Varies from State to State US requires approval of 2/3 of Senate In the UK treaty-making is a prerogative of the Crown But the Government may not use its prerogative powers to alter rights and duties of persons subject to English law Modification of
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Reservations
A statement that a State Party does not consider itself bound by a treaty provision Treaties sometimes specify that reservations are forbidden, freely permitted, or permitted for certain provisions only If the treaty is silent the classical rule was
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Articles 31 and 32 VCLT (covers interpretation)
Article 31: the “General Rule of Interpretation” Treaties to be interpreted in good faith in accordance with “ordinary meaning” in its context and the “object and purpose” Context includes preamble, annexes, agreements relating to the treaty, instrum
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Clausula rebus sic stantibus
Fundamental change in circumstances may release the parties from their obligations Change must radically transform obligations still to be performed Article 62 VCLT
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Fisheries Jurisdiction (UK v Iceland)
United Kingdom v Iceland ICJ (1973) 1961 agreement that UK would recognise Iceland’s exclusive fishing rights to 12 nautical miles from its shores; in return, Iceland would refer any dispute to the ICJ Iceland argued that there had been a fundamental
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Other cards in this set
Card 2
Front
A statement that a State Party does not consider itself bound by a treaty provision Treaties sometimes specify that reservations are forbidden, freely permitted, or permitted for certain provisions only If the treaty is silent the classical rule was
Back
Reservations
Card 3
Front
Article 31: the “General Rule of Interpretation” Treaties to be interpreted in good faith in accordance with “ordinary meaning” in its context and the “object and purpose” Context includes preamble, annexes, agreements relating to the treaty, instrum
Back
Card 4
Front
Fundamental change in circumstances may release the parties from their obligations Change must radically transform obligations still to be performed Article 62 VCLT
Back
Card 5
Front
United Kingdom v Iceland ICJ (1973) 1961 agreement that UK would recognise Iceland’s exclusive fishing rights to 12 nautical miles from its shores; in return, Iceland would refer any dispute to the ICJ Iceland argued that there had been a fundamental
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