Test 1 Topics 2025 Flashcards
(88 cards)
What has been the most visible evidence of the growth of international law in the last century?
The proliferation of treaties.
What does the Vienna Convention on the Law of Treaties (VCLT) provide?
A framework capable of accommodating developments in modern treaty practice.
When was the Vienna Convention on the Law of Treaties adopted?
May 1969.
When did the Vienna Convention on the Law of Treaties enter into force?
January 27th, 1980.
What is the status of the VCLT in international law?
It now has customary status in international law.
To whom does Article 1 of the VCLT apply?
Relations between States only.
What does Article 18 of the VCLT obligate States to do?
Not to defeat the object of a treaty after signing but before ratification.
What are contracting States?
States that consent to be bound by the treaty.
What is the distinction between the conclusion of a treaty and consenting to be bound by it?
They are legally distinct acts.
What is required for the adoption of a treaty text according to Article 9?
Consent of all negotiating States, except for treaties adopted at international conferences.
What majority is required for treaty adoption at international conferences?
2/3 majority of all States present and voting.
According to Article 6, who has the capacity to conclude treaties?
Every State.
Who may legally represent a State in treaty matters, as per Articles 7 and 8?
Duly authorized representatives, including heads of State and Ministers for Foreign Affairs.
What must happen in Australia before a treaty text is submitted for signature?
It must be approved by all relevant Ministers and the Executive Council.
What are some ways States can express their consent to be bound by a treaty as per Article 11?
- Signatures
- Exchange of instruments
- Ratification
- Accession
- Acceptance
- Approval
What must be fulfilled for a treaty to be considered in force for a particular State?
It must be in force generally and have entered into force for that State.
What does Article 25 of the VCLT provide regarding provisional application of treaties?
It allows States an escape clause if the treaty does not work otherwise.
What is a reservation in the context of treaties, according to Article 2(1)(d) of the VCLT?
A unilateral statement made by a State to exclude or modify the legal effect of certain provisions of the treaty.
How does a reservation differ from an interpretative declaration?
A reservation modifies a treaty, while a declaration does not.
Under what conditions does the VCLT permit reservations?
- Article 17: Consent to be bound by part of the treaty.
- Article 19: Reservations are acceptable if the treaty permits.
Describe the concept of recognition in international law.
Government recognition involves a State acknowledging a group of persons as competent to act as the organ of the State and represent it international law.
Explain this a analogy used to describe the relationship between a State and it’s government.
The State is likened to a tree, while the government is compared to the leaves of that tree, indicating that while the State remains constant, the government can change.
Do recognition of a government and it’s legal consequences have any political implications?
Yes, recognition of a regime is a political act that carries legal consequences, such as entering diplomatic relations and the ability to bring claims in court.
How can the recognition of a government affect international relations?
Recognition can lead to significant international effects, such as diplomatic relations or the refusal to recognize a government, as seen in the USA’s stance towards the People’s Republic of China for over 20 years.
