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Reference Guide

Permachart - Marketing Reference Guide: Multilateral Treaty, European Economic Community, Statute Of The International Court Of Justice

4 pages1045 viewsFall 2015

Department
Commerce
Course Code
COMM 404
Professor
All
Chapter
Permachart

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APPLICATIONS
International Law
International Law
permacharts.com
DESCRIPTION
FUNCTION
APPLICATION
• Deals with conduct of states and international
organizations, their relations inter se, and some
relations with persons
• International organizations and persons are subject to
rights under international law
TREATIES
STRUCTURE
• Codified in Vienna Convention
on the Law of Treaties (1969)
• Consent may occur via various
methods (that is, signature,
ratification)
RESERVATIONS
• Unilateral statements made by
state (when signing, ratifying,
accepting, approving, or acceding
to treaty) where it seeks to
exclude or modify legal effect of
some treaty provisions in
application to that state
(Convention art. 2(d))
• Attempt to amend treaty pro tanto
the reservation as between itself
and involved parties
• Contrast to state understanding
or declaration
• Acceptance of reservation in
bilateral treaty leads to its
amendment; in multilateral treaty,
some states must be willing to
accept it (limitations)
• States are free to adhere to treaty
with reservations; excludes treaty
that prohibits reservations, treaty
that allows only certain types of
reservations, and reservation that
is not compatible with treaty’s
object and purpose (Convention
art. 19)
• Attempt to join treaty with
reservation equals proposal to
modify treaty’s terms between
parties to agreement
• Reservation expressly authorized
by treaty does not require
acceptance
• Reservation must be accepted by
organization where treaty is its
constituent instrument
OBSERVANCE
• Every treaty in force is
binding upon its parties and
must be performed in good
faith (Convention art. 26);
domestic law is not a
defense to non-performance
• Binding on each party in
respect to its entire territory
(Convention art. 29); federal
state clauses may place limits
on obligations
INVALIDITY
• May be invalidated as contracts
(such as factual error, fraud,
corruption, duress); void ab initio
if, at time of entrance, it conflicted
with peremptory norm of general
international law (Convention arts.
48-53)
• States are free to enter into
agreements which change usually
applicable rules of customary
international law; excludes rule of
jus cogens
• States may only void performance
if treaty violation of domestic law
was manifest and rule of internal
law was of fundamental
importance
• Treaty may be suspended,
withdrawn from or terminated
by state that follows terms of
treaty which allow it (Convention
arts. 54, 57)
• Suspension or termination is
allowed where there is a material
breach of treaty
• Fundamental change in
circumstances and impossibility of
performance may be grounds for
termination or withdrawal
• Treaties of a humanitarian
character may not be suspended
solely due to the fact that other
party has breached its treaty terms
SOURCES
PRIMARY SOURCES
Article 38(1) of the Statute of the International Court
of Justice (ICJ) applies to disputes which come before
the ICJ
• Applies to international conventions (whether general
or specific) establishing rules recognized by contesting
states; international custom generally accepted as law;
general principles of law accepted by civilized parties;
and judicial decisions (as well as teachings) of highly
qualified publicists of various nations
SECONDARY SOURCES
• Existence of a rule may be proved by reference to
subsidiary means of evidence (that is, judicial
decisions, views of duly qualified publicists)
• Decisions of the ICJ are deemed as most authoritative
judicial decisions
• States usually apply the law in diplomatic relations,
negotiations, and policy making
• Defend actions and policies through reference and
challenge conduct of other states in reliance of law
• Violations are treated as they would be under
domestic law
• Violations on domestic plane are dealt with by courts
and administrative agencies; rules vary on international
plane
• Enter into international force when
parties agree to be bound by
agreement by set date
• Provision requires set number of states
to accept treaty before coming into force
Ordinary meaning of terms in text of
agreement should be followed; special
meanings may apply as necessary
• Treaty must be interpreted as a whole;
context covers several areas (that is, may
apply to previous or subsequent treaties
• No creation of obligations or rights for
third party without their consent;
various situations may exist (Convention
arts. 34-36)
• State’s international rights and obligations are superior
to any rights and duties provided under domestic law
• Domestic constitutional law does not overrule
international law in the international plane
Domestic Not a legal system, but a branch of it;
invoked when the situation requires it
International Invoked and applied daily by states
and intergovernmental organizations;
considered a distinct legal system
Treaties International agreements concluded between states (in written
form) and governed by international law
Bilateral Originate in foreign ministry of one party; discussions precede
Treaties draft texts, which go through negotiation until accepted
Multilateral (Involving many states) drafted at diplomatic conferences
Treaties (bilateral similarities); represented by delegations of advisers
Conventional Arises from international
International Law agreements
Customary Develops from state practice (that
International Law is, official government conduct)
The International
Composed of distinguished
Law Commission
lawyers
from around the world;
(ILC) authoritative conclusions
Resolutions and (From intergovernmental
Related Acts international organizations) are
strong examples of evidence
l e a r n r e f e r e n c e r e v i e w
TM
permacharts
INTERNATIONAL LAW • A-836-21© 1996-2011 Mindsource Technologies Inc.
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