Professional Documents
Culture Documents
Outlawing of genocide
Laws on genocide
Principle of self‐determination
Principle of racial non‐discrimination
Crimes against humanity
Prohibition against slavery and slave trade, and piracy
What is the concept ex aequo et bono?
A treaty enters into force in such manner and upon such date
as it may provide or as the negotiating States may agree.
Failing any such provision or agreement, a treaty enters into
force as soon as consent to be bound by the treaty has been
established for all the negotiating States.
Under Art. 102 of the UN Charter, a treaty not
registered with the Secretariat, by which it shall
be published, cannot be invoked before any organ
of the UN. Nevertheless, the treaty does not cease to
be binding between the parties and may be the basis
of litigation before some other arbitral or judicial body
not connected with the UN
BINDING EFFECT OF TREATIES
Exception:
Rebus sic stantibus– the doctrine constitutes an
attempt to formulate a legal principle which would
justify non-performance of a treaty obligation if the
conditions with relation to which the parties contracted
have changed so materially and so unexpectedly as
to create a situation in which the exaction of
performance would be unreasonable.
Rebus sic stantibus
The change must not have been caused by the Party invoking
the doctrine
The doctrine cannot operate Retroactively, i.e., it must not
adversely affect provisions which have already been
complied with prior to the vital change in the situation
The change must have been Unforeseen or unforeseeable at
the time of the perfection of the treaty
The doctrine must be invoked within a reasonable Time
The duration of the treaty must be Indefinite
The change must be so Substantial that the foundation of the
treaty must have altogether disappeared
What is the Doctrine of Unequal Treaties?
It posits that treaties which have been imposed through
coercion or duress by a State of unequal character
are void.
What is a reservation? When can it not be made?
Modifies those provisions to the same extent for that other party
in its relations with the reserving State.
The reservation does not modify the provisions of the treaty for
the other parties to the treaty inter se.
GR: No
Error
Fraud
Corruption of a representative of a State
Coercion of a representative of a State
Coercion of a State by threat or use of force
Violation of jus cogens norm
What are the grounds for termination of a treaty?