LAW 724 Lecture Notes - Lecture 2: Treaty 3, Dispute Settlement Body, Ad Valorem Tax
30 Nov 2018
School
Department
Course
Professor
Document Summary
Interpretation: ordinary meaning, context, object and purpose, context, text, preamble, annexes, any agreement related to the treaty, any instrument in connection with the conclusion of the treaty, together with context, subsequent agreement, subsequent practice, rules of international law. Preparatory work: to confirm the meaning resulting from the application art 31, when art 31 leads to ambiguity or manifestly absurd or unreasonable result. Vclt article 60: material breach: guiding principle: reciprocity. What does it mean: rationale: to strike a balance between two competing needs. Invalidity of treaties: relative grounds vclt article 46-50, voidable at the insistence of an affected state, does not affect validity as between other remaining parties, absolute grounds vclt article 51-53, void ab initio, no legal force at all. Could you make an example of relative or absolute ground for invalidity: international custom. That is, state practice must be accompanied by a conviction of adhering to an existing rule of law.
