LAWS259 Lecture Notes - Lecture 4: Peremptory Norm, Declarant, Unanimous Consent

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS259
• Professor: Shireen Daft

Document Summary

Week 4 treaty interpretation and enforceability of treaties readings. It is to be distinguished from an interpretative declaration, which is an expression of view by a declarant state as to the meaning of a treaty which is not put forward as a condition of being bound. Considerable uncertainty has surrounded the law and practice with regard to reservations. League of nations practice in regard to multilateral conventions lacked consistency. The league secretariat, and later the un secretary-general, as depository of conventions concluded under the auspices of the league, followed by the principle of integrity; A reservation would only be valid if the treaty permitted it or all contracting parties accepted it. Otherwise the reserving state would not be considered a party. The pan-american union later the organisation of american states adopted a flexible system which permitted a reserving state to become a party vis- -vis non-objecting state.