Q: Does the retroactivity of treaties contradict the Rome Statute?

here is a presumption that a later treaty prevails over an earlier one

dealing with the same subject matter.

• Rome Statute: is not retroactive, only application when you enter into the treaty.

Q: Who has the competence to interpret Treaties?

• Primarily, parties that enter treaties are competence to interpret a treaty

• competence to be conferred by a third party: The treaty itself may confer competence on the International Court or a specialist tribunal. The UN Charter is interpreted by its organs, which may seek advisory opinions from the Court.

Q: Rules of Interpretation: What is the textual approach?

Textual Appraoch

• in accordance with the ordinary meaning to be given

Article 31 (1)— Article 31 emphasizes that the intention of the parties as expressed in the text is the best guide to their common intention.supports the textual approach.

Restrictive Approach— asserting that provisions limiting state sovereignty should be interpreted narrowly.

Teleological Approach— ambiguity in a treaty text should be resolved by preferring the interpretation which gives effect to the object and purpose of the treaty. (Article 31 (1))

Q: What is the progressive interpretation of treaties?

Another version of the teleological approach— using

Q: how do judges decide the moe of interpretation?

1. Apply if no ambiguity (textual)

2. In case of ambiguity: They will use the teleological approach.

Treaveux Repertoire— prep work that leads to treaties

Q: What is principle of integration?

the meaning must emerge in the context of the treaty as a whole (including the text, its preamble, and annexes, and any agreement or instrument related to the treaty and drawn up in connection with its conclusion) the light of its object and purpose.

It is article 31 (2)

Q: What is the principle of contemporaneity?

the principle of contemporaneity:

the language of the treaty must be interpreted in the light of the rules of general international law in force at the time of its conclusion,and also in the light of contemporaneous meaning of terms.

Article 31

Q: doctrine of ordinary meaning involves only apresumption: a meaning other than the ordinary meaning may be established, but the proponent of the special meaning has a burden of proof.In (p. 368) complex cases, the

tribunal will be prepared to make a careful inquiry into the precise object and purpose of a treaty

Article 31(3) lists further factors to be taken into account along with the context (as defined in Art 31(2)

Q: What

Q: What are the supplementary means of the interpretation:

• The VCLT cautiously qualifies the textual approach by permitting recourse to further means of interpretation in certain circumstances. VCLT Article 32 provides:

• Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable

Q: Is a provision between Third Party?

• a rule in a treaty may become binding on non-parties if it becomes a part of customary international law.

  • irst, a rule in a treaty may

    become binding on non-parties if it becomes a part of customary international law.125 (p.

    371) Secondly, a treaty may provide for lawful sanctions for violations of the law which are to be imposed on an aggressor state.126 The VCLT contains a reservation in regard to any

    obligation in relation to a treaty which arises for an aggressor state ‘in consequence of

    measures taken in conformity with the Charter of the United Nations with reference to that

    State’s aggression’

• 1. Treaties are only binding to parties

• Q: Can nonparties be bounded with? Yes. If a provision becomes part of customary international law.

Q: What are the exemptions to the principle of pacta

1. Customary

2. Article 35 VCLT — provides that ‘an obligation arises for a third State from a

   provision of a treaty if the parties to the treaty intend the provision to be the means of establishing the obligation and the third State expressly accepts that obligation in writing’.

Q: Does the VCLT give a guide on how states should modify a treaty

1. Article 41

   1. In cases where modification is allowed

2. The amendment is reflected in Article 39

   • First, Article 39 provides that a treaty may be

     amended by agreement without requiring any formality for the expression of agreement

Q: The difference between amendment and modification

The amendment is the changing of the and modification

q: What parties are involved amendment

_ all parties in the treaty— amending the entire treaty with the consent of all

Q: What parties are involved in the modification?

• How is it applied to certain parties of the treaty?

• some terms only, only with respect to

Q: Grounds for invalidity of treaties?

• Violations of internal law, defects of authority, error, fraud, coercion, conflict with a peremptory norm

Q: Grounds for Termination and Suspension

• War and conflict, denunciation, material breach, supervening impossibility of performance, fundamental change of circumstances.

Q: What Effect of invalidity?

It is considered voidable [it’s valid until declared void]

Hypothetical: Consent to treaty is coerced… state invokes a ground for invalidity exists; bring the ground to be VOIDABLE.

Q: While a responsibility is still valid a treaty is still voidable.

A treaty is not automatically void, there must be proof of its invalidity. But, there are cases where it considers to be void.