Does Article 38 1 of the Statute of the international Court of Justice reflect a hierarchy of sources?
Although Article 38 lists the primary sources, it is in fact not based on lex specialis derogat generali (meaning ‘a law governing a specific subject matter overrides a law that only governs general matters’) and hence it should not have a hierarchy.
What is the difference between reservation and declaration?
Sometimes states make “declarations” as to their understanding of some matter or as to the interpretation of a particular provision. Unlike reservations, declarations merely clarify the state’s position and do not purport to exclude or modify the legal effect of a treaty.
What was the main objective of Vienna Convention?
The objectives of the Convention are for Parties to promote cooperation by means of systematic observations, research and information exchange on the effects of human activities on the ozone layer and to adopt legislative or administrative measures against activities likely to have adverse effects on the ozone layer.
Is Vienna Convention under UN?
Vienna Convention on the Law of Treaties, an international agreement governing treaties between states that was drafted by the International Law Commission of the United Nations and adopted on May 23, 1969, and that entered into force on January 27, 1980.
Is Article 38 of ICJ complete?
Therefore, article 38 is not a complete reference point for international law.
Is Article 38 ICJ exhaustive?
As a matter of practice, therefore, the fact that Article 38 is non-exhaustive has no great impact on the application of international law by the International Court of Justice.
What is difference between accession and ratification?
Both these terms signify the consent of a party to be bound by a treaty. However, there is a legal difference between accession and ratification. An accession is only a formal agreement and is not preceded by signing whereas ratification is a formal agreement which is preceded by signing.
What is the difference between treaty and convention?
A treaty is the agreement between two or more parties to solve an issue that affects the parties signing the treaty. A convention is the set of rules for the parties agreeing to the convention to solve an issue that affects larger part of the world.
What are the 3 groups of jus cogens norm?
This article sets up the four criteria for a norm to be determined as jus cogens, specifically: (1) status as a norm of general international law; (2) acceptance by the international community of states as a whole; (3) immunity from derogation; and (4) modifiable only by a new norm having the same status.
Was the Vienna Convention successful?
The Vienna Convention and the Montreal Protocol have been quite successful as of 2009 in addressing the global problem of stratospheric ozone layer depletion.
Which Convention is outcome of Vienna Convention?
A key result of the Vienna Convention has been the Montreal Protocol, which is playing a major role in restoring the ozone layer. Assuming continued full compliance with the phase-out of ozone-depleting substances under the Montreal Protocol, the ozone layer is expected to recover over most of the globe.
What is the difference between Vienna Convention and Montreal Protocol?
In Switzerland, the Vienna Convention has been in force since 22 September 1988. The objective of the Montreal Protocol of 1987 is to repair the ozone layer through worldwide reduction and ultimately elimination of ozone depleting substances.
Is Vienna Convention legally binding Upsc?
While not a binding agreement, it acts as a framework for the international efforts to protect the ozone layer; however, it does not include legally binding reduction goals for the use of CFCs, the main chemical agents causing ozone depletion.
What does Article 59 of the ICJ mean?
Article 59 states that decisions of the International Court of Justice have “no binding force except between the parties and in respect of that particular case.” The Restatement of the Law (Third) of Foreign Relations Law of the United States identifies judicial decisions as “evidence” of international law.
What is the difference between a convention and a protocol?
A convention is formal agreement between states and is usually an instrument negotiated under an international organisation. A protocol is one of the ways in which a convention can be modified. The amendments by protocols are not binding on all the states that have ratified the original convention.
What’s the difference between Covenant and convention?
Legally, there is no difference between a treaty, a convention or a covenant. All are international legal instruments which, in international law, legally bind those States that choose to accept the obligations contained in them by becoming a party in accordance with the final clauses of these instruments.
What are three types of treaties?
Types of Treaties
- Historic treaties.
- Peace and Friendship Treaties (1725–1779)
- Douglas Treaties (1850–1854)
- Numbered Treaties (1871–1921)
- Modern treaties.
What are the principles of jus cogens?
Jus cogens, also known as the peremptory norm, is a fundamental and overriding principle of international law. It is a Latin phrase that translates to ‘compelling law’. It is absolute in nature which means that there can be no defense for the commission of any act that is prohibited by jus cogens.