A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may be known as an agreement, covenant, pact, or exchange of letters, among other terms. Regardless of terminology, all of these forms of agreements are, under international law considered treaties and the rules are the same. Treaties can be loosely compared to contracts: both are examples of willing parties assuming obligations among themselves, any party 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 bind themselves. A treaty is the official document. Since the late 19th century, most treaties have followed a consistent format. A treaty begins with a preamble describing the High Contracting Parties and their shared objectives in executing the treaty, as well as summarizing any underlying events. Modern preambles are sometimes structured as a single long sentence formatted into multiple paragraphs for readability, in which each of the paragraphs begins with a gerund.
The High Contracting Parties. His Majesty The King of X or His Excellency The President of Y, or alternatively in the form of "Government of Z". However, under the Vienna Convention on the Law of Treaties if the representative is the head of state, head of government or minister of foreign affairs, no special document is needed, as holding such high office is sufficient; the end of the preamble and the start of the actual agreement is signaled by the words "have agreed as follows". After the preamble comes numbered articles, which contain the substance of the parties' actual agreement; each article heading encompasses a paragraph. A long treaty may further group articles under chapter headings. Modern treaties, regardless of subject matter 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, is signaled by a clause like "in witness whereof" or "in faith whereof", the parties have affixed their signatures, followed by the words "DONE at" the site of the treaty's execution and the date of its execution.
The date is 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, is followed by a stipulation that the versions in different languages are authentic; the signatures of the parties' representatives follow at the end. When the text of a treaty is reprinted, such as in a collection of treaties in effect, an editor will 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 entities, it is possible, for a bilateral treaty to have more than two parties. Each of these treaties has seventeen parties; these however are still bilateral, not multilateral, treaties. The parties are divided into the Swiss and the EU and its member states; 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.
A multilateral treaty is concluded among several countries. The agreement establishes obligations between each party and every other party. Multilateral treaties are regional. Treaties of "mutual guarantee" are international compacts, e.g. the Treaty of Locarno which guarantees each signatory against attack from another. Reservations are 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 joined a treaty". Article 19 of Vienna Convention on the law of Treaties in 1969. 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 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 par
Constitution of the Dominican Republic
The Dominican Republic has gone through 39 constitutions, more than any other country, since its independence in 1844. This statistic is a somewhat deceiving indicator of political stability, because of the Dominican practice of promulgating a new constitution whenever an amendment was ratified. Although technically different from each other in some particular provisions, most new constitutions contained in reality only minor modifications of those in effect. Sweeping constitutional innovations were relatively rare; the large number of constitutions does, reflect a basic lack of consensus on the rules that should govern the national political life. Most Dominican governments felt compelled upon taking office to write new constitutions that changed the rules to fit their own wishes. Not only did successive governments strenuously disagree with the policies and the programs of their predecessors, but they rejected the institutional framework within which their predecessors had operated. Constitutionalism—loyalty to a stable set of governing principles and laws rather than to the person who promulgates them—became a matter of overriding importance in the Dominican Republic only after the death of Rafael Trujillo.
Dominicans had agreed that government should be representative and vaguely democratic, that there should be civil and political rights, separation of powers, checks and balances. Beyond that, consensus broke down; the country had been alternately dominated throughout its history by two constitutional traditions, one democratic and the other authoritarian. Were there attempts to bridge the gap between these diametric opposites; the current Constitution was promulgated on June 13, 2015. The first Dominican constitution was promulgated on November 6, 1844 after the nation achieved independence from Haiti, it was a liberal document with many familiar elements—separation of powers and balances, a long list of basic rights. However, an authoritarian government replaced the country's liberal, democratic government during its first year; the new regime proceeded to write its own constitution. This second constitution strengthened the executive, weakened the legislative and the judicial branches, gave the president widespread emergency powers, including the power to suspend basic rights and to rule by decree.
Thereafter, governance of the country alternated between liberal and authoritarian constitutional systems. The dictator Rafael Trujillo always took care to operate under the banner of constitutionalism. Under Trujillo, the legislature was a rubber stamp, he governed as unfettered by constitutional restrictions. After Trujillo's death in 1961, the constitution was amended to provide for new elections and to allow the transfer of power to an interim Council of State. Although promulgated as a new document, the 1962 constitution was a continuation of the Trujillo constitution, it was thus unpopular. In 1964, Juan Bosch's elected, social-democratic government drafted a new and far more liberal constitution, it separated church and state, put severe limits on the political activities of the armed forces, established a wide range of civil liberties, restricted the rights of property relative to individual rights. These provisions frightened the more conservative elements in Dominican society, which banded together to oust Bosch and his constitution in September 1963.
