-Hungary.[nb 1] He was the seventh child of Franjo and Marija Broz. His father, Franjo Broz (26 November 1860 – 16 December 1936), was a Croat, while his mother Marija (25 March 1864 – 14 January 1918), was a Slovene. His parents were married on 21 January 1891. After spending part of his childhood years with his maternal grandfather Martin Javeršek in the Slovenian village of Podsreda, he entered primary school in 1900 at Kumrovec, he failed the 2nd grade and graduated in 1905. In 1907 he moved out of the rural environment and started working as a machinist's apprentice in Sisak. There, he became aware of the labour movement and celebrated 1 May – Labour Day for the first time. In 1910, he joined the union of metallurgy workers and at the same time the Social-Democratic Party of Croatia and Slavonia. Between 1911 and 1913, Broz worked for shorter periods in Kamnik (1911–1912, factory "Titan"), Cenkov, Munich and Mannheim, where he worked for the Benz car factory; then he went to Wiener Neustadt, Austria, and worked as a test driver for Daimler.
In the autumn of 1913, he was conscripted into the Austro-Hungarian Army. He was sent to a school for non-commissioned officers and became a sergeant, serving in the 25th Croatian Regiment based in Zagreb. In May 1914, Broz won a silver medal at an army fencing competition in Budapest. At the outbreak of World War I in 1914, he was sent to Ruma, where he was arrested for anti-war propaganda and imprisoned in the Petrovaradin fortress. In January 1915, he was sent to the Eastern Front in Galicia to fight against Russia. He distinguished himself as a capable soldier, becoming the youngest Sergeant Major in the Austro-Hungarian Army. For his bravery in the face of the enemy, he was recommended for the Silver Bravery Medal but was taken prisoner of war before it could be formally presented. On 25 March 1915, while in Bukovina, he was seriously wounded and captured by the Russians.
After 13 months at the hospital, Broz was sent to a work camp in the Ural Mountains where prisoners selected him for their camp leader. In February 1917, revolting workers broke into the prison and freed the prisoners. Broz subsequently joined a Bolshevik group. In April 1917, he was arrested again but managed to escape and participate in the July Days demonstrations in Petrograd (St. Petersburg) on 16–17 July 1917. On his way to Finland, Broz was caught and imprisoned in the Peter and Paul Fortress for three weeks. He was again sent to Kungur, but escaped from the train. He hid with a Russian family in Omsk, Siberia where he met his future wife Pelagija Belousova. After the October Revolution, he joined a Red Guard unit in Omsk. Following a White counteroffensive, he fled to Kirgiziya and subsequently returned to Omsk, where he married Belousova. In the spring of 1918, he joined the Yugoslav section of the Russian Communist Party. By June of the same year, Broz left Omsk to find work and support his family, and was employed as a mechanic near Omsk for a year.
In January 1920, Tito and his wife made a long and difficult journey home to Yugoslavia where he arrived in September. Upon his return, Broz joined the Communist Party of Yugoslavia. The CPY's influence on the political life of the Kingdom of Yugoslavia was growing rapidly. In the 1920 elections the Communists won 59 seats in the parliament and became the third strongest party. Winning numerous local elections, they gained a stronghold in the second largest city of Zagreb, electing Svetozar Delić for mayor. After the assassination of Milorad Drašković, the Yugoslav Minister of the Interior, by a young communist on 2 August 1921, the CPY was declared illegal under the Yugoslav State Security Act of 1921. During 1920 and 1921 all Communist-won mandates were nullified. Broz continued his work underground despite pressure on Communists from the government. As 1921 began he moved to Veliko Trojstvo near Bjelovar and found work as a machinist. In 1925, Broz moved to Kraljevica where he started working at a shipyard. He was elected as a union leader and a year later he led a shipyard strike. He was fired and moved to Belgrade, where he worked in a train coach factory in Smederevska Palanka. He was elected as Workers' Commissary but was fired as soon as his CPY membership was revealed. Broz then moved to Zagreb, where he was appointed secretary of Metal Workers' Union of Croatia. In 1928, he became the Zagreb Branch Secretary of the CPY. In the same year he was arrested, tried in court for his illegal communist activities, and sent to jail. During his five years at Lepoglava prison he met Moša Pijade, who became his ideological mentor. After his release, he lived incognito and assumed numerous noms de guerre, among them "Walter" and "Tito".