T3 Law of Treaties

Question 1

What is a treaty?

Answer 1

A written agreement between states that fosters interstate relations.

Question 2

What are examples of interstate relations?

Answer 2

1. Creation of international organisations
2. Making of peace
3. Settlement of dispute
4. Facilitation of air and sea transport
5. Trade

Question 3

What is the nature of a treaty?

Answer 3

Bilateral and multilateral.

Question 4

What is the principle which constitutes the foundation stone of international law?

Answer 4

Pacta sunt servanda.

Question 5

Where are the rules governing the creation, observance, interpretation, validity, and termination of treaties found?

Answer 5

In customary law.

Question 6

What is the definition of a treaty into the Vienna Convention?

Answer 6

An international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation.

Question 7

What is an exception to the rule that a treaty cannot be binding on non-signatories?

Answer 7

When a treaty becomes accepted as customary international law.

Question 8

What is South Africa’s treaty-making capacity?

Answer 8

1. The executive and parliament share this power
2. Ito section 231 of Constitution, the national executive has the responsibility of negotiating and signing international agreements.

Question 9

How is the 1996 Constitution premised on the Vienna Convention?

Answer 9

It allows final consent to be bound by a treaty to be given by ratification, accession or signature .

Question 10

What normally requires ratification in addition to signature?

Answer 10

Multilateral agreements.

Question 11

What does the requirement for ratification in addition to signature do?

Answer 11

It provides the state with an opportunity to reconsider its decision to be bound by the treaty and, if necessary, to effect changes to its own law to enable it to fulfil its obligations under the treaty.

Question 12

What is the requirement for ratification in addition to signature?

Answer 12

The representative of the state must endorse the earlier signature.

Question 13

How can a state that was not a party to the negotiation of a treaty it did not participate in and not sign become a party to such treaty?

Answer 13

By means accession, provided that the original parties accept that such states may accede to the treaty.

Question 14

What must be done when a state has reservations about a provision to be included in a bilateral treaty?

Answer 14

The two parties can renegotiate the provision before the agreement is signed.

Question 15

What is the effect of a reservation by one party in a bilateral treaty?

Answer 15

It amounts to a counter-offer.

Question 16

What is a reservation ito the Vienna Convention?

Answer 16

A unilateral statement, however phrased or named, made by a State when signing, ratifying, accepting, approving, or acceding to a treaty whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that State.

Question 17

Which article of the Vienna Convention defines a reservation?

Answer 17

Article 2(1)(d).

Question 18

What are the two schools of thought on reservations?

Answer 18

The permissibility school and the opposability school.

Question 19

What is the permissibility school of thought?

Answer 19

It contends that a reservation contrary to the object and purpose of a treaty is ipso facto null and void, irrespective of the reaction of other states.

Question 20

What is the opposability school of thought?

Answer 20

It maintains that a reservation is valid until other states challenge its validity.

Question 21

When is a state prohibited from invoking the invalidity of a treaty?

Answer 21

1. On the ground that it entered into a treaty in violation of its internal law as a ground for invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance.
2. On the ground of an error in a treaty unless the error relates to a fact which was assumed by that State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty
3. On the ground of an error in a treaty if it contributed to the error by its own conduct or if the circumstances were such as to put it on notice of a possible error.

Question 22

When will a treaty be void?

Answer 22

Where the consent of a state has been secured by means of threats directed at the representative of that state.

Question 23

Which provision of the Vienna Convention deals with the avoidance of a treaty?

Answer 23

Article 52.

Question 24

What does article 52 of the Vienna Convention provide?

Answer 24

A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the UN.

Question 25

What is the doctrine of ius cogens?

Answer 25

Certain, fundamental, overriding principles of international law from which no deviation is permitted.

Question 26

Which article in the Vienna Convention enshrines the doctrine of ius cogens?

Answer 26

Article 53.

Question 27

What does article 53 of the Vienna Convention hold?

Answer 27

A treaty is void, if, at the time of its conclusion, it conflicts with a peremptory norm of general international law.

Question 28

When can a treaty be terminated?

Answer 28

1. When the treaty contemplates such termination or suspension or if the parties agree thereto.
2. When there is a material breach of the treaty.
3. Where there has been a fundamental change in the circumstances which determined the parties to accept a treaty, if it has resulted in a radical transformation of the extent of the obligations imposed by it.

Question 29

What is the doctrine of rebus sic stantibus?

Answer 29

A principle that allows for the termination/modification of treaties if there is a fundamental change in circumstances.

Question 30

Which provision in the Vienna Convention enshrines the doctrine of rebus sic stantibus?

Answer 30

Article 62.

Question 31

What are the three broad approaches to treaty interpretation?

Answer 31

Textual, teleological and the intention of the parties.

Question 32

Which provisions of the Vienna Convention provides for the interpretation approaches?

Answer 32

Articles 31 and 32.

Question 33

What underpins succession to treaties?

Answer 33

The principle of continuity.

Question 34

What is the principle of contuinity?

Answer 34

The notion that states and their obligations under international law persist despite changes in government, leadership, or internal political structures.

Question 35

Which provision provides a definition of a treaty?

Answer 35

Article 2(1)(a) of VCLT.

Question 36

What is a treaty ito the VCLT?

Answer 36

An international agreement concluded between States in written form and governed
by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation

Question 37

What is the VCLT?

Answer 37

A key international agreement that provides a comprehensive framework for the creation, interpretation, and enforcement of treaties between states.

Question 38

How are treaties made?

Answer 38

1. Negotiation
2. Adoption
3. Signature
4. Ratification
5. Accession
6. Entry into force

Question 39

How can treaties be terminated?

Answer 39

1. Consent
2. Material breach
3. Change in fundamental circumstances
4. Conflict with jus cogens

Question 40

How may treaties be suspended?

Answer 40

1. Agreement
2. Material breach
3. Impossibility or fundamental change