The law of treaties
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The law of treaties. Lecturer: Jiang he. Introduction. The significance of treaties in int’ law The mechanics of treaties The VCLT 1969 The VCS 1978 The VCIO 1986. Concept of Treaty. Definition in the Vienna Conventions

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The law of treaties

The law of treaties

Lecturer: Jiang he


Introduction
Introduction

  • The significance of treaties in int’ law

  • The mechanics of treaties

  • The VCLT 1969

  • The VCS 1978

  • The VCIO 1986


Concept of treaty
Concept of Treaty

  • Definition in the Vienna Conventions

  • An expression of concurring wills (forms, verbal/oral, Legal Status of Eastern Greenland , and its registration)

  • concurring wills attributable to two or more parties

  • subjects of international law (the problem of municipalities or public institutions. )

  • an intention to produce legal effects

  • legal effects under pubic international law


Conclusion and entry into force
Conclusion and Entry into force

  • Treaty-making competence

  • Negotiation of treaties

  • Adopting and signing of treaties

  • Expression of Consent (ratification)

  • Accession and adhesion

  • Entry into force and Registration


Reservation of treaties
Reservation of Treaties

  • Definition of Reservation

  • Reservation and interpretative declaration

  • Practice and theories concerned (integrity or universality)

    A. traditional rule B. co-existence of rules

    C. pan-American Union D.developing countries

    E. case study F. The Vienna Convention

  • Acceptance of and objection to reservations

  • Legal effects of reservations and of objections to reservations


The effects of treaties
The Effects of treaties

  • pacta sunt servanda (definition and its significance)

  • Non-retroactivity of treaties (GATT)

  • Territorial application (dependencies)

  • Successive treaties

  • Treaties and third party (objective regimes, customary international law, and Erga omnes )


Treaty interpretation
Treaty interpretation

  • Introduction to treaty interpretation

  • Main approaches/methods and rules

  • The rules of The Vienna Convention

    A. Good faith B. Ordinary meaning

    C. Special meaning D. Context , object and purpose E. Supplementary means


Introduction to treaty interpretation
Introduction to treaty interpretation

  • On its definition (confusing terms)

  • effects, application and interpretation

  • Necessity for legal interpretation

  • concretization, legal unity,accommodation with the times

  • The attributes of treaty interpretation and its significance in international law

  • Subjects of treaty interpretation


Methods and rules
methods and rules

  • Main methods and respective theories

  • (a)the “objective” method (b)the “subjective” method

  • (c)the “teleological” method

  • Distinction between methods and rules

  • Rules in the Vienna Convention and case study

  • Art. 31 and Art.32, “pitch and tar”case, WTO agreements,the shrimp case,

  • The principle of good faith and less obligation of the sovereign states


Invalidity of treaties
Invalidity of treaties

  • Non-compliance with internal law requirements

  • Error (Article 48)

  • Fraud and corruption (Article 49and Article 50)

  • Coercion (Article 51 and Article 52)

  • Unequal treaties (GPT Problem)

  • Jus Cogens (Article 53 )

  • The effect of invalidity of treaties


Termination of suspension of and withdrawal from treaties
Termination of, suspension of and withdrawal from treaties

  • By consent

  • Material breach

  • Supervening impossibility of performance (the doctrine of force majeure)

  • Fundamental change of circumstances

  • Other possible grounds (severance of diplomatic relations and in case of war )

  • The effect of termination or suspension of treaties


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