the law of treaties Flashcards
WHAT IS A TREATY?
PROVISION:
ELEMENTS: 4
a.2
INTERNATIONAL AGREEMENT
CONCLUDED BETWEEN 2 STATES
WRITTEN FORM - IHER DECLARATION CASE -ORAL YES
GOVERNED BY IL
IMPORTANT PROVISIONS
A.3- 11
A.3 - Only applied to states and their bilaterial agreement. however, doesnt not render the other types of agreements ineffective (legal force, application and application of states to those agreements)
A.4 - prospective VCLT
A.5 - VCLT applies to consistunt instruments e.g achpr
A.6: capacity- every state
A.7: powers to represent state to consent
heads - fulll powers
diplomates - limited power
representative s- limited to purpose of representation
A.8: confirmation of power after exercised (A.7)
A.10: authentication finalises treaty
A.11: consent to be bound through different ways (6)( cameron v nigeria case)
CONTINUATION OF PROVISIONS
A.12 - 18
A.12: signature
A.13: exchange of instruments constituting a treaty
A.14: consent through ratification,
acceptance or approval
A.15: accession
A.16: approved when: exchange, delivered to repository,notification to contracting state
A:18: do not defear purpose of treaty
continuation of provision
A.19- 25
A. 19: impermissible (3)
A.20: rejection of reservation
tacit acceptance
A.21: doctrine of severability - affects legal relationship with the state opposing reservation.
A.22: withdrw of reservation
A. 23: procedure on reservation: writing!!!
A. 24: entry into force
A. 25: provisional application - where provided before force
CONTINuation of provisions
A.26 - 33
A. 26: pact sunt servada
a.27: no internal laws as defence .. but A.46
A.28: no binding to a party whose acts happened before treaty, unless provided so.
A.29: treaty binding upon entire territory not partial of a state!
A.31: good faith, ordinary meaning, context of purpose (preambles and annexes), any treaty made in connection with this one or instrument.
A.32: supplementary (ILC commentary). used when A.31 left things ambigious or absurd interpretation. e.g travailleux preparatoires
A.33: 2 or more languages (launguage authenticated, treaty presumed to have the same meaning authenticated, comparison difference meaning then best meaning is considered)
