LAWS 2601 Lecture Notes - Lecture 11: Erga Omnes, United Nations Secretariat, Rome Statute Of The International Criminal Court
21 Aug 2017
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Legal effects of treaties: pacta sunt servanda, binding treaties must be performed in good faith: 26, jus cogens implies an obligation erga omnes, states cannot be excused of non-performance bc. of domestic legal impediments: Implied abrogation: in cases of incompatibility between old & new treaty rights & obligations, the new treaty prevails between states parties to new treaty: 30. Effect on third parties: treaties create neither rights nor obligations for non-party states without their consent: 34. If party wants to accept particular rights & obligations, it must be written: 35. If a treaty confers rights on 3rd party & 3rd party acts upon it, consent can be established. Instruments made by parties in connection w & accepted by parties in conclusion of treaty: in light of object & purpose (preamble, prior agreements, subsequent practice): 31(1: unless special meaning intended : 31(4, supplementary means of interpretation in case of ambiguity. I. e. travaux pr paratoires (preparatory work) (after using above): 32.
