The Law of Treaties

Question 1

Treaty

Answer 1

A binding document of IL

Question 2

What matters most about treaties?

Answer 2

The intention of the parties of whether they want to be bound by a treaty

Question 3

Art 26 VC

Answer 3

Every treaty in force is binding upon the parties to it and must be performed by them in good faith

Question 4

Art 34 VC

Answer 4

A treaty does not create either obligations or rights for a third State without its consent

Question 5

Ratification

Answer 5

An international act when a State establishes that it wants to be bound by a treaty

Question 6

Restrictions to the Death Penalty Case 1984

Answer 6

A reservation designed to enable a State to suspend any of the non-derogable fundamental rights must be deemed to be incompatible with the object and purpose of the Convention and, consequently, not permitted by it

Question 7

Fitzmorris’ 3 approaches to treaty interpretation

Answer 7

• The literal approach
• The intention of the parties approach
• The teleological approach

Question 8

Pacta sun servanda

Answer 8

A State must respect its promises

Question 9

Reservations to the Genocide Convention Case 1951 on reservations

Answer 9

A State which objected to a reservation on the grounds of incompatibility with the object and purpose of a treaty could, through objecting, regard the treaty as not in effect as between itself and the reserving State

Question 10

Bilateral treaty

Answer 10

A “treaty contract,” will terminate after the object has been achieved or if other unforeseen circumstances intervene

Question 11

Multilateral treaty

Answer 11

A “law-making” treaty, lays down conduct of states for the indefinite future, may give rise to general customary law