International Law
1. Body of rules and principles which are binding upon states in their relations
with one another.: International Law
2. Defined as: The rules which govern the following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.: Public international law
3. An international agreement concluded between states in written form and
governed by international law, whether embodies in a single instrument or in
two or more related instruments and whatever its particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public
international law subjects with the intention of creating a public international
law relationship. The agreement must give rise to reciprocal rights and duties
and must be governed by public international law.: Treaty
4. * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed: Ways of concluding a treaty
5. A state may invoke error it is assumed the following: A fact or situation
(which was) material (and) formed on the basis of consent when the treaty was
concluded and it did not itself contribute to the error; or the circumstances
were not suspicious.: Void Treaties: VC Art 48 - Error
6. A state may invoke fraud if: It was induced by fraudulent action of other
negotiating states to conclude the treaty.: Void Treaties: VC Art 49 - Fraud
7. A state may invoke corruption of there was: Direct or indirect corruption (of)
the state's representative (by) another negotiating state.: Void Treaties: VC Art
50 - Corruption
8. A state may invoke coercion where there was: Coercion of a representative
by act or threats against the representative by any person.: Void Treaties: VC
Art 51 - Coercion
9. A state may invoke force if there was: Coercion of a state by threat or use
of force contrary to the principles of international law in the Charter.: Void
Treaties: VC Art 52 - Force
10. Defined by Article 53 of the VC as:
* An obligatory rule (of)
* general international law (which is)
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, International Law
* accepted and recognized by the community of states as a whole
* a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.: Ius
Cogens
11. 1. Fulfillment of obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens: When are treaties voidable:
12. * To interpret ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.: The
court may have regard to unincorporated treaties:
13. A reservation is an offer by the reserving state to the other parties to a
multilateral treaty that the agreement between them will have certain content.-
: Definition of treaty reservations
14. First: Reservations arise only in multilateral treaties
Secondly: Treaties are consensual
Thirdly: The aim of a multilateral treaty is to get as many states as possible to
agree to as many issues as possible.: Reservations to treaties: A summary...
15. International custom, as evidence of a general practice accepted as law.
Two legs of customary international law:
1. General practice (usus)
2. Accepted as law (opinio iuris sivew necessitatis (opinio iuris)): Definition of
international custom:
16. • The practice need not be universal. Article 38 refers to general practice,
therefore a widespread acceptance by states would be sufficient (Fisheries
Jurisdiction case (1974).
• The number of states is not as important as the identity of those states. In
every activity some states' actions are more important than others. (Example:
The US and USSR played a leading role in developing the law of outer space.)
• Usage could develop between two or only a few states to form a local or
regional custom (Case Concerning the Right of Passage over Indian Territory,
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1. Body of rules and principles which are binding upon states in their relations
with one another.: International Law
2. Defined as: The rules which govern the following relations:
Between sovereign independent states.
Between sovereign independent states and organisations made up of states.
Between organisations made up of states.: Public international law
3. An international agreement concluded between states in written form and
governed by international law, whether embodies in a single instrument or in
two or more related instruments and whatever its particular designation. Or;
A treaty is an agreement, whether written or oral, concluded between public
international law subjects with the intention of creating a public international
law relationship. The agreement must give rise to reciprocal rights and duties
and must be governed by public international law.: Treaty
4. * Exchange of instruments
* Ratification
* Acceptance
* Approval
* Accession
* By any other means so agreed: Ways of concluding a treaty
5. A state may invoke error it is assumed the following: A fact or situation
(which was) material (and) formed on the basis of consent when the treaty was
concluded and it did not itself contribute to the error; or the circumstances
were not suspicious.: Void Treaties: VC Art 48 - Error
6. A state may invoke fraud if: It was induced by fraudulent action of other
negotiating states to conclude the treaty.: Void Treaties: VC Art 49 - Fraud
7. A state may invoke corruption of there was: Direct or indirect corruption (of)
the state's representative (by) another negotiating state.: Void Treaties: VC Art
50 - Corruption
8. A state may invoke coercion where there was: Coercion of a representative
by act or threats against the representative by any person.: Void Treaties: VC
Art 51 - Coercion
9. A state may invoke force if there was: Coercion of a state by threat or use
of force contrary to the principles of international law in the Charter.: Void
Treaties: VC Art 52 - Force
10. Defined by Article 53 of the VC as:
* An obligatory rule (of)
* general international law (which is)
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, International Law
* accepted and recognized by the community of states as a whole
* a rule from which no deviation is allowed (and)
* which can be altered only by another norm or rule of the same kind.: Ius
Cogens
11. 1. Fulfillment of obligations
2. Treaty Provision
3. Consent
4. Unilateral Repudiation
5. Conclusion of a new treaty
6. Breach of treaty
7. Impossibility of performance
8. Fundamental change of circumstances: Rebus sic stantibus
9. War and suspension of diplomatic/consular relations
10. Ius Cogens: When are treaties voidable:
12. * To interpret ambiguous legislation
* To test the validity of delegated legislation on grounds of reasonableness
* Where the treaty is evidence of a customary public international law.: The
court may have regard to unincorporated treaties:
13. A reservation is an offer by the reserving state to the other parties to a
multilateral treaty that the agreement between them will have certain content.-
: Definition of treaty reservations
14. First: Reservations arise only in multilateral treaties
Secondly: Treaties are consensual
Thirdly: The aim of a multilateral treaty is to get as many states as possible to
agree to as many issues as possible.: Reservations to treaties: A summary...
15. International custom, as evidence of a general practice accepted as law.
Two legs of customary international law:
1. General practice (usus)
2. Accepted as law (opinio iuris sivew necessitatis (opinio iuris)): Definition of
international custom:
16. • The practice need not be universal. Article 38 refers to general practice,
therefore a widespread acceptance by states would be sufficient (Fisheries
Jurisdiction case (1974).
• The number of states is not as important as the identity of those states. In
every activity some states' actions are more important than others. (Example:
The US and USSR played a leading role in developing the law of outer space.)
• Usage could develop between two or only a few states to form a local or
regional custom (Case Concerning the Right of Passage over Indian Territory,
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