MARKET 1 Lecture Notes - Lecture 16: Peremptory Norm, Contract, Pacta Sunt Servanda
Document Summary
Chapter iii- the law of the treaties: what is a treaty- a legally binding agreement governed by international law, made between those international persons recognized as having treaty-making capacity; No obligatory formal requirements for treaties; they may be oral, written in a single or several instruments; However, within the scope of the vclt fall only witten treaties between states: acts lacking an intention to create legal relations: 36 (1) of the sicj- a state declares the jurisdiction of the icj; Some regard these declarations as treaty-like- nicaragua vs. the usa; Unilateral statements: (1) the intention to bind themselves must be clear; (2) publicly known; (3) form is not important: the vienna convention and the law of the treaties: 4- no retroactive effect- the convention cannot be applied to treaties concluded after the vclt entered into force; Applies only to treaties between states- art. Applies only to treaties in written form;
