Flashcard: International Treaty Principles — 20 carte

Public law — definition?

Law governing government and public authorities.

Private law — scope?

Relations among citizens and private entities.

Public law — focus?

Government-citizen and inter-government relations.

Private law — focus?

Contracts, property, family, inheritance.

Public law — acts?

Regulates government capacity and organization.

Private law — acts?

Regulates private relationships and autonomy.

Verdrag — written?

Yes, treaties require written form.

Verdrag — legal effect?

Creates binding legal obligations.

Verdrag — direct effect?

Treaty provisions produce domestic legal consequences.

Gentlemen’s agreements — binding?

No, they lack legal enforceability.

International treaty subjects?

States and international organizations.

Treaty-making capacity — who?

States via competent organs; organizations within powers.

Treaty sources — name?

International treaties and sources of international law.

Treaty name — importance?

Legal effect depends on content, not name.

Voorbehoud — conditions?

Must not undermine treaty’s purpose; accepted unless incompatible.

Voorbehoud — acceptance?

Implied or explicit, within 12 months.

Verdrag — inwerkingtreding?

Upon conditions or agreement of parties.

Verdrag — legal consequence?

Binding on parties once in force.

Preconstituante — role?

Sets scope and conditions for constitutional revision.

Constituante — role?

Decides on actual constitutional amendments.