POL340Y1 Lecture Notes - Lecture 3: Most Favoured Nation, Advisory Opinion, North American Free Trade Agreement
Document Summary
France nor usa have ratified vienna convention on treaties. Usa requires ratification, advise and consent of senate to agreement. Still applies even though it hasn"t been ratified. Binding as between only the parties to the dispute. Precedent doesn"t exactly exist but you can cite their decisions. Treaties can be used as evidence of custom. Attempt to explain purpose / why they got there. Protected vehicles, money moves out of a country. Attempt to solve the codification of international law. Can"t be applied to agreements not covered by the agreement. Non written agreements were still held as binding. Doesn"t necessarily have to be signed in front of people at un to be valid. Carve out participation or obligation in part of a treaty. Can"t reserve if the reservation is incompatible with object/purpose of treaty. Can result in different obligations between different states even though the treaty is the same. 19 and 20 define how it is made.
