LAW 724 Chapter Notes - Chapter 1: World Bank, United Nations General Assembly, General Agreement On Tariffs And Trade
6 Mar 2014
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Privity of contract you must be a party to the agreement to enforce your contractual rights. Process of treaty creation: nations do not enter into contracts with each other, nations enter into treaties, a treaty is a binding agreement between two+more states, convention binding agreement among states w/ involvement of international organization. Step 1: negotiate terms of treaty by representatives of national government. Step 2: draft text may or may not be signed: signature of treaty does not result in a legally binding obligation, it means that a country commits not to undermine (weaken)the principles of treaty. Step 3: ratification: required by participating countries to take effect: must be done by appropriate organ of state (ex-parliament, senate, crown) Self-executing v. non self- executing treaty a treaty to have legal effect, it must not only be signed but also be ratified. Self-executing: judicially enforceable upon ratification does not require implementing legislation to have effect in domestic law.
