Treaty based lawmaking

5 important questions on Treaty based lawmaking

What is the pre-negotiation phase

Before negotiation begin, considerable time may be taken up by identifying and framing the principal issues and if the decision is made to initiate negotiations, by agreeing upon a forum and negotiation mandate.

What are the consequences of a signature

1. Parties indicate their support for the treaty
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?

1. New treaties to supplement the framework
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?

  1. It can help parties to agree on an instrument ntowithstnading lingering differnces on a particular issue
  2. It allows parties to postpone politicall sensitive or otherwise difficult issues to a later stage

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