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Questions and Answers
What is considered the primary formal source of public international law?
What is considered the primary formal source of public international law?
Which concept refers to a state's consistent rejection of a treaty's applicability to it?
Which concept refers to a state's consistent rejection of a treaty's applicability to it?
During which circumstances do treaties regulate state behavior?
During which circumstances do treaties regulate state behavior?
Which of the following can be considered a characteristic of treaties?
Which of the following can be considered a characteristic of treaties?
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Which of the following statements about customary law is incorrect?
Which of the following statements about customary law is incorrect?
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What is a fundamental principle outlined in Article 26 of the VCLT regarding treaties?
What is a fundamental principle outlined in Article 26 of the VCLT regarding treaties?
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Which of the following terms describes a treaty that is exclusively between two states?
Which of the following terms describes a treaty that is exclusively between two states?
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What does Article 62 of the VCLT address?
What does Article 62 of the VCLT address?
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Which of the following statements about the ratification process is true?
Which of the following statements about the ratification process is true?
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Which concept is used to describe treaties that conflict with a peremptory norm?
Which concept is used to describe treaties that conflict with a peremptory norm?
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What does the term 'accession' refer to in the context of treaties?
What does the term 'accession' refer to in the context of treaties?
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What is required during the authentication stage of treaty formation?
What is required during the authentication stage of treaty formation?
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Which states have never signed the Vienna Convention on the Law of Treaties according to the provided content?
Which states have never signed the Vienna Convention on the Law of Treaties according to the provided content?
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What is a key characteristic of non-binding agreements?
What is a key characteristic of non-binding agreements?
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Which of the following is an example of a non-binding agreement mentioned?
Which of the following is an example of a non-binding agreement mentioned?
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What can sometimes occur as a result of non-binding agreements?
What can sometimes occur as a result of non-binding agreements?
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What are subjects of international law mainly comprised of?
What are subjects of international law mainly comprised of?
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What is a Treaty defined as?
What is a Treaty defined as?
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What leads to the invalidation of a treaty?
What leads to the invalidation of a treaty?
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What is a potential consequence of a state making a reservation when signing a treaty?
What is a potential consequence of a state making a reservation when signing a treaty?
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Which of the following is NOT a reason for treaty invalidation?
Which of the following is NOT a reason for treaty invalidation?
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What must occur for a treaty to officially enter into force?
What must occur for a treaty to officially enter into force?
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What type of treaty is associated with general obligations where all parties must adhere to the same terms?
What type of treaty is associated with general obligations where all parties must adhere to the same terms?
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Which of the following statements about reservations to treaties is true?
Which of the following statements about reservations to treaties is true?
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What is the term for unforeseeable circumstances that prevent fulfilling treaty obligations?
What is the term for unforeseeable circumstances that prevent fulfilling treaty obligations?
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When might a state require new domestic laws to comply with a treaty?
When might a state require new domestic laws to comply with a treaty?
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Study Notes
Public International Law: Law of Treaties
- Treaties are the primary source of international rights and obligations
- Every state is party to numerous treaties
- Treaties govern state behavior in times of peace and war
What is a Treaty?
- A treaty is a contract law agreement between states
- It involves mutual consent and creates legal duties and rights for the parties
- Subjects of national law comprise individuals and companies
- Subjects of international law include states and international organizations
What is not a Treaty?
- Non-binding agreements lack legal obligations
- They express political will or principles
- Examples include declarations, resolutions, and understandings
- Agreements can be helpful but lack the legal force of a treaty
Significance of Treaties
- Treaties establish international organizations like the UN
- They can resolve disputes among nations
- Treaties often end wars, especially those not involving two states, as seen in modern practice.
Vienna Convention on the Law of Treaties (VCLT)
- Most states have signed and ratified the VCLT
- Some states have only signed, and others have not signed at all
- It is customary international law binding all states
Core Principles in VCLT
- Pacta Sunt Servanda - Treaties must be performed in good faith (Article 26).
- States cannot invoke domestic laws to avoid treaty obligations. (Article 27).
- Fundamental change in circumstances (Rebus sic stantibus) can terminate a treaty (article 62)
- Treaties are invalid if they conflict with a preemptory norm (jus cogens). (Article 53).
- No state is allowed to invoke the absence of prior consent to a treaty from a third party if they didn't involve the third party during its formulation. (Article 34)
- The Vienna Convention is the most relevant international treaty regarding treaty law and interpretation.
Types of Treaties
- Bilateral treaties are between two states (no reservations allowed)
- Multilateral treaties involve more than two states
Treaty Formation Process
- Stage 1: Creating and finalizing the treaty text
- Stage 2: Authentication (first step towards binding the treaty)
- Stage 3: Entering into Force
Formalization of the Text
- Drafting and opening for signatures done by committees or experts
- Voting among participating states to approve a version of the treaty
Authentication Process
- Treaty signing marks the first step towards treaty binding
Ratification Process
- State parliament or an equivalent constitutionally authorized body approves the treaty
- Accession: New states can join an existing treaty through a process outlined by the treaty itself
Entering into Force
- The treaty's outlined deadline marks when it becomes fully legally binding
- New domestic laws may be needed for adherence to the treaty, such as in climate agreements
Registration Process
- Treaties are registered with the UN secretariat upon entering into force
- Agreements not registered are not considered when brought before the ICJ to settle disputes relating to a treaty breach, or other issues
Treaty Validity
- Treaties signed by unauthorized persons are void
- Treaties based on error, fraud, or corruption, or coercion to use force, or violattion of jus cogens, are void
- Any treaty that contradicts a pre-emptory norm is void
- The limit of pacta sunt servanda and unforeseen circumstances that compromise treaty compliance are factors considered
Treaty Reservations
- Reservations allow states to modify the treaty to meet their specific needs
- This can both aid and undermine treaty effectiveness depending on the circumstance
- Reservations must comply with the treaty or risk becoming unacceptable
- Often seen in instances where treaty principles conflict with a state's legal framework
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Description
Explore the essential principles of treaties in public international law. This quiz covers the definition, significance, and the distinctions between binding treaties and non-binding agreements. Test your understanding of how treaties govern state behavior and their role in international relations.
