POL340Y1 Chapter Notes - Chapter 3: Eric Posner, Subsequence, Pacta Sunt Servanda
Document Summary
Accreditation of persons to conduct negotiations on behalf of each state. Negotiation, adoption, and authentication of the treaty text. Signification of state"s consent to be bound by treaty. default practices which are subject to modification by mutual consent of the parties negotiating the treaty. Changing laws over time --> older treaties can"t be treated like new treaties. The doctrine of intertemporal law dictates that the validity of bygone treaty practice is to be assessed according to the treaty law that governed at the time of that practice. Judicial opinion confirms the widely held view that it is only the federal government that is empowered to enter into treaties on behalf of canada. Executive branch of government has power to make/enter into treaties. Other government branches will still be involved in process. Signifies agreement to the terms of the treaty. Signature, exchange of instruments constituting a treaty, ratification, acceptance, approval, accession. Multi-stage expression of consent by a negotiating state.