Subsequently, the more conservative 1962 constitution was restored. In the name of constitutionalism and his followers launched a revolution in 1965, the objective of, restoration of the liberal 1963 constitution; as a result of the United States military intervention of April 1965, the civil war had died down by 1966. With Joaquín Balaguer and his party in control, the Dominicans wrote still another constitution; this one was intended to avert the conflicts and polarization of the past by combining features from both the liberal and the conservative traditions. The 1966 Constitution incorporated a long list of basic rights, it provided for a strengthened legislature. In this way, the country sought to bridge the gap between its democratic and its authoritarian constitutions, by compromising their differences. Constitutions were enacted in 1994 and 2002. President Leonel Fernández ordered for a new constitution to be drafted; the constitution has faced notable criticism, both abroad and at home, with opponents referring to it as an "injustice" and as "step backwards" for ensuring of human rights in the country towards women and homosexuals.
A ban on same-sex marriage and abortion was included at the behest of the Roman Catholic Church and Evangelical Christians. As a result, the Dominican Republic has become the sixth jurisdiction in the world with a complete ban on abortion; until 2011, a public holiday was held to commemorate Constitution Day on November 6. Since it has been held on the closest Monday to that date, in order to ensure a three-day weekend. Constitution Constitutional law Constitutional economics Constitutionalism 2015 Constitution in English 2015 Constitution in Spanish 2010 Constitution in English 1994 Constitution 2002 Constitution
A convention is a set of agreed, stipulated, or accepted standards, social norms, or criteria taking the form of a custom. Certain types of rules or customs may become law and regulatory legislation may be introduced to formalize or enforce the convention. In a social context, a convention may retain the character of an "unwritten law" of custom. In physical sciences, numerical values are called conventional if they do not represent a measured property of nature, but originate in a convention, for example an average of many measurements, agreed between the scientists working with these values. A convention is a selection from among two or more alternatives, where the rule or alternative is agreed upon among participants; the word refers to unwritten customs shared throughout a community. For instance, it is conventional in many societies; some conventions are explicitly legislated. The standardization of time is a human convention based on calendar; the extent to which justice is conventional is an important debate among philosophers.
The nature of conventions has raised long-lasting philosophical discussion. Quine and David Lewis published influential writings on the subject. Lewis's account of convention received an extended critique in Margaret Gilbert's On Social Facts, where an alternative account is offered. Another view of convention comes from Ruth Millikan's Language: A Biological Model, once more against Lewis. According to David Kalupahana, The Buddha described conventions—whether linguistic, political, ethical, or religious—as arising dependent on specific conditions. According to his paradigm, when conventions are considered absolute realities, they contribute to dogmatism, which in turn leads to conflict; this does not mean that conventions should be ignored as unreal and therefore useless. Instead, according to Buddhist thought, a wise person adopts a middle way without holding conventions to be ultimate or ignoring them when they are fruitful. In sociology a social rule refers to any social convention adhered to in a society.
These rules are not otherwise formalized. In social constructionism there is a great focus on social rules, it is argued that these rules are constructed, that these rules act upon every member of a society, but at the same time, are re-produced by the individuals. Sociologists representing symbolic interactionism argue that social rules are created through the interaction between the members of a society; the focus on active interaction highlights shifting character of social rules. These are specific to a context that varies through time and place; that means a social rule changes over time within the same society. What was acceptable in the past may no longer be the case. Rules differ across space: what is acceptable in one society may not be so in another. Social rules reflect what is normal behaviour in any situation. Michel Foucault's concept of discourse is related to social rules as it offers a possible explanation how these rules are shaped and change, it is the social rules. Thus, social rules tell a woman how to behave in a womanly manner, a man, how to be manly.
