Speaking

VI. Continue the sentences, using the phrases, given below.

1. As a result of the working of customary rules on invalidity, any State directly affected by a treaty contrary to a peremptory rule of international law, may…

2. Jus cogens was accepted but on condition that any State invoking it be prepared to…

3. It would seem that the customary rules corresponding to the Vienna Convention’s provisions on invalidity of treaties should be…

4. Under the Vienna Convention a major cause of injustice in the making of treaties is…

5. The reservation must be regarded as…

6. All States can now participate in treaties .without…

7. A major feature of treaties is that…

8. After the Second World War custom increasingly lost…

9. From the beginning of the international community States have evolved…

10. The main feature of custom is that…

11. A second feature differentiating custom from treaties…

a) coercion exercised by a powerful State against another State

b) being hampered by the fact that a few contracting parties can exercise a “right of veto” on reservation

c) ground in two respects: existing customary rules were eroded more and more and resort to custom to regulate new matters became relatively rare.

d) submit its determination to the ICJ

e) two principal methods for creating legally binding rules: treaties and custom

f) is that customary rules are normally binding upon all members of the world community

g) invoke the invalidity of the treaty

h) null and void, at least in those parts that prove to be incompatible with the object and purpose of the treaty

i) they only bind the parties to them

j) interpreted to the effect that any State concerned ,may invoke jus cogens or coercion of a State representative or of a State

k) it is not a deliberate lawmaking process.

VII. Answer the questions using the information from the text.

1 .What two principal methods for creating legally binding rules have states evolved?

2. What are the main features of custom and treaties as sources of international law?

3. What are the new trends in the development of international lawmaking?

4. What are the differences between custom and treaties as sources of international law?

5. What are the elements of custom?

6 Do customary rules need to be supported or consented to by all states? Why?

7. What are the reasons for custom demotion?

8. What are the three areas where custom plays a significant role?

9. What is the main feature of treaties?

10. What forms are the treaties usually concluded in?

11. When does State make reservations?

12. What are terms for reservations to be accepted?

13. What are the grounds of invalidity?

14. What is the main purpose of treaty interpretation?

15. What are the grounds for terminating the treaty?

16. What effects may codification of treaties have?

17. What were the reasons for the introduction of jus cogens in the late 1960s?

18. What is the definition of peremptory rules in the Vienna Convention?

19. What effects can peremptory norms produce?

20. What are the limitations of jus cogens envisaged in the Vienna Convention?

21. What are the deficiencies and merits of jus cogen?