Treaty Obligations

Question 1

Cameroon v Nigeria

Answer 1

Key Words: Invalidity; A46

Facts: Nigerian head of state signed treaty without having unlimited powers

Ratio: General presumption is that he does

Question 2

Temple Case

Answer 2

Key Words: Invalidity, A48

Facts: Boundary line on annexed map wrong

Ratio: Did not vitiate consent - party contributed to the error

Question 3

The Genocide Convention Case

Answer 3

Key Words: Reservations

Ratio: Reservation in force between reserving state and those accepting it
State objects OR not compatible with object and purpose = not party to convention

Question 4

Belilos 1987

Answer 4

Key Words: Reservations; Justifying Gen Comm 24

Facts: Complaint against Switzerland - violate right to fair trial; Reservation from certain class of administrative hearings

Ratio: ECHR applied severing mechanism (NB: Swiss counsel acknowledged during oral argument that they would prefer severance)

Question 5

Loizidou 1995

Answer 5

Key Words: Reservations; Justifying Gen Comm 24

Facts: Turkey’s restriction on territories where Commission was competent - struck down on object and purpose test

Ratio: Special character of convention = Turkey still part - all other parties unconditionally accepted competence

Question 6

Vienna Convention 1969

Answer 6

A2- Definitions
A7-8 - Authority
A11-15 - Signing and Accession
A19-20- Reservations
A31-33 - Interpretation
A34-8 - Third Parties
A39-41 - Amendment and Modification (Incl Invalidity) 
A54-62 - Termination and Suspension