Treaties and Diplomatic Practice

Reading Notes

In addition to the Shaw readings, please also take a look at the 1969 Vienna Convention on Treaties and the Statute of the ICJ.  Think, again, as you look at this material about Pacta sunt servanda and Rebus sic stantibus, as well as jus cogens.

If you are interested in looking at them, you'll find the Vienna Conventions on diplomatic and consular relations (1961, 1963) here.

This week is chock-a-block full of great cases:

Be sure to look at the Iranian Hostages case and find out what happened to Mrs. Kasenkina.

The Fisheries Jurisdiction Case (U.K. v. Iceland) is one part of a set of cases during what is known as "the Codfish War" between Britain and Iceland. In this phase of the case the ICJ is considering whether or not it has jurisdiction to hear this dispute that arises out of a 1961 exchange of diplomatic notes between the U.K. and Iceland and the desire of Iceland to extend control over the North Atlantic fisheries surrounding Iceland.

Finally, Bulgaria's invocation of the Connally Amendment puts the reciprocal nature of international law clearly into focus.

Questions to Ponder

• What is the difference between an executive agreement and a treaty?
• What is the difference between self-executing and non-self executing treaties?
• How do you think the ratification process in the U.S. affects its ability to negotiate treaties, and the nature of that negotiation process?
• How do reservations affect multilateral treaties?
• Given the role of power in international relations, what is the role of duress in the conclusion of treaties?
• Who determines the intent and meaning of a treaty?
• What is "the progressive development of international law"?
• Why bother "codifying" customary international law?
• What would it mean if a state were to attach a reservation to a treaty that codifies customary international law?
• What functions do diplomats serve?
• What are the privileges and duties of diplomats?
• What is the difference between diplomats and consuls?
• How has modern technology changed the nature and function of diplomatic
• relations?
• How would the receiving state respond to a fire in an embassy?
• What would happen to a burglar caught in an embassy?
• What would happen if a diplomat used a diplomatic bag for smuggling?
• Why do diplomats go to so many parties?

 

Kurt Taylor Gaubatz - updated: 2011-02-14

KTG-ILblog Feed