International Law- Assignment 1- Reservations

International Law- Assignment 1- Reservations - The extent...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
The extent to which Ruritania, Lusitania, Motherhood, Applebee, Isola, and Orwellia are bound by the provisions of the treaty banning all forms of racial discrimination depends on several questions: --Does Ruritania's signature of the Convention, create (use thesaurus) any binding legal obligations, absent ratification? --Is Lusitania's reservation concerning the exclusion of the Argots from their treaty obligations inconsistent with the object and purpose of the treaty as Motherhood and Applepie suggest? --If the answer to the second question is in the affirmative, is Lusitania still a party to the Convention and if so, which provisions is it legally obliged? --Does Isola's interpretative declaration excluding it's linguistic minorities from it's treaty obligations constitute a reservation and if so, is this reservation permissible under Article 19 of the VCLT? -- Is Orwellia's reservation, which excludes its obligations under Article 9 of the treaty, permissible under Article 19 of the VCLT? --Do objections to the reservations of Lusitania and Orwellia and to the statement/interpretative declaration of Isola allow Motherhood and Applebie to disregard these dissensions and simply follow their legal obligations according to the original treaty? These questions will be dealt with in turn in an attempt to ascertain the extent to which each of the aforementioned states are bound by the provisions of the Convention. ------------------------------------------------ Legal Obligations of Ruritania After Signing Treaty (without ratification) The extent to which Ruritania is bound by the racial discrimination treaty after submitting its signature, yet in the absence of ratification, can be determined by turning to the Vienna Convention on the Law of Treaties (VCLT), which is declaratory of customary international law on the matter. According to Article 18 (a) of the VCLT, a state is "obliged to refrain from acts which would defeat the object and purpose of a treaty" once it has signed the convention. Such an obligation is effective until the state either ratifies the treaty, therefore becoming legally bound by the treaty in it's entirety, or the "state makes its intention clear not to become a party". An
Background image of page 1

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

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 09/04/2010 for the course GOVT 380 taught by Professor Tannenwald,n during the Spring '07 term at Cornell University (Engineering School).

Page1 / 3

International Law- Assignment 1- Reservations - The extent...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online