3 : The law of treaties

Question 1

Different sources of IL in Art. 38 ICJ Statute ? (4)

Answer 1

1/ international conventions
2/ int custom
3/ general principles of law (primary sources)

4/ judicial decisions and teachings of the most highly qualified publicists of the various nations (subsidiary means)

( ! ) no hierarchy between primary sources

Question 2

3 Vienna Conventions on the law of treaties ?

Answer 2

1/ VCLT between States (1969)

2/ Vienna Convention on Succession of States in respect of Treaties (1978)

3/ VCLT btwn States and IOs (1986) - not in force yet

Question 3

Signification of treaty in Art. 2 VCLT ? (4)

Answer 3

1/ int agreement
2/ concluded btwn States
3/ written form
4/ governed by IL

Question 4

Basic principles underlying VCLT ? (4)

Answer 4

1/ preserves application of other int legal regimes to treaties

2/ safeguards continuing application of CIL obligations

3/ safeguards State sovereignty (freedom to opt out, consent to be bound)

4/ restricts State sovereignty for common interest (pacta sunt servanda, obligation not to defeat object & purpose, reservations only allowed if not prohibited, strict conditions for termination & suspension, jus cogens)

Question 5

Procedure of treaty conclusion ? (5)

Answer 5

1/ negotiation
2/ drafting
3/ signature
4/ domestic process
5/ ratification

Question 6

Characteristics of a reservation ? (3)

Answer 6

1/ unilateral statement
2/ made by a State
3/ by which it purports to exclude or modify the legal effect of certain provisions in their application to that State

Question 7

What do reservations need to be distinguished from ?

Answer 7

interpretative declarations

Question 8

3 possibilities regarding the formulation of a reservation ?

Answer 8

1/ permitted by treaty => automatically accepted by other States parties

2/ prohibited by treaty

3/ not determined by treaty => depends on object + purpose of treaty => considered accepted unless objection within 12 months

Question 9

3 legal effects of reservations ?

Answer 9

1/ btwn reserving & accepting State : reservation modifies treaty relations

2/ btwn reserving State & objecting State : reservation does not apply

3/ btwn accepting State & objecting State : no effects on the treaty relations of other parties inter se

Question 10

How should a treaty be interpreted according to Art. 31 VCLT ? (2)

Answer 10

1/ in good faith

2/ in accordance with the ordinary meaning to be given to the terms of the treaty in their context & in the light of its object and purpose

Question 11

Relative grounds of treaty invalidity ? (3)

Answer 11

1/ error
2/ fraud
3/ corruption of a representative of a State

Question 12

Absolute grounds of treaty invalidity ? (3)

Answer 12

1/ coercion of representative of a State
2/ coercion of a State (threat or use of force)
3/ violation of jus cogens norm

Question 13

Principal grounds for treaty termination/suspension ? (3)

Answer 13

1/ material breach of a provision essential to the accomplishment of the object or purpose of the treaty
2/ supervening impossibility of performance
3/ fundamental change of circumstances (not foreseen, essential basis of the consent, radically transform extent of obligations still to be performed)