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SOURCES OF INTERNATIONAL LAW:

international agreements

Marta Statkiewicz

Department of International and European Law Faculty of Law, Administration and Economics

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art. 38 of the Statute of

the International Court of Justice

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

• international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

• international custom, as evidence of a general practice accepted as law; • the general principles of law recognized by civilized nations;

• subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

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DEFINITION

agreement

concluded

between

States in written form and governed

by

international

laws,

whether

embodied in a single instrument or

in two or more related instruments

and

whatever

its

particular

designation

act which denotes a merger of

wills of two or more international

subjecs

for

the

purpose

of

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between States

types

law-making treaty

between States and other actors

bilateral between States

multilateral treaty-contracts

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between States

types

general

normative

particular

establishing international organization

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international agreements on the law of treaties

I.

Vienna Convention on the Law of the Treaties

• signed: 23th of May 1969

• entry into force: 27th of January 1980

II.

Vienna Convention on Succession of States in respect of Treaties

• signed: 22th of August 1978

• entry into force: 6th of November 1996

III. Vienna Convention on the Law of Treaties between States and International

Organizations or between International Organizations

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procedure of concluding

entry into force

provisional application * reservations

expression of consent to be bound by the treaty adoption / authentication of the text

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types of consent to be bound by the treaty

signature

exchange of

instruments

constituting a

treaty

ratification

acceptance

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invalidity of treaties

non-compilance with municipal law requirements

error

fraud

corruption of a State’s representative

coercion

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termination and suspension of treaties

under its provisions

by consent of all parties

as a result of conclusion of a later treaty

as a result of material breach

as a result of supervening impossibility of performance

as a result of rebus sic stantibus clause

Cytaty

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