QUICK NOTES

QUICK NOTES - -1QUICK NOTES INTERNATIONAL LAW INTERNATIONAL...

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QUICK NOTES – INTERNATIONAL LAW INTERNATIONAL TREATY LAW o Treaties can be known by other names in international law and they would still be treaties but in the US “treaties” are those international agreements that require the advice and the consent of the senate before the US may become party to it. o VCLT codifies treaties to a large extent and it is now generally accepted that most of its provisions are declaratory of the customary international law. o Treaties are agreements governed by international law. but if an agreement is governed by national law (or if the parties had so intended) then such an agreement would not be a treaty. There is a presumption of an international agreement being a treaty but this can be rebutted by showing that it is governed by national law. Art 2(1)(a) of VCLT defines treaty as “international agreement concluded between states in a writing form and governed by international law”. This does not exclude other international agreements between other international entities. Also a treaty does not always need be in writing in order to be valid and enforceable under international law. Requirements under VCLT- States must be parties (no private persons, natural or juridical). Agreement must be governed by int’l law, and must be in writing. But, what is an int’l agreement? Requires no consideration, so it may be wholly unilateral. Generally does not constitute a contract between two states that is commercial in nature that is intended to be governed by some national or other body of contract law. Int’l agreement is intended to be legally binding and to have legal consequences. o Examples Treaties: US-Japan FCN Treaty, Economic Cooperation Agreement - look to text, obligations, intent of parties to be bound Not treaties: Helsinki Accord, G-7 Declaration –failure to comply is not necessarily unlawful, these are political instruments but not treaties o Article 9 & 10 VCLT- adoption of the text of treaty requires the consent of all the participating states except in international conferences treaties are adopted by 2/3 rd majority of the states present and voting unless otherwise agreed between the states. Authentication of the text of the treaty takes place as per Art 10 VCLT. o Entry into force of treaties- bilateral treaties enter into force when both states give their consent whereas multilateral treaties enter into force when the requisite number of state parties give their consent to the same. o Consent to be bound by treaty- 1. Article 11 VCLT- consent might be expressed by signature, exchange of instruments constituting treaty, ratification, acceptance etc. . 2. Article 12 VCLT- consent to be bound expressed by signature. Ratification provisions contained in
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QUICK NOTES - -1QUICK NOTES INTERNATIONAL LAW INTERNATIONAL...

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