Tutorial 1

Question 1

Treaty law question

Answer 1

1. Check if it treaty law (if it’s between two or more states etc)
2. Check which states are bound by the treaty
- express consent - art 11 VCLT :
a. Signature - art 12 VCLT
b. Ratification - art 14 VCLT
c. Accession - art 15 VCLT
- full-powers? - art 7 VCLT
- what if there was no approval from a state itself? ➞ art 46 VCLT (internal rules don’t effect the applicability_
3. When did the treaty enter into force?
- art 24 VCLT ➞ within the terms of the treaty
- art 18 VCLT, even when the treaty hasn’t entered into force there is still an obligation

➞ reservation to the treaty?

Question 2

Reservation to the treaty

Answer 2

➞ first check the treaty itself and if it is valid, then this step

1. Is the reservation valid - art 19 VCLT
- reserved upon ratification
- compliant with reservation requirements of the treaty
2. Compatible with the object and purpose?
- 9/10 times it is
- usually you can check (a few paragraphs before) the preamble
3. Effect of the treaty / responses of states
a. Do nothing
b. Accept
c. Simple objection
d. Object entry into force of treaty between the two states
4. Would the case be successful ➞ interpret
- article 31 VCLT - three elements:
1. Terms
2. Context
3. Objects and purpose = look at preamble

➞ have to argue your point based on these factors

Question 3

Customary law question

Answer 3

= general practice accepted as law
- explains state practice and opinion jurisdiction = the elements (these come from North Sea continental shelf case)
a. State practice ➞ state behavior
- (use of something) should be extensive and virtually uniform in nature (North Sea case)
- practice of some states more meaning? ➞ North Sea case: specifically affected states
b. Opinio juris = the belief of the states that this rule exists
- treaty itself can be taken into account, but do they sign because they believe or because they are obliged?
- statements of the states, actions before the treaty
- general assembly resolutions ➞ can be evidence of opinio juris

➞ customary law is binding on everyone except when there are persistent objectors (clearly and constantly before and throughout the formation of the rule) - Anglo Norwegian case