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Paul Reuter:
„A Treaty is an expression of the concurring wills, attributable to two or
more subjects of international law, and intended to have legal
effects under rules of international law”
Normativist-
Theories based neopozitivist
Sociological
on state will Natural law school politological
(Hans Kelsen) approaches
Symbolic Adherence to
Determinacy Coherence
validation „secondary norms”
The conclusion of a treaty and ancillary steps
Exploratory talks
Negotiations
Initialling
Goals of negotiations
Techniques applied
• signature,
• exchange of instruments constituting a treaty,
• ratification, acceptance, approval
• or accession,
Article 21
Legal effects of reservations and of objections to reservations
(a) modifies for the reserving State in its relations with that other party the
provisions of the treaty to which the reservation relates to the extent of the
reservation; and
(b) modifies those provisions to the same extent for that other party in its
relations with the reserving State.
...
3. When a State objecting to a reservation has not opposed the entry into force
of the treaty between itself and the reserving State, the provisions to which
the reservation relates do not apply as between the two States to the extent
of the reservation
Overview of reservations and objections to them
(Assume Russia requires permit for transit of foreign navy in her territorial waters, when
Law of the Sea Convention permits „innocent passage”)
Tr
ea
ty
No mi
nu aty
treaty s l tre
igina
between Or Original
Russia treaty
and
ru
UK le
on
t ran
sit
UK Original US:
Exclusionary Treaty objection
objection
Overview of treaty termination
Books:
• Arnold D. McNair [Lord Mc Nair]: The Law of treaties, Oxford, 1961
• Ian Sinclair [Sir]: The Vienna Convention on the Law of Treaties 2nd ed. Manchster
university press, 1984
• Jan Klabbers: The Concept of Treaty in international Law, The Hague, Kluwer,
1996
• National Treaty Law and Practice (series of the American Siciety of Int’l Law, edited
by Monroe Leigh and Merritt R Blakeslee)
2003: (The same eds.): Canada, Egypt, Israel, Mexico, Russia, South Africa
• Anthony Aust: Modern Traety Law and Practice, Cambridge, CUP, 2000
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