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TREATIES
INTRODUCTION
Federal
government
can
adapt any treaties as they
wishes as long as accordance
with local law Cameroon v
Nigeria
Treaty is an international
agreement
concluded
between state in written form
and
governed
by
international law, whether
embodied
in
single
instrument or more and
whatever
particular
designation Article 2 VCLT
The court affirmed that the
Vienna Convention on the
Law of Treaties constitute a
customary international law
Namibia Case
A treaty must be performed
in good faith and all of the
treaties are binding upon its
members
(pacta
sunt
servanda) Article 26 VCLT
Wimbledon Case
A person can become
representative of a state as
long as they :
o Produce
appropriate
full power
o Practice of the state
indicate that he had
such power
o Article 7(1) VCLT
Automatically construed as a
representative of a state
o Head of state / Minister
of Foreign Affairs
HOS is presumed
to be able to act
on
behalf
state
of
a
in
international
relations
o Head
Bosnia v Serbia
of
Diplomatic
Missions
o Representative
accredited by states to
FORMATION OF TREATIES
an
conference
1. STATES
A
treaty
state
must
possess
International
for
the
making
purposes.
o Article 7(2) VCLT
If a treaty was
o There
entered
definition of writing.
o It
shall
include
without
proper
authorization,
shall
have
binding
ratifies
it
afterwards
Article 8 VCLT
An agreement made between
a company and a state is not
a
treaty.
It
is
it
Iran
and
3. GOVERNED BY
INTERNATIONAL LAW
Must be governed under any
sources of International Law
Article 38 ICJ
Load agreement
between
contract
oral
merely
concessionary
strict
agreements.
no
no
documented
it
effect
is
Anglo
Iranian Oil Co
Treaty can be in form of an
2. WRITTEN FORM
ICJ
Article 7(2)
Mavrommatis
Jurusalem Concessions
US v Gonzalez
o A phone conversation
constitutes
binding
o However, a declaration
may
sometimes
suggests
the
non-
binding character.
o Tan Ping Hoi v AG
A declaration of
Sino-British
Joint
Declaration
is
indeed a treaty
and binding upon
its members.
Polis Negara
Universal
since
of
Right
binding
a
treaty
Malaysia
will, no law.
A treaty upon consented by
the member of the state
binds upon them Qatar v
Bahrain
constitutes
binding
is
Declaration
Human
treaty