Podcast
Questions and Answers
Which statement describes a treaty?
Which statement describes a treaty?
- A public declaration made by a state.
- A confirmed legal obligation between two or more states. (correct)
- An informal agreement between groups.
- A temporary statement of intent between parties.
What is the main purpose of a legal system governing international agreements?
What is the main purpose of a legal system governing international agreements?
- To make treaties enforceable only in domestic law.
- To allow states to unilaterally change treaties.
- To prevent constant disagreement among states. (correct)
- To ensure treaties are flexible and adaptable.
What governs treaties between international organizations?
What governs treaties between international organizations?
- The 1986 Vienna Convention. (correct)
- Domestic laws of the participating states.
- The UN Security Council Resolutions.
- The 1969 Vienna Convention.
Which state representatives do not need to present 'full powers' when concluding a treaty?
Which state representatives do not need to present 'full powers' when concluding a treaty?
What does Article 34 of the VCLT emphasize?
What does Article 34 of the VCLT emphasize?
What does the principle of pacta sunt servanda signify in international law?
What does the principle of pacta sunt servanda signify in international law?
Who prepared the draft articles for the 1969 Vienna Convention on the Law of Treaties?
Who prepared the draft articles for the 1969 Vienna Convention on the Law of Treaties?
What are international organizations entitled to regarding treaties?
What are international organizations entitled to regarding treaties?
What does Article 26 of the VCLT state regarding treaties in force?
What does Article 26 of the VCLT state regarding treaties in force?
Under what condition is ratification required according to Article 14 of the VCLT?
Under what condition is ratification required according to Article 14 of the VCLT?
Which of the following is NOT a means through which a state can express its consent to a treaty as outlined by Article 11 of the VCLT?
Which of the following is NOT a means through which a state can express its consent to a treaty as outlined by Article 11 of the VCLT?
According to Article 46 of the VCLT, which situation allows a state to invoke invalidity of consent?
According to Article 46 of the VCLT, which situation allows a state to invoke invalidity of consent?
What is a requirement for invoking error under Article 48 of the VCLT?
What is a requirement for invoking error under Article 48 of the VCLT?
Which scenario does Article 51 address regarding consent to treaties?
Which scenario does Article 51 address regarding consent to treaties?
What does Article 19 of the VCLT state about treaty reservations?
What does Article 19 of the VCLT state about treaty reservations?
What is the distinction between a reservation and an interpretative declaration?
What is the distinction between a reservation and an interpretative declaration?
What may result if a state proposes a reservation to a treaty?
What may result if a state proposes a reservation to a treaty?
What leads to the termination of a treaty based on Article 54 and 57 of the VCLT?
What leads to the termination of a treaty based on Article 54 and 57 of the VCLT?
What is considered a ground for invalidity due to fraud under Article 49?
What is considered a ground for invalidity due to fraud under Article 49?
What happens if a state does not object to a reservation within 12 months?
What happens if a state does not object to a reservation within 12 months?
Which article addresses the situation where a state may withdraw from a treaty?
Which article addresses the situation where a state may withdraw from a treaty?
Flashcards
Treaty
Treaty
A formal, ratified agreement between states.
International Law of Treaties
International Law of Treaties
Area of international law governing agreements between states.
Vienna Convention on the Law of Treaties (VCLT)
Vienna Convention on the Law of Treaties (VCLT)
Main source of rules for treaties, established in 1969.
Treaty Capacity
Treaty Capacity
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Full Powers
Full Powers
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Treaty Consent
Treaty Consent
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Pacta sunt servanda
Pacta sunt servanda
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Signature
Signature
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Accession
Accession
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Ratification
Ratification
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Grounds for Invalidity
Grounds for Invalidity
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Treaty Reservations
Treaty Reservations
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Object and Purpose
Object and Purpose
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Interpretative Declarations
Interpretative Declarations
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Treaty Amendment
Treaty Amendment
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Treaty Termination
Treaty Termination
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Treaty Withdrawal
Treaty Withdrawal
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12 Months' Notice
12 Months' Notice
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Study Notes
Treaty Definition
- A treaty is a formal agreement between states that is ratified.
International Law of Treaties
- International Law of Treaties governs international agreements and is one of the oldest areas of international law.
- The 1969 Vienna Convention on the Law of Treaties (VCLT) is the main source of rules and principles for treaties.
- The VCLT entered into force in 1980.
- International organizations can enter into treaties but are not governed by the VCLT.
Treaty Representation
- All states have the legal capacity to conclude treaties.
- Representatives of a state must have "full powers" to conclude a treaty on behalf of the state.
- Heads of state, heads of government, and ministers for foreign affairs may perform all acts related to treaty conclusion without presenting full powers.
Treaty Consent
- To be legally bound by a treaty, a state must consent.
- The principle of pacta sunt servanda states that treaties must be performed in good faith.
Methods of Expressing Consent
- Signature is a common way to express consent.
- Accession allows a state to join a treaty already negotiated by other states.
- Ratification is used to confirm a state's intention to be bound by a treaty.
Treaty Grounds for Invalidity
- Consent can be invalidated if obtained in violation of domestic law, through error, coercion, fraud, or corruption.
Treaty Reservations
- Treaty reservations allow states to accept parts of a treaty while excluding other provisions.
- Reservations must not violate the object and purpose of the treaty.
- Reservations need to be accepted by other states to be effective.
Treaty Interpretative Declarations
- Interpretative declarations clarify the meaning or scope of treaty obligations.
Treaty Amendment
- Treaties can be formally amended through agreements between parties, often in the form of protocols.
Treaty Termination
- Treaties can terminate when their purpose has been fulfilled, when a limited time period ends, or by agreement of the parties.
- States can withdraw from a treaty if the parties intended to allow withdrawal or if it can be implied by the nature of the treaty.
- A withdrawing party must give 12 months' notice.
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