1 1Dr. Christina Binder, E.MA, Mag. Kathrin Gabriel, Mag. Julia Mair and Mag. Helmut Prantner are assistants and Dr. Gerhard Hafner is professor at the Department for European, International and Comparative Law, Section for International Law and International Relations, University of Vienna.
** The digest covers the period from 1 January 2004 until 31 December 2004.
1 Federal Law Gazette, BGBI. III 135/2004. 2 Explanatory Memorandum in Parliamentary Materials, 371 Beil. Sten. Prot. (XXII. GP), Erlauterungen Allgemeiner Teil.
3 Federal Law Gazette, BGBI. III 115/2004. 4 Federal Law Gazette, BGBI. III 90/2000. 5 Explanatory Memorandum in Parliamentary Materials, 344 Beil. Sten. Prot. (XXII. GP), Erlauterungen Besonderer Teil.
27 Federal Law Gazette, BGBI. 1125/2004. z8 Explanatory Memorandum in Parliament, 618 Beil. Sten. Prot. (XXII. GP), Erlauterungen Allgemeiner Teil.
29 Federal Law Gazette, BGBI. I 133/2004.
'o Explanatory Memorandum in Parliamentary Materials, 652 Beil. Sten. Prot. (XXII. GP), Erlauterungen Besonderer Teil. 31 Federal Gazette, BGBI. 684/1988. '2 Federal Gazette, BGBI. 210/1958, in Austria of constitutional rank.
" Official Journal, C 321, 31 Dec. 2003, 6. The full title of the Agreement reads "Agreement between the Member States of the European Union concerning Claims introduced by each Member State against any other Member State for Damage to any Property owned, used or operated by it or Injury or Death suffered by any Military or Civilian Staff of its Services, in the context of an EU Crisis Management Operation".
's Federal Law Gazette, BGBI. III Nr. 85/1999, last amended by Federal Law Gazette BGBI. III Nr. 4/2003 (TEU). 36 Official Journal, C 321, 31 Dec. 2003, 6. " Federal Law Gazette, BGBI. III 85/1999, last amended by Federal Law Gazette, BGBI. III 4/2003 (TEU). '8 Official Journal, C 321, 31 Dec. 2003, 6.
39 Federal Law Gazette, BGBI. III 135/1998. �° Federal Law Gazette, BGBI. III 136/1998.
°z Agreement between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA). (Official Journal, C 321/02, 31 December 2003, 6.)
43 Explanatory Memorandum in Parliamentary Materials, 457 Beil. Sten. Prot. (XXII. GP), Erlauterungen Besonderer Teil. " Federal Law Gazette, BGBI. I 12/1997. as Federal Law Gazette, BGBI. I 12/1997.
"� Federal Law Gazette, BGBI. III 160/2004.
" Available at http://daccessdds.un.org/doc/UNDOC/GEN/N04/264/07/PDF/N0426407. pdf?OpenElement. '8 Article 2 reads as follows: "Use of terms: For the purposes of the present Convention: (a) 'Aquifer' means a permeable water-bearing rock formation capable of yielding exploitable quantities of water; [...]." a9 Article 7 reads as follows: "Relationship between different kinds of uses: 1. In the absence of agreement or custom to the contrary, no use of a transboundary aquifer system enjoys inherent priority over other uses. 2. In the event of a conflict between uses of a transboundary aquifer system, it shall be resolved with special regard being given to the requirements of vital human needs."
so Available at http://www.daccessdds.un.org/doc/UNDOC/I,TD/G04/613/98/PDF/G0461398. pdf?OpenElement. 51 Articles 17 reads as follows: "Actions or procedures other than diplomatic protection: The present draft articles are without prejudice to the rights of States, natural persons or other entities to resort to actions or procedures under international law other than diplomatic protection to secure redress for injury suffered as a result of an internationally wrongful act." s2 Article 18 reads as follows: "Special treaty provisions: The present draft articles do not apply where, and to the extent that, they are inconsistent with special treaty provisions, including those concerning the settlement of disputes between corporations or shareholders of a corporation and States."
