Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
30 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
What is the leading instrument on the law of treaties? |
The Vienna Convention |
|
|
|
What are the two principles the law of treaties are based on? |
1. Free consent of states 2. Freedom of states is not unlimited, once the treaty has been entered into force the treaty shall be kept by the parties in good faith codified in art 26 VCLT |
|
|
|
What does art 27 VCLT state? |
Proclaims Vienna conventions priority over domestic law, domestic law may proclaim itself superior & in such a case no-meta rule is available to say which one is right |
|
|
|
What is a memorandum of understanding? |
Political agreements, morally binding agreements, the distinction between treaties and MOUs has not been approved by ICJ, states can choose whether to cast their agreement in MOU form (keeping it outside the realm of law altogether) |
|
|
|
Who can create treaties? |
Heads of state, Vienna convention art 7 states ambassadors & representatives, others must present a full powers document |
|
|
|
What is a full powers document? |
It states from the competent domestic authorities that the person concerned is empowered to participate in concluding treaties, if states know each other/meet all time no need for full powers cos trust |
|
|
|
What are the 2 main ways of expressing consent to be bound by treaty? |
Signature and Ratification |
|
|
|
What does Vienna convention art 18 state? |
A state can't do as it pleases in the time before ratification and entry into force |
|
|
|
What is a reservation to treaty? |
Unilateral acts where individual states wish to modify or exclude part of a treaty |
|
|
|
What is an advantage of treaty reservations? |
Allows them to join treaties without having to make dramatic domestic policy changes if they don't want to do flexible |
|
|
|
What can they do if they don't want to allow reservations? |
States can agree that no reservation is permitted, states may also agree when drafting that some reservations are allowed for some provisions but not others, in both cases the treaty text will govern the matter |
|
|
|
What will happen if the treaty text doesn't tell if there's reservations allowed?? |
The question will be referred to general international law/ Vienna convention |
|
|
|
H |
H |
|
|
|
What does the Vienna Convention article 20 state? |
1. A state can expressly accept a reservation 2. A state remains silent (this is agreeing with reservation) 3. A state can object to reservation but without wanting to jeopardise treaty relations (so reserving state still gets what it wants) 4. (Only time reserving state doesn't get what it wants) a state can not accept a reservation and doesn't want to have treaty relations with them, the entire treaty remains without effect |
1. A state can expressly accept a reservation 2. A state remains silent (this is agreeing with reservation) 3. A state can object to reservation but without wanting to jeopardise treaty relations (so reserving state still gets what it wants) 4. (Only time reserving state doesn't get what it wants) a state can not accept a reservation and doesn't want to have treaty relations with them, the entire treaty remains without effect |
|
|
What do people argue negatively about reservations? |
It's tilted in favour of the reserving state (Vienna convention) and allowing reservations ends up ruining treaty regimes |
|
|
|
What did the international law commission say in its guide to practice on reservations? |
It follows the Vienna conventions regime and said that the reservation must be compatible with the object and purpose of a treaty |
|
|
|
What is stated in the Vienna Convention article 31? |
Treaties should be interpreted in accordance with the ordinary meaning of the words in their context and in light of what the treaty object/purpose is, good faith and ordinary meaning of words |
|
|
|
What are the 3 different approaches to interpretation? |
1. Textual (objective meaning of the text) 2. Intent of drafters (historical method) 3. Teleological approach (what drafters aimed to achieve) |
|
|
|
What does article 30 VCLT state? |
If the parties to all those treaties are identical, then the later in time treaty shall prevail |
|
|
|
What is the principle of political decision? |
Where state A should chose to honour its commitments to state B or C and compensate the losing party |
|
|
|
If there's a conflict of obligations under UN charter what will prevail? |
Art 30(1) VCLT states UN charter will prevail |
|
|
|
How do you determine which treaty is the special one? |
Look at topic, number of parties involved |
|
|
|
What is an objective regime? |
Behaviour of 2 or more states where non-parties are expected to respect for the greater good of man kind for example |
|
|
|
What section deals with the invalidity of a treaty? |
Art 46-50 VCLT lists factors that may invalidate a treaty (bribery etc) the parties can agree to hold onto treaty even though something went wrong |
|
|
|
What is a manifest violation in invalidity of treaty? |
If it is objectively evident that the treaty partner ought to have known the state concerned was violating its own domestic provisions |
|
|
|
What does article 51 and 52 VCLT state? |
51- political and economic pressure 52- military pressure |
|
|
|
What is the jus cogens rule? |
A treaty concluded in violation of a peremptory norm is void (peremptory norm is genocide etc) |
|
|
|
What will happen if someone signs without a full powers doc? |
Art 8 - no legal effect unless afterwards the state confirm that they have power |
|
|
|
What was held in Bush Treaty of Rome? |
Tried to cancel signature, sent letter saying they were not signing it. Art 18 says what to do if they cancel signature but everyone disagrees what is meant by art 18 |
|
|
|
What happens when someone signs a treaty? |
Article 18 then when they ratify they are bound |
|
