Lesson 6/7/8 Flashcards

Question

What is a non-regulatory international agreement?

Answer 1

(1) Held by the state, government, organs of the General Adm. of the State, Autonomous Communities, Universities, etc. (2) good faith (3) does not generate international obligations nor is governed by international law

Answer 2

(1) Direct application or “self executing”: rules of clear, precise and unconditional writing that can be applied immediately by the powers of the state (2) Indirect application or " non self executing ": rules that require the approval of relevant laws or regulations, immediate application is not allowed

Answer 3

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: (1) international conventions , whether general or particular, establishing rules expressly recognized by the contesting states; (2) international custom, as evidence of a general practice accepted as law; (3) the general principles of law recognized by civilized nations

Answer 4

judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Answer 5

(1) Negotiation (2) Adoption (3) Authentication (4) The Manifestation of Consent

Answer 6

ILC - body of experts responsible for helping develop and codify international law

Answer 7

initiate studies and make recommendations for the purpose of ... encouraging the progressive development of international law and its codification

Answer 8

signature and 10 VCLT

Answer 9

Art. 11 The consent of a State to be bound by a treaty may be expressed by signature, exchange of instruments constituting a treaty e.g . diplomatic notes)notes), ratification, acceptance, approval or accession, or by any other means if so agreed. Art. 12-17 VCLT also.

Answer 10

consent to be bound expressed by signature

Answer 11

consent to be bound expressed by an exchange of instruments constituting a treaty

Answer 12

consent to be bound expressed by ratification, acceptance or approval

Answer 13

consent to be bound expressed by accession

Answer 14

consent to be bound expressed by exchange or deposit of instruments of ratification, acceptance, approval or accession

Answer 15

The institution of ratification grants states the necessary time frame to seek the required approval for the treaty on the domestic level to enact the necessary legislation to give domestic effect to that treaty

Answer 16

depositary

Answer 17

Bilateral treaties : each p arty is left with an authenticated copy of the treaty Multilateral treaties, a depositary ” is appointed, which will retain the authenticated text of the treaty and centralize all notifications

Answer 18

The depositary may be a state or more states ) or an international organization

Answer 19

One of the functions of the depositary is to "register" the treaty with the UN S ecretariat once the treaty has entered into force

Answer 20

function of a depositary

Answer 21

To promote a greater degree of transparency in the conduct of international relations + provid e a comprehensive source of international agreements for practical and research purposes

Answer 22

UN Secretariat

Answer 23

Registration and publication of treaties

Answer 24

Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.

Answer 25

Art. 19-23

Answer 26

Unilateral declaration made by a State when giving its consent to an international treaty with the intention of excluding or modifying the legal effects of certain provisions of the international treaty

Answer 27

1. The reservation is prohibited by the treaty e.g . Statute of the International Criminal Court) 2. The treaty provides that only specified reservations are permitted , which do not include the reservation in question implicit prohibition ) 3.The reservation is incompatible with the object and purpose of the treaty comaptibility test what is the object & purpose of a treaty ?)

Answer 28

A reservation must be put into writing and then sent to either the depository of the treaty, in the case of a multilateral treaty, or directly to the other s tates party to the treaty

Answer 29

yes, at any time.

Answer 30

accept or object

Answer 31

a) Tacit / implicit acceptance b) Express / explicit acceptance

Answer 32

a) simple (reservation does not apply between them, still a member of the treaty) b) qualified (no relationship between the objecting and reserving state, objecting state does not consider the reserving state as a party to the treaty)

Answer 33

effect on space

Answer 34

(1) space (2) time (3) respect to states parties (4) respect to third states

Answer 35

(1) In force in the manner and on the date provided for in the treaty. (2) If it says nothing, consent of all negotiating states (3) In multilateral treaties : ratification is usually required (4) General / particular entry into force

Answer 36

Convention Against Torture

Answer 37

Application of the principle Pacta Sunt Servanda: every treaty in force is binding on the parties and must be performed in good faith

Answer 38

general rule: a State party may not invoke the rules of domestic law to justify non compliance with an international treaty

Answer 39

General principle of the relative effect of treaties: a treaty does not create obligations or rights for a third State without its consent

Answer 40

a treaty does not create obligations or rights for a third State without its consent

Answer 41

treaties establishing obligations for third parties

Answer 42

treaties granting rights in favor of a third State

Answer 43

treaties that have their origin in an international custom

Answer 44

to determine the meaning and scope of the terms and clauses used in a legal business or in a rule

Answer 45

1) preparatory work 2) historical context

Answer 46

1) According to methodology 2) According to the body 3) According to results

Answer 47

1) direct application (self-executing) 2) indirect application (non-self-executing)

Answer 48

◦ Principle of binding treaties: Pacta sunt servanda ◦ Principle of freedom of consent of States

Answer 49

* coercion against a State representative; coercion against the State as a whole; incompatibility with jus cogens * any state party to the treaty can invoke the invalidity of a treaty

Answer 50

* error, fraud, corruption, manifest violation of internal law, restriction of powers of the State representative that concluded the treaty * can only be invoked by the state that has been the victim and can be amended

Answer 51

(1) The provisions of a null treaty have no legal force (2) The parties may demand a return to the status quo as far as possible (3) Acts of good faith will not be unlawful

Answer 52

* the parties must eliminate any act performed based on the provisions that incur nullity * Adjust their mutual relations to the peremptory norm

Answer 53

* By common will of the parties * Denunciation or withdrawal * Termination at the initiative of a party motivated by specific causes

Answer 54

* It exempts the parties from continuing to comply with the treaty * It shall not affect rights acquired during the term of the Treaty

Answer 55

* In accordance with the provisions of the treaty * At any time by consent of all parties

Answer 56

◦ It is provided for by the treaty ◦ By the will of the parties

Answer 57

◦ Simple (express agreement between parties, if it follows from a later treaty) ◦ As an alternative to termination (temporary impossibility of compliance, fundamental change of circumstances, violation of the treaty by a party)

Answer 58

 Temporary character  It exempts the parties from complying with the treaty during the suspension  It does not affect the legal relations established by the treaty  The parties shall refrain from any action which might impede the resumption of the application of the Treaty.

Lesson 6/7/8 Flashcards

(89 cards)