Sources of international law - Conventions (treaties) as a legal source
3 important questions on Sources of international law - Conventions (treaties) as a legal source
Art 2 (1)(c) 'full powers'
A document produced as evidence that the person named in it is authorized to represent his state in performing certain acts in relation to the conclusion of a treaty, in particular its signature.
Art 19: states that states may always formulate reservations unless
Art 54: termination and withdrawal
art 6: every state possesses capacity to conclude treaties.
art 6: every state possesses capacity to conclude treaties.
Their are two cumulative conditions for customary international law:
1) state practice
- the practice could be virtually uniform
- there are no rules as to how much time it takes for a custom to become customary international law
- statements of states that are most affected by the custom, carry more weight in figuring if something is customary international law
2) opinio iuris sive necessitates
a general recognition by states that the practice is settles enough to amount to an obligation binding on states in international law
- states need to feel legal obligation, not political incentive.
- the practice could be virtually uniform
- there are no rules as to how much time it takes for a custom to become customary international law
- statements of states that are most affected by the custom, carry more weight in figuring if something is customary international law
2) opinio iuris sive necessitates
a general recognition by states that the practice is settles enough to amount to an obligation binding on states in international law
- states need to feel legal obligation, not political incentive.
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