Lecture - Law of Treaties PDF

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Goes over the laws of treaties created to set out rules for treaties and conventions...

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Matt Kasten ILO Lecture Law of Treaties

Law of Treaties – VIENNA CONVENTION

1) 2) 3) 4) 5) 6) 7) 8)

What is a treaty? International Agreement? Between States? In written form? Governed by international law? Making Treaties Operation of Treaties Termination, Suspension & Invalidity

States: 

Contracting parties may be used to refer to them before signing the agreement.

Treaties: 

          

Who Signs? Not only the head of state – maybe the ambassador, senior diplomat, head of foreign affairs, etc. Someone who has been given the full power of the state. Ensure that it is not done with false information. Could lead to consent negation. There are big, small, medium treaties. In UK a signed treaty would only be ratified if there were no objections from the parliament. Article 23 – reservations Article 26 of Vienna Convention – States must oblige to their obligations in good faith. They will not act overtly or covertly to go against the contents of the treaty Consent – Something necessary for a state to be bound to international law. “A State may not make a reservation if a treaty strictly prohibits reservations” or “if the treaty has outlined that only certain reservations can be made”. Reservation to the Genocide convention. Article 19 of the Vienna convention. To Change a treaty – a state may introduce interpretation reservation, which clearly set their reservations in the writing. Interpretation declaration: to clarify their interpretation of the declaration. Islamic states v. Israel. Both of these have a very political side. 300 reservations submitted to the treaty of the human rights of children.

Implementation phase This is when disputes happen. Articles 31, 32 of Vienna convention. 31) Issue of good faith – articles and treaties will be interpreted in good faith. 32)

France v. Norway case – France accepted the ICJ jurisdiction but has a reservation stating that France repayment of loans against France and Norway. Norway claimed the reservation for their own – often comes in during treaty interpretation. When states create rules between themselves both of the get the benefits of the rule.

Normally a treaty will indicate an end date. Depends on the goal, circumstances, etc…

A state can withdraw from a treaty if there is unanimous consent from all other states taking part of the treaty Treaties that go against jus cogens will be deemed invalid.

Can withdraw if it is visible that the state has an impossibility of performance

Multi-lateral environmental agreement – a framework that won’t have very specific obligations and rules....