15 Questions
In what case did the International Court of Justice hold that France's statement on conducting nuclear tests in the atmosphere was not intended to be a legally binding promise?
Nuclear Tests Case (Australia v. France), ICJ Rep. 1974, 253, 267–8
Who authored the book 'The Modern Law of Treaties'?
T.O.Elias
What is the title of the book written by Lord McNair on the law of treaties?
The Law of Treaties
What are some key sources for studying the law of treaties?
Harris CMIL, Restatement (Third), Lord McNair, T.O.Elias, S.Rosenne, R.Bernhardt, L.Wildhaber, S.K. Chatterjee, T.M.Franck, A.Z.Hertz, J.Klabbers, P.Reuter, E.W.Vierdag
Which article provides developments in the law of treaties from 1945–1986?
S. Rosenne, Developments in the Law of Treaties 1945–1986, 1989
According to the 1969 Vienna Convention, how is a treaty defined?
An international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments.
What is the significance of the 1969 Vienna Convention on the Law of Treaties?
It attempts to codify the customary law relating to treaties, with some provisions representing a 'progressive development' rather than a codification of the law.
In what way can a state enter into a legal obligation other than through a treaty?
A unilateral promise is binding in international law on the state making the promise, if that state intended its promise to be legally binding.
What is the role of the International Law Commission in relation to the 1969 Vienna Convention on the Law of Treaties?
The International Law Commission carried out the preliminary research and drafting of the Convention, and their commentary is a useful guide to the interpretation of the Convention.
How are the provisions of the 1969 Vienna Convention on the Law of Treaties generally applied?
The provisions mentioned in the text generally codify the pre-existing law.
What is the purpose of the law of treaties?
It is a means to an end, not an end in itself.
What is the 1969 Vienna Convention on the Law of Treaties?
It is a convenient starting-point for discussing treaties, and its provisions attempt to codify the customary law relating to treaties.
What does Article 2(1)(a) of the 1969 Vienna Convention define as a treaty?
An international agreement concluded between States in written form and governed by international law.
According to international law, when is a unilateral promise binding on a state?
A unilateral promise is binding if the state making the promise intended it to be legally binding.
What is the importance of the 1969 Vienna Convention on the Law of Treaties?
Its provisions attempt to codify the customary law relating to treaties.
Study Notes
International Court of Justice Ruling
- In the Nuclear Tests case, the International Court of Justice held that France's statement on conducting nuclear tests in the atmosphere was not intended to be a legally binding promise.
Books on the Law of Treaties
- 'The Modern Law of Treaties' was authored by McNair.
- Lord McNair wrote the book 'The Law of Treaties'.
Key Sources for Studying the Law of Treaties
- Key sources for studying the law of treaties include the 1969 Vienna Convention on the Law of Treaties.
Developments in the Law of Treaties
- Article 73 of the 1969 Vienna Convention provides developments in the law of treaties from 1945–1986.
Definition of a Treaty
- According to the 1969 Vienna Convention, a treaty is defined as an international agreement concluded between states in written form and governed by international law.
Significance of the 1969 Vienna Convention
- The 1969 Vienna Convention on the Law of Treaties is significant as it codifies the law of treaties and provides a framework for the formation and implementation of treaties.
Entering into a Legal Obligation
- A state can enter into a legal obligation other than through a treaty by making a unilateral promise that is binding on the state.
International Law Commission Role
- The International Law Commission played a role in the development of the 1969 Vienna Convention on the Law of Treaties.
Application of the 1969 Vienna Convention
- The provisions of the 1969 Vienna Convention on the Law of Treaties are generally applied by states in their treaty-making practices.
Purpose of the Law of Treaties
- The purpose of the law of treaties is to regulate the formation, implementation, and termination of treaties between states.
Definition of a Treaty under the 1969 Vienna Convention
- Article 2(1)(a) of the 1969 Vienna Convention defines a treaty as an international agreement concluded between states in written form and governed by international law.
Binding Unilateral Promises
- Under international law, a unilateral promise is binding on a state if it is clear and specific.
Importance of the 1969 Vienna Convention
- The 1969 Vienna Convention on the Law of Treaties is important as it provides a comprehensive framework for the law of treaties, facilitating international cooperation and relations between states.
Test your knowledge about the international law of treaties with this quiz covering various sources and authors such as Harris CMIL, Lord McNair, and Vienna Convention on the Law of Treaties.
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