PUBLIC INTERNATIONAL LAW
,C2 : TREATY LAW
codification Vienna convention on the Law of Treaties VCLT
definition international agreement concluded between states in written form and governed by IL art 2
< agreement
< concluded between subjects UL : states (VCLT) / other subjects (CIL) art 6
= treaty-making power under IL :
!! EU : competence of units based on in foro intern, in foro externo
< intent to create legal effects
≠ memorandum of understanding
< international law
≠ particular form requirement
< express agreement : written or oral
< tacit agreement : acts or deeds
!! preference written agreement (VCLT)
≠ name
types law-making application of rules does not depend on reciprocity
contractual mutual rights and obligations based on reciprocity
constitutional establishment IO and rules for governance, MS and functions
VCLT applies without prejudice of relevant rules to the IO art 5
bilateral 2 parties (states or IOs)
multilateral 3(+) parties (states or IOs)
2
,conclusion drafting
< negotiation : authority to negotiate based on full powers 2+7
< adoption : agreement with the final text (form and content) by 2/3 parties 9
< authentication : establishing final text though initialing/signing or other procedure 10
expression of the consent to be bound (bilateral vs multilateral context) 11 + 16
< signature : definitive (authentication + expression) ⟷ simple (subject to ratification) 12
interim obligation : refrain from acts which would defeat the object and purpose 18
(expressed consent, but still subject to ratification), e. i. good faith principle
< ratification : state has signed the treaty and mad its consent subject to ratification 14
< acceptance / approval : announcement that domestic requirement are fulfilled 14
< accession : state becomes party to treaty already negotiated and signed by others 15
< other means (agreed upon)
!! internal procedures : constitutional requirement rather than IL parliamentary consent
Cameroon v Nigeria case
reservations (multilateral context)
= unilateral statement (…) to exclude or modify the legal effect of a certain provision 2
< formulated in writing 23
< permitted unless irreconcilable with object and purpose (in case of silent treaties)
Genocide Advisory Opinion
< explicit or tacit acceptance by other parties (entirety might be condition of consent) 20
1. authorized by treaty : no subsequent acceptance required (unless treaty says so)
2. application in entirety as essential condition of consent (states / object / purpose) :
reservation requires acceptance by all the parties
3. constituent instrument IO : required acceptance of the competent organ of IO
4. other cases (without treaty provisions) :
a. acceptance makes the reserve in state a party to the treaty
b. objection does not preclude the entry into force (unless intended)
!! tacit acceptance : no objection within period of 12 months 20 (5)
!! limitations (3) : reservations are valid unless 19
< prohibited by treaty
< treaty only allows specified reservation
< incompatible with object and purpose of the treaty (Genocide)
3
, 4
,C2 : TREATY LAW
codification Vienna convention on the Law of Treaties VCLT
definition international agreement concluded between states in written form and governed by IL art 2
< agreement
< concluded between subjects UL : states (VCLT) / other subjects (CIL) art 6
= treaty-making power under IL :
!! EU : competence of units based on in foro intern, in foro externo
< intent to create legal effects
≠ memorandum of understanding
< international law
≠ particular form requirement
< express agreement : written or oral
< tacit agreement : acts or deeds
!! preference written agreement (VCLT)
≠ name
types law-making application of rules does not depend on reciprocity
contractual mutual rights and obligations based on reciprocity
constitutional establishment IO and rules for governance, MS and functions
VCLT applies without prejudice of relevant rules to the IO art 5
bilateral 2 parties (states or IOs)
multilateral 3(+) parties (states or IOs)
2
,conclusion drafting
< negotiation : authority to negotiate based on full powers 2+7
< adoption : agreement with the final text (form and content) by 2/3 parties 9
< authentication : establishing final text though initialing/signing or other procedure 10
expression of the consent to be bound (bilateral vs multilateral context) 11 + 16
< signature : definitive (authentication + expression) ⟷ simple (subject to ratification) 12
interim obligation : refrain from acts which would defeat the object and purpose 18
(expressed consent, but still subject to ratification), e. i. good faith principle
< ratification : state has signed the treaty and mad its consent subject to ratification 14
< acceptance / approval : announcement that domestic requirement are fulfilled 14
< accession : state becomes party to treaty already negotiated and signed by others 15
< other means (agreed upon)
!! internal procedures : constitutional requirement rather than IL parliamentary consent
Cameroon v Nigeria case
reservations (multilateral context)
= unilateral statement (…) to exclude or modify the legal effect of a certain provision 2
< formulated in writing 23
< permitted unless irreconcilable with object and purpose (in case of silent treaties)
Genocide Advisory Opinion
< explicit or tacit acceptance by other parties (entirety might be condition of consent) 20
1. authorized by treaty : no subsequent acceptance required (unless treaty says so)
2. application in entirety as essential condition of consent (states / object / purpose) :
reservation requires acceptance by all the parties
3. constituent instrument IO : required acceptance of the competent organ of IO
4. other cases (without treaty provisions) :
a. acceptance makes the reserve in state a party to the treaty
b. objection does not preclude the entry into force (unless intended)
!! tacit acceptance : no objection within period of 12 months 20 (5)
!! limitations (3) : reservations are valid unless 19
< prohibited by treaty
< treaty only allows specified reservation
< incompatible with object and purpose of the treaty (Genocide)
3
, 4