Other such rules are as follows: Strangers being introduced shake hands, as in Western societies, but Bow toward each other, in Korea and China Do not bow at each other, in the Jewish tradition In the United States, eye contact, a nod of the head toward each other, a smile, with no bowing. Present business cards to each other, in business meetings Click heels together, in past eras of Western history A woman's curtsey, in some societies In the Middle East, never displaying the sole of the foot toward another, as this would be seen as a grave insult. In many schools, though seats for students are not assigned they are still "claimed" by certain students, sitting in someone else's seat is considered an insult In government, convention is a set of unwritten rules that participants in the government must follow; these rules can be ignored only if justification can be provided. Otherwise, consequences follow. Consequences may include ignoring some other convention. According to the traditional doctrine, conventions cannot be enforced in courts, because they are non-legal sets of rules.
Convention is important in the Westminster System of government, where many of the rules are unwritten. The term "convention" is used in international law to refer to certain formal statements of principle such as the Convention on the Rights of the Child. Conventions are adopted by international bodies such as the International Labour Organization and the United Nations. Conventions so adopted apply only to countries that ratify them, do not automatically apply to member states of such bodies; these conventions are seen as having the force of international treaties for the ratifying countries. The best known of these are the several Geneva Conventions. De facto standard Etiquette Standard
In jurisdictions following the English common law system, equity is the body of law, developed in the English Court of Chancery and, now administered concurrently with the common law. For much of its history, the English common law was principally developed and administered in the central royal courts: the Court of King's Bench, the Court of Common Pleas, the Exchequer. Equity was the name given to the law, administered in the Court of Chancery; the Judicature Reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation. The reforms did not effect any substantive fusion, however. Judicial or academic reasoning which assumes the contrary has been described as a "fusion fallacy". Jurisdictions which have inherited the common law system differ in their current treatment of equity. Over the course of the twentieth century some common law systems began to place less emphasis on the historical or institutional origin of substantive legal rules. In England, New Zealand, Canada, equity remains a distinct body of law.
Modern equity includes, among other things: The law relating to express and constructive trusts. The latter part of the twentieth century saw increased debate over the utility of treating equity as a separate body of law; these debates were labelled the "fusion wars". A particular flashpoint in this debate centred on the concept of unjust enrichment and whether areas of law traditionally regarded as equitable could be rationalised as part of a single body of law known as the law of unjust enrichment. After the Norman Conquest of England in the 11th century, royal justice came to be administered in three central courts: the Court of King's Bench, the Court of Common Pleas, the Exchequer; the common law developed in these royal courts. To commence litigation in these royal courts, it was necessary to fit one's claim within a form of action; the plaintiff would purchase a writ in the Chancery, the head of, the Lord Chancellor. If the law provided no remedy, litigants could sometimes appeal directly to the King.
The King would delegate resolution of these petitions to the King's Council. These petitions were delegated to the Lord Chancellor himself. In the early history of the United States, common law was viewed as a birthright. Both the individual states and the federal government supported common law after the American Revolution. U. S. courts draw on decisions of English courts, individual state courts, federal courts in formulating common law. By the 14th century it appears that Chancery was operating as a court, affording remedies for which the strict procedures of the common law worked injustice or provided no remedy to a deserving plaintiff. Chancellors had theological and clerical training and were well versed in Roman law and canon law. By the 15th century the judicial power of Chancery was recognised. Equity, as a body of rules, varied from Chancellor until the end of the 16th century. After the end of the 17th century, only lawyers were appointed to the office of Chancellor. Over time, Equity developed a system of precedent much like its common-law cousin.
One area in which the Court of Chancery assumed a vital role was the enforcement of uses, a role that the rigid framework of land law could not accommodate. This role gave rise to the basic distinction between equitable interests, it was early provided that, in seeking to remove one who wrongfully entered another's land with force and arms, a person could allege disseisin and demand a writ of entry. That writ gave him the written right to re-enter his own land and established this right under the protection of the Crown if need be, whence its value. In 1253, to prevent judges from inventing new writs, Parliament provided that the power to issue writs would thereafter be transferred to judges only one writ at a time, in a "writ for right" package known as a form of action. However, because it was limited to enumerated writs for enumerated rights and wrongs, the writ system sometimes produced unjust results, thus though the King's Bench might have jurisdiction over a case and might have the power to issue the perfect writ, the plaintiff might still not have a case if there was not a single form of action combining them.
