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INTERNATIONAL LEGISLATION (The Vienna convention on the law of treaties…
INTERNATIONAL LEGISLATION
General things
soft law
Political declaration
not mandatory, not binding even if ratified
useful for pressure if the state doesn't respect
pb : no international police : just agreements
Sources of international law
Treaty : convention, bi or multilateral, parties agree
Customary law : practices accepted by law, customs
Opinio Juris : ...
Judicial decision of an International Court
General principes of law
Subjects of international law
Entities in position of legal power
traditionnaly : states
Now : None-state actors : NGOs, Companies, Individuals
The Vienna convention on the law of treaties
signed in 1969 : organizes how to make a treaty, what happens if breached, how we interpret, how is it valid...
before, no rule on how to make treaties
Art. 2 : what is a treaty : 2 or more states, governed by international law, no matter the name
Not all treaties are covered by the VCLT : not those btw IO and states or btw IO and IO
the provision
consent
reservation
competent person to sign it
...
Invalidity of a treaty
Relative ground
Error
Fraud or corruption
lack of competence to conclude a treaty
violation of a provision of international law
Absolute ground
corruption of a state representative
coercition of a state
jus cogens
: ...
Treaty interpretation : ...
Treaty termination
material breach
impossibility of performance
by consent
fundamental change of circumstances (different political system)