Treaty based lawmaking
5 important questions on Treaty based lawmaking
What is the pre-negotiation phase
What are the consequences of a signature
2. Creates an obligation to refrain fom acts that would defeat the purpose of the treaty
What is necessary for a state to be bound?
- State consent
- Needs to be entered into force
- it needs to be able to strike a balance between the desire to bring the treaty into effect as soon as possible, and the need to ensure that the treaty has a sufficient number of parties to be credible
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What are the 4 ways in which a treaty can be developed?
2. Amendments to the treaty
3. Decisions of the parties
4. Political agreements
Why is carefully crafted ambiguity frequently used in many areas of international law?
- It can help parties to agree on an instrument ntowithstnading lingering differnces on a particular issue
- It allows parties to postpone politicall sensitive or otherwise difficult issues to a later stage
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