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Flashcards in Treaty Obligations Deck (6)
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1

Cameroon v Nigeria

Key Words: Invalidity; A46

Facts: Nigerian head of state signed treaty without having unlimited powers

Ratio: General presumption is that he does

2

Temple Case

Key Words: Invalidity, A48

Facts: Boundary line on annexed map wrong

Ratio: Did not vitiate consent - party contributed to the error

3

The Genocide Convention Case

Key Words: Reservations

Ratio: Reservation in force between reserving state and those accepting it
State objects OR not compatible with object and purpose = not party to convention

4

Belilos 1987

Key Words: Reservations; Justifying Gen Comm 24

Facts: Complaint against Switzerland - violate right to fair trial; Reservation from certain class of administrative hearings

Ratio: ECHR applied severing mechanism (NB: Swiss counsel acknowledged during oral argument that they would prefer severance)

5

Loizidou 1995

Key Words: Reservations; Justifying Gen Comm 24

Facts: Turkey's restriction on territories where Commission was competent - struck down on object and purpose test

Ratio: Special character of convention = Turkey still part - all other parties unconditionally accepted competence

6

Vienna Convention 1969

A2- Definitions
A7-8 - Authority
A11-15 - Signing and Accession
A19-20- Reservations
A31-33 - Interpretation
A34-8 - Third Parties
A39-41 - Amendment and Modification (Incl Invalidity)
A54-62 - Termination and Suspension