Law of Treaties

Question 1

Is there a hierarchy of sources in International Law?

Answer 1

-No

Question 2

What is a treaty

Answer 2

-Art 2(1) (a) VCLT
- International agreement
-between STATES
-in written form
-governed by INTL Law
-embodied 1+ instrument
-whatever its particular designation (name)

Question 3

When is a person considered representing a state when signing a treaty?

Answer 3

-Art. 7 VCLT–> Fullpowers

Question 4

What did the Qatar v. Bahrain case conclude

Answer 4

-Minutes can be international agreements (treaties)
-as long as fit the criteria of the VCLT
-C23

Question 5

2What is the article of the Non-retroactivity of the VCLT

Answer 5

-Art. 4 VCLT

Question 6

Where are the rules on Treaty Interpretaion enshrined?

Answer 6

-Art. 31-33 VCLT

Question 7

What are the three schools of interpretation of Treaties?

Answer 7

-Textual/ grammatical interpretation
-Teleological intepretation
-Founding fathers

Question 8

Is there superior law in International Law?

Answer 8

-Yes
-Obligations under the UN charter prevail over other intl. agreements

Question 9

What covers treaties not between states?

Answer 9

-Customary International Law

Question 10

Explain what Full Powers are

Answer 10

-Document that verifies the ability to give consent on behalf of a state
-authorisation 2 rep state
-Art. 7(1)

Question 11

Can a state say that they shouldn’t have signed the treaty because it’s against national law and thus annul the treaty?

Answer 11

-NO–> cannot invoke provision of its internal law (ART. 27 VCLT)
-YES–>If it would be against normal pract. + go fai 2 ANY state (Art. 46(2))

Question 12

Define evolutive interpretation

Answer 12

-Evolutive Interpretation–>
-intention of treaty able to change/evolve over the year
-follow development of the law
-ensure relevence + flex

Question 13

Explain the principle of Contemporaneity

Answer 13

-terms of a treaty interpreted as it would be interpre. at time
-meanings of the t
-ASK fucking friend

Question 14

What is evidence of evolutive interpretation?

Answer 14

-intention of the parties
- object and purpose of the treaty,
- ‘generic terms’
-intended 2 hv long durat. –> evol. assumed

Question 15

Explain what a reservation is according to the VCLT

Answer 15

-UNILATERAL STATE.

Question 16

Are there reservations which are not allowed?

Answer 16

YES- Art. 19 VCLT

Question 17

Is there implicit acceptance when it comes to reservations

Answer 17

-Yes
-after doing nothing 4 12 mon

Question 18

Are states bound by the treaty they have ratified before the treaty is put into force?

Answer 18

-not necessarily, but cannot defeat obj. + purp of a treaty
-Art. 18 VCLT

Question 19

Which articles cover the Effects and Procedure of Objection to Reservations

Answer 19

-Art. 20 VCLT- Art 21 VCLT

Question 20

Define an interpretative declaration

Answer 20

• If does not modify legal effect of a prov.
  -j clarify meaning
  -not binding on other par.

Question 21

What are the main takeaways of the Belilos case

Answer 21

• When determi. whether something is reservation or just interpretative decl.
  -“substantive content”
  -does it modify or exclude
  -leg. effect
  -International court/ trib. can potentialy determine if a reservation is allowed

Question 22

What are the main cases for this topic?

Answer 22

-**Belilos
-Maritime Frontier Dispute: El Salavador v. Hondorus
-Consta Rica v. Nicaragua
Shrimp/ Turtle
-Bahrain v. Qatar

Question 23

What was the main takeaway of the Maritime Frontier Dispute case (Seperate opinon of another judge)?

Answer 23

-Interpre. process of supple. means + prep. work are not different
-no need 2 use supple m. first then prep. work

Question 24

What is the main takeaway of the Costa Rica v. Nicaragua case

Answer 24

• Example of Evolutive Interpretation

Question 25

What is the main takeaway of the Shrimp/Turtle case?

Answer 25

• “exhaustible naturel resourses”
  -general term
  -int. 2 protect environment
  -turtles considered natural resources now