TREATIES

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TREATIES

• Lecture 6
• January 26

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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

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Clickers

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

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TREATIES

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

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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.

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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

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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

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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