Therefore, lacking a legal remedy, the plaintiff's only option would be petitioning the King. People began petitioning the King for relief against unfair judgments, as the number of petitioners grew, so the King delegated the task of hearing petitions to the Lord Chancellor; as the early Chancellors lacked formal legal training and showed little regard for precedent, their decisions were widely diverse. In 1529, a lawyer, Sir Thomas More, was appointed as Chancellor. After this time, all future Chancellors were lawyers. Beginning around 1557, records of proceedings in the Courts of Chancery were kept and several equitable doctrines developed. Criticisms continued, the most famous being 17th-century jurist John Selden's aphorism:Equity is a roguish thing: for law we have a measure, know what to trust to. One Chancellor has a long foot, another a short foot, a third an indifferent foot:'tis the same thing in a Chancellor's conscience. A criticis
Vice President of the Dominican Republic
The Vice President is the first person in the presidential line of succession, ascending to the Presidency upon the death, resignation, or removal of the President. There have been thirty-nine Vice Presidents of the Dominican Republic. Under the Constitution of the Dominican Republic, the Vice President shall be elected along with the President. Since the independence of the Dominican Republic in 1844 until 1865, what is considered the First Republic, there were no constitutional Vice Presidents. Yet, during that time there were acting Vice Presidents. After the inception of the Dominican Republic, the country was run by a Central Governing Junta led by Pedro Santana; as such, there was no need for a Vice President at the time. Yet, it is believed that the first Vice President of the Republic was Felipe Benicio Alfau Bustamante, elected as Acting Vice President by Pedro Santana; this was spurred because Santana was invited to go abroad yet the Republic had to be seen to in his absence. The Constitution of the Dominican Republic has been amended many times, in some instances the office of the Vice President had been eliminated to be recreated.
In times when the office was eliminated, if the President was leaving the country, an acting President was designated, therefore creating the post of a second in command. For example the 30th President of the Dominican Republic, Carlos Felipe Morales, elected Ramón Cáceres to be his Vice President from 1903 until 1905. From 1905–1911, the previous Vice President Ramón Cáceres is elected as President and the office of the Vice President is eliminated during that time span. During the 31 year dictatorship of Rafael Trujillo, the office of the Vice President was eliminated or vacated on several occasions. Since 1966, considered the beginning of the 4th Republic, the office of the Vice President of the Dominican Republic has been a permanent post; the Vice President has to be elected along with the President, not appointed by the latter. List of current Vice Presidents
Margarita Cedeño de Fernández
Margarita María Cedeño Lizardo known as Margarita Cedeño de Fernández, is the current Vice-President of the Dominican Republic. She is married to former President Leonel Fernández and during his tenure she was the First Lady. Cedeño was born on 1 May 1965 in Santo Domingo to Luis Emilio Cedeño Matos and Angela Margarita Lizardo Olivares, she worked with local law firms in the Dominican Republic, among which the law firm of Doctor Abel Rodríguez del Orbe and Fernández y Asociados, where she is an associate member. During the years 1996–2000, she assisted as legal counselor to the President nominated as Sub-secretary of State. Besides being ad honorem counselor and director of the Legal and Investment Environment Management of the Office for the Promotion of Foreign Investment of the Dominican Republic, she has a Doctorate in Law from the Autonomous University of Santo Domingo and a Masters in Economic Legislation from the Pontificia Universidad Católica Madre y Maestra. She has participated in courses and seminars at Georgetown and Harvard University in the United States and Geneva University in Switzerland.
On 16 October 2009, Margarita Cedeño de Fernández was named Goodwill Ambassador of the Food and Agriculture Organization of the United Nations. When she was the First Lady and her staff coordinate social policies for her husband's administration, generating programs of health and education for children, young people, single mothers and the family, in general, as a key element in society. On April 10, 2011 in a meeting of the Central Committee of the Dominican Liberation Party, she registered her pre-candidature for the 2012 presidential elections, she was elected Vice President to Danilo Medina on 20 May 2012. She became the second woman to serve as Vice-President after Milagros Ortiz Bosch was elected under former President Hipólito Mejía in 2000–2004. French biography
The Dominican Republic is a country located in the island of Hispaniola, in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with the nation of Haiti, making Hispaniola one of two Caribbean islands, along with Saint Martin, that are shared by two sovereign states; the Dominican Republic is the second-largest Caribbean nation by area at 48,671 square kilometers, third by population with 10 million people, of which three million live in the metropolitan area of Santo Domingo, the capital city. Christopher Columbus landed on the island on December 5, 1492, which the native Taíno people had inhabited since the 7th century; the colony of Santo Domingo became the site of the first permanent European settlement in the Americas, the oldest continuously inhabited city, the first seat of the Spanish colonial rule in the New World. After more than three hundred years of Spanish rule the Dominican people declared independence in November 1821.
