PSY 005 Lecture 38:
12 Sep 2020
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Lecture 2 sources ii jurisdiction and immunities. Treaty: an international agreement concluded between states in written from and governed by international law, art. Created via signature, ratification, entry into force. Consent, treaties of limited duration, breach, fundamental change of circumstances. Steps: definition: see whether it is actually a reservation, whether it is permitted: art. The treaty usually specifies whether it is permitted or not: the responses of the states: art. Small difference: state accepts the reservation: the provision is then modified (legal effect: modification, object: the matter of the reservation is excluded (legal effect: exclusion) Practically: the effect would be the same. 38(1)(b): international custom, as evidence of a general accepted as law. In order to assess them: scholarly interpretation and case law. Two elements are needed for custom: state practice (objective) and opinio iuris (subjective). State practice: extent (how many states, duration, general, consistent, and virtually uniform. Opinio iuris: the belief that the conduct in question is legally required.
