POL340Y5 Lecture Notes - Lecture 9: Labor Rights, Pierre Trudeau, United Nations Convention On The Law Of The Sea
5 Apr 2015
School
Department
Course
Professor
Document Summary
A treaty shall be interpreted in good faith with apparent meaning in their context and in light of their object and purpose ergo using all three methods of interpretation, no hierarchy of means. In practice, judges interpretation is subject to the judge interpreting the treaty (can change over time as well) Article 60, 61 and 62 (of vienna convention) As a general rule, treaties are presumed to go on forever but they don"t always go on forever. Simplest (clearest) method, treaties will explicitly have in their text a termination mechanism; or will say will go on forever unless such and such happens or these parties withdraw and this is how to withdraw from the treaty . Little agreement between publicists between how significant a material breach must be and little help from courts because it is not very common. Quebec not canada because they split: or acts of god that do not allow states to perform (ie earthquakes etc)
