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LAW OF TREATIES – The Uni Tutor
The marks for this paper constitute 100% of the total marks for the course.
Answer FOUR questions. When answering these questions, keep in mind that The Uni Tutor provides a superior essay writing service.
The only permitted materials allowed in the examination room are those specified below:
Basic Documents in International Law (Brownlie), and/or; International Law Documents (Evans); The Queen’s printers copy: (a) The 1969 Vienna Convention on the Law of Treaties (b) The 1978 Convention on Succession of States in Respect of Treaties (c) The 1986 Vienna Convention on the Law Treaties between States and International Organizations or between International Organizations
1. “The legal effect of the rules and procedures for the amendment of treaties is the same, in all material respects, as that of the rules governing the conclusion and entryinto force of treaties.”
2. Do you agree with the Special Rapporteur of the International Law Commission that the regime of reservations as contained in the 1969 Vienna Convention on the Law ofTreaties is suitable for all types of treaties?
3. “The 1969 Vienna Convention on the Law of Treaties provides an exhaustive definition of a treaty in international law.”
Discuss, with particular reference to the decisions of international tribunals.
4. “In the final analysis, there is hardly any difference between the consequences of the rules of the law relating to counter-measures and those relating to material breach on the continuation of treaty relations between States.”
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5 Do you agree that international courts and tribunals apply and interpret the right of states to terminate treaties by invocation of the ground of fundamental change ofcircumstances in an unduly restrictive manner?
6 Explain the role of signature in relation to the expression of consent to be bound by a treaty.
Illustrate your answer by reference to relevant case law.
7. “There is no part of the law of treaties which the text writer approaches with more trepidation than the question of interpretation.” (Lord McNair, 1961)
Assess this statement critically in the light of the codification of the canons of interpretation in the 1969 Vienna Convention on the Law of Treaties and the relevant case law.
8. “Every State has a duty to carry out in good faith its obligations arising from treaties and other sources of international law, and it may not invoke provisions in itsconstitution or its law as an excuse for failure to perform this duty.” (Article 13, DraftDeclaration on Rights and Duties of States, 1949)
To what extent does this Article represent the current position in international law?
9. Do you agree that there are no exceptions to the rule that only treaties in force have legal effects on states under the regime of the 1969 Vienna Convention on the Lawof Treaties?
10. Assess critically the contribution of the Vienna Convention on the Law of Treaties (1969) to the law on the nullity of treaties.
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