According to the Constitution, the international provisions are incorporated in domestic law, and any rules contrary to these provisions are deemed invalid.

Article 16, paragraph 1(a), of the Convention, concerning the same right to enter into marriage, conflicts with religious directives.

Draft article 5 dealt with the situation where treaties expressly applicable to situations of armed conflict remained operative in case of an armed conflict (para. 1) and the outbreak of an armed conflict did not affect the competence of the parties to the armed conflict to conclude treaties (para.

In draft article 2, paragraph (b), the definition of armed conflict referred simply to a conflict rather than an international conflict .

To them, it appeared that a determination would have to be made as to whether the provisions of a special treaty were consistent with the draft articles, which could give rise to a degree of uncertainty and conflicts of interpretation.

Article 16, paragraph 1(h), conflicts with religious directives, which provide that men are the guardians of women.

Contrary to Simonds, Vöneky argues that treaties aimed at the protection of a common good may continue to apply during armed conflict notwithstanding an incompatibility with the armed conflict.

The United Kingdom of Great Britain and Northern Ireland did not comment on the effect of armed conflict on environmental treaties at all, instead arguing that such treaties would be inapplicable under their terms.

What's hard in our decision making is when these two rules conflict.

Extending the scope of the draft articles to non international conflicts would inevitably raise the question of how such conflicts should be defined and how the other State party to a treaty could ascertain whether or not such a conflict existed.

It was explained that, if the purpose of the conflict of laws provisions was to fill gaps in the draft Convention, draft article 28 would not be necessary, since draft articles 23 and 24 were conflict of laws rules and not substantive law provisions.

The International Covenant on Civil and Political Rights on 21 April 1969

Treaty provisions expressly confirming the applicability of the treaty during armed conflict or war will generally be honoured.

Although the effect of armed conflict on derogable human rights provisions is not as clear as with the non derogable provisions, there is growing acceptance of the proposition that these provisions may also apply during armed conflict.

The application of the preceding provision shall not affect the legal status of the parties to the conflict.

If the draft articles did include a definition of armed conflict, that definition should also cover non international armed conflicts, because such conflicts could also affect the ability of a State to fulfil its treaty obligations.

Using a similar approach, it estimates that 22,500 pelagic birds were lost in its territory.

Moreover, the conditions attached to aid often conflicted with domestic development strategies.

Although it was often difficult to distinguish between international and non international armed conflicts, with the latter by far outnumbering the former, the draft articles should regulate the legal effects of international armed conflicts only, given the fact that, according to draft article 2 (a), treaties were by definition international agreements.

Treaties applicable to situations of armed conflict in accordance with their express provisions are operative in case of an armed conflict, without prejudice to the conclusion of lawful agreements between the parties to the armed conflict involving suspension or waiver of the relevant treaties.

Treaties applicable to situations of armed conflict in accordance with their express provisions are operative in case of an armed conflict, without prejudice to the conclusion of lawful agreements between the parties to the armed conflict involving suspension or waiver of the relevant treaties.

The draft articles belonged not so much to the law on armed conflicts as to the law of treaties.

The draft articles proposed by the Special Rapporteur therefore include the effect on treaties of internal armed conflicts.

As such, the provision takes its place alongside a wide set of provisions in the Vienna Convention and pragmatic techniques of conflict resolution.

The present draft articles are without prejudice to the status of third States as neutrals in relation to an armed conflict.

Most environmental treaties do not contain express provisions on their applicability in case of armed conflict.

The present draft articles are without prejudice to the competence of parties to an armed conflict to regulate the question of the maintenance in force or revival of treaties, suspended or terminated as a result of the armed conflict, on the basis of agreement.

Other provisions include the words even in case of armed conflict see article 44 on facilities for departure.

Paragraph 2 of the draft article established that the relevant intention of the parties to a treaty would be determined in accordance with articles 31 and 32 of the Vienna Convention on the Law of Treaties and the nature and extent of the armed conflict in question.

Similarly, a bilateral treaty on reciprocal inheritance rights could easily prove more resilient than a multilateral extradition treaty which conflicts with national policy of the armed conflict.

Draft article 5, paragraph 2, concerning the competence of States during an armed conflict, did not seem to belong within that article.

(a) Where the violence and strife had not reached the threshold of applicability required by international humanitarian law treaties

77. Furthermore, the provisions of the draft optional protocol should apply to all the parties to a conflict, including non international armed conflicts, because it was precisely in such conflicts that children faced the greatest risks.

The Special Rapporteur recalled that draft article 2 defined the terms treaty and armed conflict in its paragraphs (a) and (b), respectively.

Draft article 5 dealt with the situation in which treaties expressly applicable to armed conflict remained operative in the event of an armed conflict and the outbreak of such a conflict did not affect the competence of the parties to the conflict to conclude treaties.

Because non derogable human rights provisions codify jus cogens norms, the application of non derogable human rights provisions during armed conflict can be considered a corollary of the rule expressed in the previous section that treaty provisions representing jus cogens norms must be honoured notwithstanding the outbreak of armed conflict.

Because non derogable human rights provisions codify jus cogens norms, the application of non derogable human rights provisions during armed conflict can be considered a corollary of the rule expressed in section 4 above that treaty provisions representing jus cogens norms, must be honoured notwithstanding the outbreak of armed conflict.

For that reason, it would be useful to include a definition of armed conflict in the draft articles.

I urge that equivalent structures be created in similar conflict and post conflict situations.

... entering reservations with respect to all such articles as are in conflict with the provisions of Islamic law.

Although the debate continues whether human rights treaties apply to armed conflict, it is well established that non derogable provisions of human rights treaties apply during armed conflict.

Such property may not be used in ways that conflict with the interests of the people (arts. 13 and 14).

Article 3, common to all four Conventions, is the cornerstone for the protection of civilians in internal conflicts and is binding on all parties to a conflict, regardless of their relationship to the State.

It is generally accepted that treaties which are incompatible with armed conflict are suspended during the period of incompatibility.

Thus, waiving the requirement of prior recognition in article 9 would bring that article into conflict with those other articles of the draft Model Provisions.