TREATIES Flashcards
TREATY
“AN INTERNATIONAL AGREEMENT CONCLUDED BETWEEN STATES IN WRITTEN FORM AND GOVERNED BY INTERNATIONAL LAW, WHETHER EMBODIED IN A ISNGLE INSTRUMENT OR IN TWO RO MORE RELATED INSTRUMENTS AND WHATEVER IS PARTICULAR DESIGNATION”
ART. 2(2) VCLT 1969
STATUTORY DEFINITION OF A TREATY
ANGLO-IRANIAN OIL COMPANY
CAPACITY TO MAKE TREATIES
INDIVIDUALS HAVE NEVER BEEN RECOGNISED AS HAVING THE CAPACITY TO MAKE TREATIES.
ICJ REJECTED AN ARGUMENT TO THE EFFECT THAT A CONTRACT BETWEEN IRAN AND A BRITISH COMPANY WAS A TREATY BECAUSE OF THE PARTY PLAYED BY THE UK GOV’T IN ITS NEGOTIATIONS. IT WAS ‘NOTHING MORE THAN A CONCESSIONARY CONTRACT BETWEEN A GOVERNMENT AND A FOREIGN CORPORATION’
ART. 3 VLCT 1969
CAPACITY TO MAKE TREATIES
UNDER CIL, NON-STATE ENTITES MAY HAVE THE INT’L PERSONALITY TO MAKE TREATIES
QATAR V BAHRAIN
ICJ HELD MINUTES OF A MEETING TO COMPRISE A TREATY AND DISCOUNTED THE SUBJETIVE INTENTIONS OF FOREIGN MINISTERS OF QATAR AND BAHRAIN
THE ICJ WILL APPLY AN OBJECTIVE TEST TO DETERMINE WHETHER THERE IS INTENTION TO CREATE LEGAL RELATIONS - TAKING INTO ACCOUNT ITS ACTUAL TERMS AND PARITCULAR CIRCUMSTANCES TO DETERMINE WHETHER IT IS A TREATY
OIL PLATFORMS (PRELIMINARY OBJECTIONS)
A TREATY MAY BE LEGALLY BINDING BUT A PARTICULAR PROVISION MAY BE ‘DRAFTED IN TERMS SO GENERAL THAT BY ITSELF IT IS NOT CAPABLE OF GENRATING LEGAL RIGHTS AND OBLIGATIONS’
ART. 1 VCLT 1969
VCLT REGULATES TREATIES CONCLUDED BETWEEN STATES
ART. 2(1)(a) VCLT 1969
VCLT REGULATES TREATIES CONCLUDED BY STATES IN WRITTEN FORMS
ORAL AGREEMENTS
ORAL AGREEMENTS HAVE EFFECT UNDER INTERNATIONAL LAW (LEGAL STATUS OF EASTERN GREENLAND) BUT ARE NOT GOVERNED BY VCLT ITSELF - ART. 2(1)(a) VCLT 1969
ART. 73 VCLT 1969
VCLT DOES NOT DEAL WITH SUCCESSION OF TREATIES, STATE RESPONSIBILITY AND THE EFFECT OF THE OUTBREAK OF HOSTILITIES ON TREATIES
ART. 4 VCLT 1969
VCLT ONLY APPLIES TO TREATIES CONCLUDED AFTER ITS ENTRY INTO FORCE
SCOPE OF THE VCLT
IT IS A RESIDUAL RULE - IT OPERATES IN DEFAULT UNLESS A PARTICULAR TREATY OPTS OUT OR PARTIES AGREE OTHERWISE
PROVISIONS WHIHC REFLECT CIL DO APPLY TO TREATIES BETWEEN STATES AND IOS - ART. 3(B) VCLT 1969
ART. 3(b) VCLT 1969
PROVISIONS WHICH REFLECT CIL DO APPLY TO TREATIES BETWEEN STATES AND IOs
VCLT AND CUSTOMARY LAW
IT IS UNCLEAR WHICH PROVISIONS OF VLCT CODIFIED VCLT AND WHICH CONSITUTE PROGRESSIVE DEVELOPMENT (FITZMAURICE)
UNCLEAR HOW CIL RELATING TO TREATIES OPERATES IN LIGHT OF IT BUT ART. 3(b)(, 4, 38 and 43 combine to provide that when provisions of vclt are inapplicable, rules of cil with the same legal content may be applicable
AUTHORITY TO CONCLUDE TREATIES
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