PO102 Lecture Notes - Lecture 2: Treaty On The Non-Proliferation Of Nuclear Weapons, Contract, North American Free Trade Agreement
1. Treaties
● A promise between countries, finalized in writing and signed (bilateral - 2
countries, or multilateral)
● Legally binding… but some have opt out clauses, and the interpretation of a
treaty can be debated
● We see violations: when stakes are high and penalties low
● Treaties: UN Charter, NAFTA, Nuclear Non-Proliferation Treaty
● How are treaties enforced?
○ It depends:
○ Built in enforcement rules (arbitration)
○ Look to International Court of Justice/World Court
2. Custom/Customary Law
● Comes from the actual actions of states
● Also referred to as “state practice”
● State behaviour over long stretches of time becomes accepted practice, with
sense of obligation
● Eg laws related to consular protection
● Refers to… “customary practice of states followed from a sense of legal
obligation”
● Ie some state behaviour becomes generally accepted practice, receiving the
status of law
3. General Principles of Law
● “General principles of law that are recognized by civilized nations”
● For example: general principles of fairness and justice which are applied
universally in legal systems around the world
● Similar to “natural law”
○ Belief that some acts are right or wrong
● These are legal beliefs and practices common to all developed legal systems so
become a standard of international law
● Eg “good faith”
○ Good faith: intention to abide and comply with agreement
○ Domestic courts in many countries value and assess good faith
○ Becomes a standard of international law
4. Judicial and Legal Scholarship
● The written arguments of judges and lawyers around the world
● Last resort if other sources of law have not settled the issue
○ Decisions of World Court and national courts are also considered
What about enforcement?
How does punishment for noncompliance work?
As noted earlier… states fear certain tactics used by other states
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Document Summary
A promise between countries, finalized in writing and signed (bilateral - 2 countries, or multilateral) Legally binding but some have opt out clauses, and the interpretation of a treaty can be debated. We see violations: when stakes are high and penalties low. Treaties: un charter, nafta, nuclear non-proliferation treaty. Look to international court of justice/world court. Comes from the actual actions of states. State behaviour over long stretches of time becomes accepted practice, with sense of obligation. Refers to customary practice of states followed from a sense of legal obligation . Ie some state behaviour becomes generally accepted practice, receiving the status of law. General principles of law that are recognized by civilized nations . For example: general principles of fairness and justice which are applied universally in legal systems around the world. Belief that some acts are right or wrong. These are legal beliefs and practices common to all developed legal systems so become a standard of international law.
