- Code
- LAW 411
- Name
- The Law of Treaties
- Semester
- 0
- Lecture hours
- 3.00
- Seminar hours
- 1.00
- Laborator hours
- 0.00
- Credits
- 3.50
- ECTS
- 6.00
- Description
-
Treaties are the foundation of public and private international law and national foreign affairs law. This course examines: historical development of law of treaties; concept of treaty; treaty as source of international and national law; stages of concluding treaty; reservations; accession to treaties, functions of depositary; publication of treaties; breach of treaty obligations; invalidity, termination, and suspension of treaties; denunciation and other withdrawal from treaties; treaties and jus cogens; treaties and customary rules of international law; treaties and third States; treaties and municipal law; interpretation of treaties; languages and authentic texts of treaties.
- Objectives
-
The course aims to offer thorough instruction on the foundations and sources of the law of treaties, the role of treaties as a source of international law, the procedures of treaty-making, the relationship between treaties and customary international law and rules just cogens, and the role of language in treaty-formation
- Java
- Tema
- 1
- Vienna convention on the Law of Treaties 1969 - The Convention and customary international law - Bilateral and multilateral treaties Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 1-14 Vienna Convention on Law of Treaty 1969
- 2
- What is a treaty? - Definition of ‘treaty’ - Memorandum of Understanding - Exchange of notes - Protocol Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 16-31
- 3
- MOUs - Evidence of intention to conclude (or not conclude) a treaty - The practice of states - How and why MOUs are used rather than treaties - The possible legal consequences of MOUs - MOUs in domestic courts Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 32- 55
- 4
- Capacity to conclude treaties - Odd cases Federations (and analogous entities) - Overseas territories Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 58-74
- 5
- Full powers - Credentials General rule - Bilateral treaties - Multilateral treaties - Invalid acts Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 75-83
- 6
- Adoption and authentication - Adoption Bilateral treaties - Treaties adopted at international conferences - Consensus Authentication - Treaties adopted within an international organisation - Final Act Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 84-92
- 7
- Consent to be bound - Participation in a treaty - Signature ‘Open for signature’ - Signature ad referendum - Place of signature - Doubt about signature - The Dayton Agreement - Witnessing Ratification Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 94-124
- 8
- Midterm Exam
- 9
- Reservations Interpretative declarations - Political declarations - Disguised reservations - Reservations generally not prohibited Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 125-160
- 10
- Entry into force Express provisions - No provision or agreement on entry into force - Ratification after the treaty has entered into force Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 162-177
- 11
- Treaties and domestic law - Duty to perform treaties - Constitutional provisions - Monism Dualism Interpretation and application of treaties by UK courts - EU law and the United Kingdom Treaties as the law of the land - Hierarchy of norms Interpretation of treaties by US courts Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 178-199
- 12
- Territorial application - Territorial extension clauses 202 - Transfer of an overseas territory - Declaration on signature or ratification UK practice - Application of a treaty to an overseas territory alone - Objections to territorial extensions - Political sub-divisions of metropolitan territory Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 200-213
- 13
- Successive treaties - The treaty prevails over all other treaties, past and future - The treaty is subordinate to an earlier one - The parties shall not enter into later inconsistent treaties - An existing treaty shall not be affected - For parties to the treaty it prevails over earlier treaties - Compatible supplementary treaties are permitted - Comprehensive provisions - The best of both worlds Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 215-227
- 14
- Interpretation Article 31 (General rule of interpretation) - Article 32 (Supplementary means of interpretation) - Subsequent agreements - Subsequent practice - Relevant rules of international law Article 32 (Supplementary means of interpretation) - Interpretation of treaties in more than one language Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 230-250
- 15
- Amendment Automatically and comprehensively binding amendment mechanisms - No effective amendment procedure Proposal to amend a treaty as between all the parties - Supplementary treaties - Agreement to modify a multilateral treaty between certain parties only - Amendment before entry into force Duration and termination Anthony Aust, Modern Treaty Law and Practice (2nd edition, Cambridge University Press 2007) pp 262-308
- 16
- Final Exam
- 1
- Upon completion of this course, students will be able to understand the importance of the law of the treaties.
- 2
- Upon completion of this course, students will be able to understand the relationship between international law and domestic law.
- 3
- Upon completion of this course, students will be able to understand the instruments used in law of the treaties and the legal consequences in domestic law.
- 4
- Upon completion of this course, students will be introduced to cases of invalidity of treaties
- 5
- Upon completion of this course, students will be introduced to the notion of reserve and its importance in law of the treaties.
- Quantity Percentage Total percent
- Midterms
- 1 50% 50%
- Quizzes
- 0 0% 0%
- Projects
- 0 0% 0%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 0 0% 0%
- Total term evaluation percent
- 50%
- Final exam percent
- 50%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 4 64
- Off class study hours
- 14 4 56
- Duties
- 0 0 0
- Midterms
- 1 15 15
- Final exam
- 1 15 15
- Other
- 0 0 0
- Total workLoad
- 150
- Total workload / 25 (hours)
- 6.00
- ECTS
- 6.00