International Transactions Flashcards
What is a Treaty?
Vienna Convention on the Law of Treaties Article 2(1)(a). International agreement concluded between States in written form and governed by international law.
How does the name of an agreement affect its legal status?
It doesn’t. Conventions, treaties. They’re all the same.
Explain the importance of the VCLT.
International agreement regulating treaties between States. Establishes comprehensive rules for how treaties are drafted, amended, interpreted etc.
What is a reservation?
VCLT Art 2(1)(d) A Statement to say that certain parts of a treaty will be limited.
What are the legal effects of a reservation to a Treaty?
A valid reservation modifies the operation of the treaty between the reserving State and other parties.
What are advantages and disadvantages of reservations?
Advantage- Allows flexibility
Disadvantage- no uniformity. No point in treaty if you can make your own rules
Name a treaty that does not allow reservations
UNCLOS article 309
When may States enter into a reservation?
VCLT Art 19
May enter reservation unless prohibited by treaty, the treaty provides for specific reservations or the reservation is not compatible with the object and purpose of the Treaty.
How can other States react to a reservation?
VCLT Art 23
Objection to reservation must be in writing and communicated.
How are treaties interpreted?
VCLT Art 31-32
31- General rule of interpretation. Good faith ordinary meaning, object and purpose. Subsequent agreements and agreements relating to the treaty considered as well.
32- Supplementary means. E.g. preparatory work of treaty or circumstances of conclusion
What are the main methods of treaty interpretation?
Textual approach- confined to text
Subjective approach- intention of parties
Teleological approach- object and purpose of treaty
Effectiveness principle- Treaty provisions interpreted so they have effect
Who can sign treaties?
Article 6/7 of VCLT
Person acting on behalf of State if produces appt. full powers and the State intended for them to be considered representative.
Who is considered to be representing their State?
- Heads of State, heads of government and ministers for foreign affairs
- Heads of diplomatic missions
- Representatives accredited by States
