Subjects, sources and sovereignty - Sources of international law

8 important questions on Subjects, sources and sovereignty - Sources of international law

In what article are the sources of IL named?

article 38 ICJ Statue

What are the 3 phases of drafting international treaties

·Negotiations
·National approval
·Ratification

When is a treaty legal binding?

·The state has given its consent to be bound
·The treaty has entered into force
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In which 3 cases are reservations in treaties not admissible?

·The reservation is prohibited by the treaty
·The treaty states that only certain reservations are possible and its none of those
·The reservation is incompatible with the object and purpose of the treaty

In which 4 situations is a treaty invalid?

·Error of fact
·Fraud
·Corruption
·Coercing

What falls in ius cogens (peremptory rules)?

·Prohibition of slavery
·Prohibition of the crime of:
§Genocide
§Torture
§Wars of aggression
·Principle of non-refoulment (not to send someone back to territory where his life is threatened)

Nam 2 consensual types of terminations of treaties and 3 non--consensual

·Consensual:
§Agreement
§Newer treaty
·Non-consensual:
§Material breach
§Supervening impossibility of performance
§Fundamental change of circumstance

Name 2 elements of customary international law

·State practice à state practice includes all official actual governmental activity of the states. It must be common to a significant number of states.
·Opinion iuris à practice is legally required; the belief that a certain conduct is required under international law. States must recognize the practice as binding upon them as law.

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