TREATIES

Lecture 6 January 26

ASSIGNMENT Wednesday, Jan.28 Finish Gabcikovo Case Eastern Greenland Case SHORT QUIZ Feb. 2 10 minutes - 5 multiple choice questions REMEMBER DEADLINE FOR TOPIC FOR RESEARCH PAPERS IS Friday 6, sign-up sheet on my desk Wednesday, March 4 Guest Speaker Adjunct Professor David Akerson - Add it to your syllabus TODAY Finish Genocide Case Finish examining VCLOT

Clickers
5 extra points on top of grade 1) 12/12 5pts. 2) 10/12 4pts. 3) 8/12 - 3pts. 4) 6/12 - 2pts. 5) 4/12 - 1pt.

TREATIES
Vienna Convention on the law of treaties Principles of: - Formation - Interpretation - Amendment - Termination
ADD THE PROVISIONS FROM THE VIENNA CONV.

 How do you enter into a treaty

FORMATION 1. Exchange of full powers 2. Negotiate and adopt the text 3. Sign 4. Ratify (US law: after Senate Advice + Consent) 5. Entry into force unlike a contract it ensures that an agreed-upon minimum ratify the treaty.

The Reservation to the Genocide Convention Case

Advisory opinion 1.Can the State that made the reservation still be a Party to Convention if some other Parties objected to the reservation and some did not 2. If answer to Quest. No.1 is affirmative what is the effect of the reservat. Between the reserving State and a) the Party which objected to it b) the Parties that accepted it

The Reservation to the Genocide Convention Case (continued)

Answer to Questions 1. It depends: a. - if the reservation is compatible with the object and purpose of the Genocide Convention then YES, the reserving state can be considered a party to the Conv. b. if it is not compatible with the object and purpose of the Genocide Convention then NO 2. a. the Party which object to it can consider the reserving state as not being a party to the Convention b. the Party which accept the reservation can consider the reserving state as being a party to the Convention

Treaties - Additional
Formation (continued) - reservations at the ratification stage Observance and Interpretation - Pacta sunt servanda - Internal law/ municipal law - Non-retroactivity of treaties - General rule of interpretation Amendment Termination