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1 quiz explained international law

Quiz Explained
13 March 2018
Prof. Sammy Park


Reservation
“a unilateral statement, however phrased or

named, made by a State, when signing,
ratifying, accepting, approving or acceding to
a treaty, whereby it purports to exclude or to
modify the legal effect of certain provisions of
the treaty in their application to that State.”
➔ Purpose: to accommodate as many States
as parties to the treaty.


Jus Cogens
Norms from which no derogation is permitted;
those norms recognized by the international
community as a whole as being fundamental

to the maintenance of an international legal
order.
A treaty is void if, at the time of its conclusion, it
conflicts with a peremptory norm of general
international law.


Jus cogens examples
The prohibition of the use of force;
The prohibition of genocide;
The prohibition of piracy and slave-trading;
The prohibition of racial discrimination;
The prohibition against torture;
The principle of self-determination;
The principles of international humanitarian law


Why reservation is widely used?
Because reservation could accommodate as
many States as possible in a treaty system and,
with many contracting States, it could make the
treaty in question easily enter into force.
It would be better to have a large number of
States as parties to a treaty, rather than only a
small number of States.


Why do they register treaties?
Registration by one party is the evidence that that
party regards the instrument as a treaty.
Without registration, you could not argue the legal
effect of a treaty before UN organs.
No party to any treaty which has not
been registered may invoke that treaty
before any organ of the UN (Art. 102(2))


Why are privileges and
immunities given to diplomats?
• The rules of diplomatic immunity are the most


accepted and uncontroversial rules of
International Law.
- Reciprocal or quid pro quo
• They are essential to facilitate the
performance of the public functions of
diplomatic missions.


Freedom of movement
Subject to its laws and regulations concerning
zones entry into which is prohibited or regulated
for reasons of national security, the receiving State
shall ensure to all members of the mission
freedom of movement and travel in its
territory(Art. 26).
Such freedom is essential to enable the members
of mission to report properly in the receiving State
and protect nationals of the sending State.


RUSSIAN DIPLOMATS PUT UNDER
RESTRICTIONS ON FREEDOM OF
MOVEMENT THROUGH U.S. 01.12.2016
Yesterday, the House of Representatives approved a bill on
financing national intelligence services in 2017 financial year.
The document also includes provisions relative to
representatives of the Russia’s MFA who work on the territory
of the U.S.
According to the provision named Restrictions on Travel for
accredited diplomats and consuls of the RF in the U.S.,
representatives of the Russia’s MFA now can only go 40
kilometers away from the building of the diplomatic mission
after the trip is approved by the Director of the Federal Bureau
of Investigation (FBI).


Diplomatic Privileges and Immunities
Both words are normally being used in pairs at
the same time (2 aspects of the same thing).
The exemption enjoyed by diplomatic agents,
their families, and members of their mission
staffs from many ordinary criminal and civil laws
of their host country, as determined under terms
established by treaty and international law.



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