Memorize

Question 1

is death penalty prohibited as an CIL?

Answer 1

No.

JP describes CIL form when there is consistent & uniform observation of norm across members of international community for a prolong period of time.

• not just “majority” but a greater number of states

based on the mixed data, it can be aptly observed that there is no consistent and uniform practice so that DP is a prohibited CIL

Question 2

does Europe have a regional customary internationl law agains tthe DP?

Answer 2

In the Peruvian Asylum Case, Regional CIL is expected to have a higher threshold of conformity from its members compared to that of a general CIL

suggesting that a unanimous & prolonged observance may be required for a norm to be considered as RCIL

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In the Europe case, it provides that ALL 47 mmebers of council of europe either abolished or impose a moratorium on the DP

act suggests a level of conformity

Question 3

what are the elements of statehood

Answer 3

for purposes of the montevideo convention which adopts the Declarative Theory, the elements of statehood are

1. permanent population
2. defined territory
3. government
4. capacity to enter into relations with other states

Suppose the theory of recognition is Constitutive,
5. recognition of state is an additional element of statehood although not well-accepted.

Question 4

how to invalidate a treaty?

Answer 4

1. in any case, party challenging validity of treaty must notify OTHER parties & give time to make objections (Art. 65-68)

if based on Art. 8, 51-53, void

if based on 46-50, voidable and may be ratified

Question 5

how to terminate treaties

Answer 5

gen rule: pacta sunt servanda

exc: rebus sic stantibus

Question 6

Elements of Rebus Sic Stantibus

Answer 6

1. change or circ. is of a fundamental character

• radically transform extent of obligation
• party now obliged to perform something different that originally agreed
• radically transform that it increased burden of execution

2. change in circ must have been unforeseen by the parties
3. existence of the circumstance at the time of the treaty’s conclusion must constituted an essential basis of the consent.

Question 7

how treaties are formed

Answer 7

PNAS

proposal
negotiation
adoption
signature
expression of consent