IL - 2 - Treaties Flashcards
who can sign a treaty
what is this called
Ratification.
state and state, not state and international organisation.
what does ratifying treaty require? 3 stages
in USA?
1 Initiating
2 Signature
3 Ratifiction
3/4 of senate agree then president signs. ie Wilson’s treaty proposal not signed.
how many treaties are there today? what are they usually?
50 000
Must be registered with the UN (but valid if not)
who is bound by a treaty?
Only binds parties
and bounds states not governments.
what else is it called, what are the differences?
Title not important
Treaty, agreement, covenant, convention, protocol, exchange of notes, pact, MOA,
is treaty valid if unfair and unequal?
yes
valid even if achieved by force, except for aggression.
IL seeks stability.
what is a Multilateral treaty?
what are exceptions called
treaty to which three or more sovereign states are parties. Each party owes the same obligations to all other parties, except to the extent that they have stated RESERVATIONS.
if they all agree and one doesn’t all must respect the one who doesn’t.
how do you terminate a treaty? 4 ways
examples
1 If stated in treaty
2 by agreement (like the NPT)
3 fundamental change of circumstance
4 material breach by one party allows other to terminate (small breach not important, ESSENCE of the violation is imp)
cannot terminate from Geneva convention
relationship between treaty and custom?
example
custom can become codified into a treaty.
tratey can become custom with no codification, Hague Geneva convention.
what if there are 2 treaties?
the new one overrules the old one.
what is Unilateral undertaking?
when all states follow something.
Hague rules signed in 1907 by 30 stated, those who didn’t sign followed it anyway, ie GR. internationally binding.