5' Available at http://daccessdds.un.org/doc/UNDOC/LTD/G04/623/59/PDF/G0462359. pdf?OpenElement. 54 Principle 4 reads as follows: "Prompt and adequate compensation 1. Each State should take necessary measures to ensure that prompt and adequate compensation is available for victims of transboundary damage caused by hazardous activities located within its territory or otherwise under its jurisdiction or control. 2. These measures should include the imposition of liability on the operator or, where appropriate, other person or entity. Such liability should not require proof of fault. Any conditions, limitations or exceptions to such liability should be consistent with draft principle 3. 3. These measures should also include the requirement on the operator or, where appropriate, other person or entity, to establish and maintain financial security such as insurance, bonds or other financial guarantees to cover claims of compensation. 4. In appropriate cases, these measures should include the requirement for the establishment of industry wide funds at the national level. 5. In the event that the measures under the preceding paragraphs are insufficient to provide adequate compensation, the State should also ensure that additional financial resources are allocated."
55 Principle 3 reads as follows: "Objective: The present draft principles aim at ensuring prompt and adequate compensation to natural or legal persons, including States, that are victims of transboundary damage, including damage to the environment." 56 principle 5 reads as follows: "Response measures: With a view to minimizing any transboundary damage from an incident involving activities falling within the scope of the present draft principles, States, if necessary with the assistance of the operator, or, where appropriate, the operator, should take prompt and effective response measures. Such response measures should include prompt notification and, where appropriate, consultation and cooperation with all potentially affected States." 57 principle 6 reads as follows: "International and domestic remedies: 1. States should provide appropriate procedures to ensure that compensation is provided in furtherance of draft principle 4 to victims of transboundary damage from hazardous activities. 2. Such procedures may include recourse to international claims settlement procedures that are expeditious and involve minimal expenses. 3. To the extent necessary for the purpose of providing compensation in furtherance of draft principle 4, each State should ensure that its domestic administrative and judicial mechanisms possess the necessary competence and
provide effective remedies to such victims. These mechanisms should not be less prompt, adequate and effective than those available to its nationals and should include appropriate access to information necessary to pursue such mechanisms." 58 Principle 7 reads as follows: "Development of specific international regimes: 1. States should cooperate in the development of appropriate international agreements on a global, regional or bilateral basis in order to make arrangements regarding the prevention and response measures to be followed in respect of particular categories of hazardous activities as well as the compensation and financial security measures to be taken. 2. Such agreements may include industry and/or State funded compensation funds to provide supplementary compensation in the event that the financial resources of the operator, including financial security measures, are insufficient to cover the losses suffered as result of an incident. Any such funds may be designed to supplement or replace national industry based funds."
59 Available at http://daccessdds.un.org/doc/UNDOC/LTD/G04/614/40/PDF/G0461440. pdf?OpenElement. Article 4 reads as follows: "General rule on attribution of conduct to an international organization: 1. The conduct of an organ or agent of an international organization in the performance of functions of that organ or agent shall be considered as an act of that organization under international law whatever position the organ or agent holds in respect of the organization. 2. For the purposes of paragraph 1, the term "agent" includes officials and other persons or entities through whom the organization acts. [...]." 6' Article 5 reads as follows: "Conduct of organs or agents placed at the disposal of an international organization by a State or another international organization The conduct of an organ of a State or an organ or agent of an international organization that is placed at the disposal of another international organization shall be considered under international law an act of the latter organization if the organization exercises effective control over that conduct."
62 Available at http://www.bmaa.gv.at/view.php3?f id=1461&LNG=de&version=&go=140 &subgo=140&big=2&submit=1&iNum=168. The statement is reproduced only in Ariel 9 as it was not available earlier.
'9 Available at http://www.aussenministerium.at/newyorkov/.
8° Adopted by General Assembly Resolution A/RES/55/25 of 15 November 2000; entry into force on 29 September 2003, treaty text available at http://www.unodc.org/pdf/crime/ final_instruments/383e.pdf. g` Explanatory Memorandum in Parliamentary Materials, 424 Beil. Sten. Prot. (XXII. GP), Vorblatt.