Treaties Flashcards
What are treaties?
Treaties are important source of international law, whether bilateral or multilateral. It determines the rights and duties of states just as individual rights are determined by contracts.
While treaties are generally binding only on the parties, the number of contracting parties and the generality of the acceptance of the rules created by the treaty can have the effect of creative a universal law.
What if treaties and customs contradict each other?
Generally, treaties and customs can be complementary.
But if they contradict each other, the following rules shall apply:
(a) If the treaty comes later than a custom, the treaty should prevail.
(b) If a later treaty is contrary to a customary rule that has the status of jus cogens, custom will prevail
(c) If the custom develops into a treaty, the logical rule is that, the later custom, being the expression of a later, will prevail.
What if a treaty, at the time of its conclusion, conflicts with a peremptory norm of general international law?
The treaty is void.
A peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole.
What is a jus cogens?
Jus cogens refers to a category of norms that governs customary international law.
They are rules which derive from principles that the legal conscience of humankind deems absolutely essential to co-existence in the international community.
What are obligations erga omnes?
Obligations erga omnes refers to a specifically determined obligation that States have towards the international community as a whole.
They are obligations in whose fulfillment all States have a legal interest because their subject matter is of importance to the international community.
What if a state breaches an obligation erga omnes?
In the event of a breach of these obligations, every state must be considered justified in invoking the responsibility of the guilty state committing the internationally wrongful act.
Differentiate jus cogens and obligations erga omnes in terms of a violation thereof.
A violation of the jus cogens norm potentially incurs state responsibility, while a violation of obligations erga omnes creates a right of enforcement.
What are general principles of law?
General principles of law are principles that are deemed incorporated in the law of every civilized state as a condition and consequence of its membership in the society of nations.
What is the ruling in Chorzow Factory Case with regards to the obligation of reparation?
It is a general conception of international law that any breach of an engagement involves an obligation to make reparation. Reparation is an indispensable complement of a failure to apply a convention, and there is no necessity for this to be stated in the convention itself.
Can declaration made through unilateral act has the effect of creating legal obligations?
It is well recognized that declaration made by way of unilateral acts concerning factual or legal obligations, may have the effect of creating legal obligation.
What is the ruling in Barcelona Traction Case with regards to bringing a claim to a company committing an unlawful in another State?
It is a general rule of the international law that when an unlawful act was committed against a company, only the state of incorporation of the company could sue.
What kind are the rights and obligations under conventions?
Rights and obligations under Conventions are rights and obligations erga omnes.h
What is the ruling under Belgium v. Senegal, with regards to the duty of a State to extradite?
The obligation to extradite or prosecute is an obligation of the State towards the international community as a whole. It has been an accepted general principle of international law, with reference to invoking universal jurisdiction during violations of jus cogens.
What is the ruling under the case of “In the Matter of Urgent Petition for the Release of Prisoners” case?
Some customary international laws have been affirmed and embodied in treaties and conventions. A treaty constitutes evidence of customary law if it is declaratory of customary law, or if it is intended to codify customary law. In such a case, even a State party not party to the treaty would be bound thereby.
A treaty which is merely a formal expression of customary international law is enforceable on all States because of their membership in the family of nations.
What is the doctrine of incorporation?
The doctrine of incorporation is provided under our Constitution, where it states that generally accepted principles of international law are deemed incorporated in the law of every civilized state as a condition and consequence of its membership in the society of nations.
