Law Notes Public International Law Notes
Public International Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the major LLB aspects and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London). See if you like them by referring to the samples below. We've also included our previous years' authors free of charge, to give you some extra materials to refer to for the tricky topi...
The following is a more accessible plain text extract of the PDF sample above, taken from our Public International Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Treaties
Formation
Art 4 VCLT -> VCLT applies only prospectively
What’s important is intent to create legal relations, no overriding requirement of form:
Test - ICJ will consider (i) all the actual terms of the agreement and (ii) the circumstances in which it had been drawn up - Aegean Sea (Greece v Turkey)
Eg Aegean Sea (Greece v Turkey) (Question over whether joint communique issued without signatures amounted to an agreement to submit dispute to ICJ) -> Applying the test, held no intention to create legal relations to submit to ICJ jurisdiction, joint communiqué NOT a modern ritual which has acquired full status in international practice
Eg Maritime Delimitation (Qatar v. Bahrain) (Question whether double exchange of letters between Qatar and Saudi Arabia, and Bahrain and Saudi Arabia and minutes of a meeting between the states signed by their foreign ministers) -> ICJ held instruments were to be construed as a binding agreement submitting the dispute to the ICJ, since they enumerated the commitments to which the parties had consented
Adoption of the text – Art 9 VCLT
Need full powers within Art 7 VCLT
Means which consent can be given – Art 11 VCLT
Signature
The consent of a State to be bound by a treaty is expressed by the signature of its representative when: - Art 12.1 VCLT
The treaty provides that signature shall have that effect OR
It is otherwise established that the negotiating States were agreed that signature should have that effect OR
The intention of the State to give that effect to the signature appears from the full powers of its representative or was expressed during the negotiation
Exchange of instruments constituting a treaty, ratification, acceptance, approval or accession
The consent of States to be bound by a treaty constituted by instruments exchanged between them is expressed by that exchange when: - Art 13.1 VCLT
The instruments provide that their exchange shall have that effect OR
(b) It is otherwise established that those States were agreed that the exchange of instruments shall have that effect
The consent of a State to be bound by a treaty is expressed by ratification when: - Art 14.1 VCLT
The treaty provides for such consent to be expressed by means of ratification OR
It is otherwise established that the negotiating States were agreed that ratification should be required OR
The representative of the State has signed the treaty subject to ratification OR
(d) The intention of the State to sign the treaty subject to ratification appears from the full powers of its representative or was expressed during the negotiation
The consent of a State to be bound by a treaty is expressed by accession when: - Art 15.1 VCLT
The treaty provides that such consent may be expressed by that State by means of accession OR
It is otherwise established that the negotiating States were agreed that such con sent may be expressed by that State by means of accession OR
(c) All the parties have subsequently agreed that such consent may be expressed by that State by means of accession
Any other means if so agreed
State under obligation not to defeat object and purpose of a treaty prior to its entry in force – Art 18 VCLT
Treaty performance
Art 26 VCLT -> Treaties must be performed in good faith
Reservations to the Genocide Convention -> ICJ emphasised that good faith is a generally recognized principle that none of the contracting parties is entitled to frustrate or impair, by means of unilateral decisions or particular agreements, the purpose of the Convention
Art 27 VCLT -> Domestic law is irrelevant to justify its failure to comply with the treaty
Third Parties
GENERAL RULE Art 34 VCLT -> A treaty does not create either obligations or rights for a third State without its consent
Article 2(1)(h) + 2(1)(g) VCLT -> Third State is not a State to party + a State to the party is a State that has expressed its consent to be bound
Exceptions:
Art 35 VCLT (Obligations for 3rd party) -> Contracting states must (i) Intended the 3rd party to be bound and (ii) 3rd party accepts its obligation in writing
Art 36 VCLT (Rights for 3rd party) -> Contracting states must (i) Intended the 3rd party to be bound and (ii) 3rd party assent in some form (no need to be in writing, possible that silence is enough)
Art 38 VCLT -> NOTHING PREVENTS PROVISIONS IN TREATIES FROM BECOMING CUSTOMARY INTERNATIONAL LAW, WOULD THEN BIND ALL STATES
To revoke obligation under Art 35 VCLT, need consent of parties to treaties and of the 3rd state, unless otherwise agreed – Art 37.1 VCLT
To revoke rights under Art 36 VCLT, can remove without consent of 3rd state unless established right was intended not to be revocable or subject to modification without the consent of the third State – Art 37.2 VCLT
NOTE – “Objective treaties” can create obligations “erga omnes”
Eg Art X Antarctica Treaty provides that ‘[e]ach of the contracting parties undertakes to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity in Antarctica contrary to the principles or purposes of the present Treaty’ -> creates obligations for 3rd party state outside the usual rules of privity
Reservations
1. Is it a reservation or not
Belilos v Switzerland - Held not to be a reservation but merely an interpretative declaration as:
Original intention of those drafting the declaration as initially contemplated making a formal reservation but subsequently opted for the term “declaration”
Even if States made both reservations and interpretative declarations at the time, the interpretative declarations would not be equated to reservations except in exceptional circumstances
This was so even though the wording of the declaration was of a restrictive character
The silence of the depository and the contracting states does not deprive the Convention institutions the power to make their own assessment
Eg...
Buy the full version of these notes or essay plans and more in our Public International Law Notes.
Public International Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the major LLB aspects and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London). See if you like them by referring to the samples below. We've also included our previous years' authors free of charge, to give you some extra materials to refer to for the tricky topi...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started