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Class 4.docx

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LAWS 2601
Christina Harrison Baird

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Class 4Lex lata Hard law Current lawLex ferenda Soft law Law of future UDHR is soft law though parts of it are customary and hard Pacta sunt servanda Agreements must be kept Terra nullius No sovereignty over it No clear ownership of itJus cogens No deviationderogation particular moment at which a state acknowledges intl obligation but says theyll ignore it because of an emergency from the law is permissible Non liquet The matter is not clear Judges use general principles to fill in gapsOpinio juris Subjective part of customary international law Stare decisis Stand by what has been decided Not useful in intl law Uti possidetis A doctrine by which internal administrative boundaries between colonial units governed by a single metropolitan power achieved the status of international boundaries upon decolonization Rebus sic stantibus If there is a major change in a treaty it is no longer binding A basis for terminationsuspension of treaty obligations based on radical transformation brought about by unforeseen circumstancesFurcifer Scoundrel Erga omnes Above allLife Cycle of a Treaty Vienna Convention on the Law of Treaties 1969NegotiationStates primary authors of intl law negotiate and draw up a document International Law Commission has a mandate from the General Assembly to encourage progressive development of international law and its codificationCould start from ILC or if two states decide to draw up a treatyTook 18 year for the Vienna Convention of the Law of Treaties of 1969 to be drawn upAdoption
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