The leader of the independence movement José Núñez de Cáceres, intended the Dominican nation to unite with the country of Gran Colombia, but no longer under Spain's custody the newly independent Dominicans were forcefully annexed by Haiti in February 1822. Independence came 22 years after victory in the Dominican War of Independence in 1844. Over the next 72 years the Dominican Republic experienced internal conflicts and a brief return to colonial status before permanently ousting Spanish rule during the Dominican War of Restoration of 1863–1865. A United States occupation lasted eight years between 1916 and 1924, a subsequent calm and prosperous six-year period under Horacio Vásquez was followed by the dictatorship of Rafael Leónidas Trujillo until 1961. A civil war in 1965, the country's last, was ended by U. S. military occupation and was followed by the authoritarian rule of Joaquín Balaguer, the rules of Antonio Guzmán & Salvador Jorge Blanco. Since 1996, the Dominican Republic has moved toward representative democracy and has been led by Leonel Fernández for most of the time since 1996.
Danilo Medina, the Dominican Republic's current president, succeeded Fernandez in 2012, winning 51% of the electoral vote over his opponent ex-president Hipólito Mejía. The Dominican Republic has the ninth-largest economy in Latin America and is the largest economy in the Caribbean and Central American region. Over the last two decades, the Dominican Republic has had one of the fastest-growing economies in the Americas – with an average real GDP growth rate of 5.4% between 1992 and 2014. GDP growth in 2014 and 2015 reached 7.3 and 7.0% the highest in the Western Hemisphere. In the first half of 2016 the Dominican economy grew 7.4% continuing its trend of rapid economic growth. Recent growth has been driven by construction, manufacturing and mining; the country is the site of the second largest gold mine in the Pueblo Viejo mine. Private consumption has been strong, as a result of low inflation, job creation, as well as a high level of remittances; the Dominican Republic is the most visited destination in the Caribbean.
The year-round golf courses are major attractions. A geographically diverse nation, the Dominican Republic is home to both the Caribbean's tallest mountain peak, Pico Duarte, the Caribbean's largest lake and point of lowest elevation, Lake Enriquillo; the island has an average temperature of biological diversity. The country is the site of the first cathedral, castle and fortress built in the Americas, located in Santo Domingo's Colonial Zone, a World Heritage Site. Music and sport are of great importance in the Dominican culture, with Merengue and Bachata as the national dance and music, baseball as the favorite sport; the "Dominican" word comes from the Latin Dominicus. However, the island has this name by Santo Domingo de Guzmán, founder of the Order of the Dominicans; the Dominicans established a house of high studies in the island of Santo Domingo that today is known as the Universidad Autónoma de Santo Domingo and dedicated themselves to the protection of the native taínos of the island, who were subjected to slavery, to the education of the inhabitants of the island.
For most of its history, up until independence, the country was known as Santo Domingo—the name of its present capital and patron saint, Saint Dominic—and continued to be known as such in English until the early 20th century. The residents were called "Dominicans", the adjective form of "Domingo", the revolutionaries named their newly independent country "Dominican Republic". In the national anthem of the Dominican Republic, the term "Dominicans" does not appear; the author of its lyrics, Emilio Prud'Homme uses the poetic term "Quisqueyans". The word "Quisqueya" derives from a native tongue of the Taino Indians and means "Mother of the lands", it is used in songs as another name for the country. The name of the country is shortened to "the D. R." The Arawakan-speaking Taíno moved into Hispaniola from the north east region of what is now known as South America, displacing earlier inhabitants, c. AD 650, they engaged in hunting and gathering. The fierce Caribs drove the Taíno to the northeastern Caribbean during much of the 15th century.
The estimates of Hispaniola's population in 1492 vary including one hundred thousand, three hundred thousand, an