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E-: VCLT

27 important questions on E-: VCLT

By which two seperate mechanisms is the Law of Treaties governed?

VCLT
Customary International Law

Which provisions are part of customary international law?

Provisions governing treaty interpretation, material breach and fundamental change of circumstances are all part of customary international law.

Why is the scope of the VCLT limited?

VCLT is only about between state treaties
VCLT does not contain any provisions on state succession to treaties (that is, when a new successor state forms and replaces a predecessor state)
Treaties may be affected by various factors, such as situations of armed conflict, but the VCLT is silent on such effects.

What is " a material breach " of a treaty (60 VCLT)?

A material breach is a breach concerning a provision essential to the accomplishment of the object and purpose of that treaty.

What signifies the distinction between formal international instruments and informal international instruments?

The intention of creating legal (international) obligations

Can states make a reservation on bilateral treaties?

No, reservations are only relevant to multilateral treaties. Should a state propose a reservation to a bilateral treaty, it is considered merely a proposal for re-negotiations.

In which case has the object and purpose of a treaty been addressed by the ICJ?

Rservations to Genocide Advisory Opinion

In which two categories can declarations be divided?

Interpretative declarations
Qualified interpretative declarations

What is an interpretative declaration?

Declaration about its understanding/interpretation of the matter contained in a treaty. Could constitute a reservation (depending on the effect).

What is a qualified interpretative declaration?

A qualified interpretative declaration is not so much an informal interpretation of (part of) the treaty, but rather a condition for the acceptance of the treaty by the 'declaring' state. The state, thus, indicates that it does not consider itself bound by interpretations of the treaty that do not correspond with its qualified interpretative declaration.

When could a declaration be legally binding/ a reservation?

When the intention is to be legally binding

When may an objecting state that objects a declaration of another state prevent the treaty from entering into force?

When the declaration is a reservation and/or incompatible with the object and purpose of the treaty. However, if the objecting State intends that the treaty doesn't enter into force between itself and the reserving state, it should specify it in the objection (normally states don't do that, because they don't want that).

What does it mean when an objecting state requests that a declarant "clarify" its intention?

It gives the declarant state a chance to agree that it has formulated a reservation (and either withdraw its reservation or confirm that it is only a declaration)

What is the underlying reason for the principle of good faith?

The underlying reason for this principle is that states possess full sovereignty and are in no way obliged to enter into treaty obligations with each other. The fact that states enter into treaty relations out of their free will indicates that they will perform their treaty obligations in good faith; otherwise, entering into such obligations, in the first place, would be irrational.

In what three categories can the rules of treaty interpretation be categorized?

Objective/textual approach: exact meaning of text
Subjective approach (historical): interpretation and intention of parties
Teleological approach: object and purpose of the treaty

Which cases concern the mixed approach of the rules of treaty interpretation? (art. 31 VCLT)

Tyrer case and LaGrand case

When may a court or tribunal turn to the supplementary means of interpretation of treaties?

The supplementary means of interpretation are solely invoked in case the application of Article 31 VCLT has not led to the desired result. (art. 32 VCLT)

What is 'the living instrument doctrine' from the ECtHR?

This doctrine requires interpreting the ECHR in light of present-day conditions in the face of pan-European consensus. This means that the rights in the convention can vary depending on the context. (Textual/teleological approach)

Which case gives the ROL of the living instrument doctrine and what is that ROL?

Tyrer case: a treaty is a living instrument and should be interpreted in the light of the present-day conditions.

What is the 'doctrine of effectiveness' - by the European Court of Human Rights?

Thus, the Court has ensured that Contracting States cannot simply prohibit conduct that impinges on Convention rights. Instead, in a given case, Contracting States are under an obligation to take positive action to ensure the effectiveness of the relevant rights.

What does art. 42 VCLT state regarding to the validity and continuance of a treaty?

The validity and continuance in force of a treaty may only be questioned in accordance with the provisions of the VCLT.

What are peremptory norms?

The highest substantive norms of public international law = jus cogens norms

In which case has it been affirmed that the rules on termination of treaties are considered to be part of customary international law?

In the Namibia Advisory Opinion

What must be taken into account when determining whether parties may terminate the treaty?

The intent of the parties: has the termination of the treaty been envisaged by the parties?

What grounds for termination of a treaty are there?

Terminate or suspend a treaty by consent of the parties
Terminate or suspend a treaty in accordance with specific provisions included in that particular treaty
When a treaty itself has included an end date or when object or purpose treaty has been fulfilled
When there is a material breach
When there s supervening impossibility of performance
Fundamental change of circumstances

In which case the ICJ ruled that primary and secondary rules of PIL are two seperate categories and thus cannot be in conflict?

Jurisdictional Immunities of States case

In which case the secondary rules about the jurisdiction of the ICJ prevented the primary rules to be invoked?

DRC v. Rwanda

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E-: VCLT

27 important questions on E-: VCLT

By which two seperate mechanisms is the Law of Treaties governed?

Which provisions are part of customary international law?

Why is the scope of the VCLT limited?

What is " a material breach " of a treaty (60 VCLT)?

What signifies the distinction between formal international instruments and informal international instruments?

Can states make a reservation on bilateral treaties?

In which case has the object and purpose of a treaty been addressed by the ICJ?

In which two categories can declarations be divided?

What is an interpretative declaration?

What is a qualified interpretative declaration?

When could a declaration be legally binding/ a reservation?

When may an objecting state that objects a declaration of another state prevent the treaty from entering into force?

What does it mean when an objecting state requests that a declarant "clarify" its intention?

What is the underlying reason for the principle of good faith?

In what three categories can the rules of treaty interpretation be categorized?

Which cases concern the mixed approach of the rules of treaty interpretation? (art. 31 VCLT)

When may a court or tribunal turn to the supplementary means of interpretation of treaties?

What is 'the living instrument doctrine' from the ECtHR?

Which case gives the ROL of the living instrument doctrine and what is that ROL?

What is the 'doctrine of effectiveness' - by the European Court of Human Rights?

What does art. 42 VCLT state regarding to the validity and continuance of a treaty?

What are peremptory norms?

In which case has it been affirmed that the rules on termination of treaties are considered to be part of customary international law?

What must be taken into account when determining whether parties may terminate the treaty?

What grounds for termination of a treaty are there?

In which case the ICJ ruled that primary and secondary rules of PIL are two seperate categories and thus cannot be in conflict?

In which case the secondary rules about the jurisdiction of the ICJ prevented the primary rules to be invoked?

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