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Protocol No. 2. Conferencing Upon the European Court of Human Rights Competence to Give Advisory Opinions. Strasbourg, May 6, 1963
Published online by Cambridge University Press: 28 March 2017
Abstract
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- Copyright © The American Society of International Law 1964
References
1 European Treaty Series, No. 5; 213 U.N. Treaty Series 221; 45 A.J.I.L. Supp. 24 (1951).
2 European Treaty Series, No. 44. The texts of the three Protocols have been supplied through the courtesy of the Directorate of Human Rights of the Council of Europe.
3 Signatures omitted. The Protocol was signed on behalf of Austria, Denmark, Germany, Ireland, Italy, Luxembourg, The Netherlands, Norway, Sweden, Turkey, and the United Kingdom, all except Denmark and the United Kingdom with reservation in respect of ratification or acceptance.
4 European Treaty Series, No. 45.
5 Art. 4 and the final clauses are omitted. Their language is almost identical with that of Art. 5 (less paragraph 3 thereof) and the final clauses of Protocol No. 2. The signatures, and the conditions thereon, are the same as those appended to Protocol No. 2.
6 European Treaty Series, No. 9 ; 213 U.N. Treaty Series 262.
7 Council of Europe Doc. No. H (63) 4 Revised.
8 Signatures omitted. The Protocol was signed on behalf of Austria, Belgium, Denmark, Germany, Ireland, Italy, Luxembourg, Norway, Sweden, and the United Kingdom. The following declaration was made on behalf of the Government of the Republic of Austria at the time of signature:
“Protocol No. 4 is signed with the reservation that Article 3 shall not apply to the provisions on the Law of 3rd April 1919, StGBl. No. 209 concerning the banishment of the House of Habsburg-Lorraine and the confiscation of their property, as set out in the Act of 30th October 1919, StGBl. No. 501, in the Federal Constitutional Law of 26th January 1928, BGB1. No. 30, and taking account of the Federal Constitutional Law of 4th July 1963, BGB1. No. 172.”
The following declaration was made on behalf of the Irish Government:
“The reference to extradition contained in paragraph 21 of the Report of the Committee of Experts on this Protocol and concerning paragraph 1 of Article 3 of the Protocol includes also laws providing for the execution in the territory of one Contracting Party of warrants of arrest issued by the authorities of another Contracting Party.”
As to the law of Ireland concerning this matter, see O’Higgins, , “Irish Extradition Law and Practice,” 34 Brit. Year Book of Int. Law 274 (1958)Google Scholar.
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