Public International Law

Public International Law - PUBLIC INTERNATIONAL LAW Fall...

Info icon This preview shows pages 1–3. Sign up to view the full content.

P UBLIC I NTERNATIONAL L AW Fall 2006 I. SOURCES A. Scope 1. International Court of Justice (ICJ) (a) Article 38 – to resolve disputes, the ICJ shall apply: (i) treaties (ii) international custom (iii) general principles of law (iv)judicial decisions and scholarly works B. Treaties 1. Vienna Convention on Law of Treaties (VCLT) (a) Article 2 – treaty is an international agreement between states in written form, in one or more instruments, and governed by international law (b) Article 3 – treaties may be written or oral, bilateral or multilateral, for a fixed term or indefinite, and involve parties other than states 2. Parties (a) Article 6 – every state has the capacity to make treaties (b) Articles 7 & 8 – only actions of properly authorized representatives with a full powers document will bind a state, unless: (i) appears that state’s intention was to make that person its representative (ii) assumed that representative has full powers (e.g. heads of states, diplomats) (iii) state’s ex-post actions confirms the apparent authority of representative 3. Signature (a) Article 12 – if treaty provides that a state’s signature establishes the state’s consent to be bound or does not indicate that further steps are necessary after signature, then signature establishes state’s consent to be bound 4. Ratification (a) Article 14 – if treaty provides that ratification necessary after signature (e.g. state passing internal implementing legislation), then signature only reflects a non- binding commitment by the state to pursue measures necessary to ratification (b) Article 18 – between signature and ratification, a state must refrain from acts which would defeat the object and purpose of the treaty 5. Reservations (a) Article 2 – reservation is a unilateral statement made when signing or ratifying a treaty whereby it purports to exclude or modify the legal effect of certain provisions of the treaty in their application to that state (b) Article 19 – state may file a reservation unless: (i) treaty prohibits reservations (ii) treaty only permits some reservations, which do not include that reservation (iii) reservation is incompatible with object and purpose of treaty (c) Articles 20 & 21 (i) if state files a reservation to a treaty that expressly authorizes that reservation, then no acceptance by other parties is necessary, unless treaty requires it (ii) if application of entire treaty necessary to its object and purpose, then a
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

reservation requires acceptance by all the parties before reserving state a party a. Reservations to Convention on Genocide (I.C.J. 1951): reservation to court’s jurisdiction does not defeat object and purpose of treaty (iii) if the above is not applicable, then the reserving state can become a party to the multilateral treaty if one other state expressly or tacitly accepts it a. reservation only enforceable between reserving state and accepting state b. treaty enforceable between reserving state and objecting state, except for the provisions to which the reservation relates 6. Understandings v. Declarations (a)
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern