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6 Cards in this Set
- Front
- Back
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Article 2(1)(a) VCLT- definition of a treaty
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- written agreement
- between states - governed by international law |
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Article 3 VCLT (exclusion) and Article 5 VCLT (inclusion)
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VCLT does not include unwritten agreements, but does include constituent instruments
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ICJ 'Qatar v Bahrain' (1994)
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THE MINUTES OF A MEETING CAN COMPRISE A TREATY
- it is not necessary to consider the two FMs' intentions - they signed a text recording a commitment accepted by their gov's; cannot later claim it was only a 'political understanding' - ICJ focus on EFFECT; intent irrelevant, as were Bahrain domestic constitutional obstacles and that not registered under UN-Charter - cynical view that ICJ wanted jurisdiction... |
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ICJ 'Cameroon v Nigeria' (2002)
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AN EXCHANGE OF NOTES CAN COMPRISE A TREATY
[...] |
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ICJ 'Aegean Sea Continental Shelf' (1978)
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A JOINT COMMUNIQUE CAN CONSTITUTE AN INTERNATIONAL AGREEMENT
[...] |
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ICJ 'Anglo-Iranian Oil Company' (1951)
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A WRITTEN AGREEMENT BETWEEN A STATE AND A LARGE COMPANY IS NOT A TREATY
- ICJ refused jurisdiction; only between states - fact that British government was main shareholder was not enough |
