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Case Study - Convention

Permit no derogation cannot be violated no

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Unformatted text preview: have treaty obligations to D. 4) B, C + D – treaty without the reservation is accepted. State D is still a party to the treaty. Treaty with no modifications. Weighted in favor of state who is proposing the reservation. Vienna Convention on the Law of treaties Black letter law for treaties 1969, went into force in 1980 us is not a party, cut it is consider CIL, so binding on all nation states, we operate as it is law. We use it to figure out how to use/interpret treaties. Sounds like there would be little dispute over legal obligations, but there is a lot of dispute and difference of interpretations. Def of International Treaty – international agreement between states that is written down, but we know that there are entitities other than states that can enter into treaties. The language itself doesn’t have anything about other entities that states, but this is seen as flaw. Would have been better “entities with legal personality”, but language will not be renegotiated any time soon. Bound by terms by ILAW (any treaty must be). A treaty can never go against jus congens/ preemptory norms. Vienna Convention Article 53 – pactus sunct suvanta. How you would generally define jus cogens – go beyond custom – piracy, arial hijacking, torture, genocide. By common international community,...
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