Exam Flashcards
What is a Treaty?
Article 2(1)(a) defines a treaty as a written international agreement concluded between States that is governed by international law and can be embodied in a single instrument or in two or more, whatever their particular designation.
International Law
body of rules and principles that determine the rights and duties of States, primarily in respect of their dealings with other States and the citizens of other States, and that determine what is a State… and when and within what geographical territory they exist.
Codify
To formalise customary international law, practiced legal customs and general legal principles into written legal texts or instruments.
What are the sources of international Law?
Treaties (conventions), international customs, and generalized principles of law recognized by civilized nations.
What Article of the Statute of the International Court of Justice governs the sources of international law?
Article 38
In addition to the original 3 sources of int. law, is there any more?
1 more in form of judicial decisions subject to the conditions laid out n article 59 of the statute of the ICJ.
What is customary international law?
A rule of practice that is used consistently internationally with a belief of legal obligation to it, aka opinio juris.
What international case outlines the concept of customary international law?
North Sea Continental Shelf Cases 1969 ICJ Reps 44
What happened in the North Sea Continental Shelf Cases?
The ICJ settled a dispute between Germany(G), Denmark(D) and the Netherlands(N) regarding delimiting continental shelf areas in the north sea.
D and N wanted to use the equidistance principle from the 1958 Geneva Convention on the Continental Shelves and G disagreed.
The ICJ held that G was not obliged to agree to the aforementioned principle as there was not consistent and continuous practice of the principle. It was then held that the principle was not binding, for lack of state practice as well as the fact that Germany did not ratify to the Geneva Convention till much later.
What alternatives are their to treaties that are non binding and what are they?
‘Soft law’ which refers to non-binding rules, guidelines, principles, declarations or resolutions that influence international behaviour whilst lacking the formal legally binding status of hard law such as treaties and coventions.
Benefits of Soft Law
Soft law is non binding, and more flexible whilst also maintaining the ability to influence international behaviour. That means that legally enforceable obligations can be avoided and states can implement principles of soft law in accordance with their own interests and beliefs.
What is Crystalising international law?
the establishment of originally non-binding principles, practices or norms such as ‘soft law’ as legally binding rules, often as part of customary international laws.
What purpose did the Vienna Treaty on the Law of Treaties 1969 have?
To codify existing law regarding treaties
How did the VCLT 1969 codify international treaty law?
It consolidated existing customary law regarding treaties which in turn provided a standardised framework for treaty law. This made practices regarding treaties become universal across states which also implementing new legal concepts and clarifying the amiguous ones.
What laws regarding treaties were ambiguous prior to the VCLT and why?
One example being that of reservations. Specifying when reservations were permissible as well as the impact they could have on treaty relations was relatively ambiguous prior to the VCLT.
