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Publıc Internatıonal Law I
PUBLIC INTERNATIONAL LAW I Dersi Law and Practice of Treaties soru cevapları
PUBLIC INTERNATIONAL LAW I Dersi Law and Practice of Treaties soru detayı:
SORU: What are the three different opinions regarding the validity of a state’s consent for non-compliance with a requirement of municipal law on treaty making?
What are the three different opinions regarding the validity of a state’s consent for non-compliance with a requirement of municipal law on treaty making?
CEVAP: - A treaty becomes voidable in contravention of constitutional limitations;
- A state contesting the validity of a treaty on constitutional grounds may invoke only those provisions of the constitution which are notorious;
- Once the state has expressed its consentto be bound by the treaty through oneof the established procedures under its constitutional law, the state is bound by the treaty in international law.
- A treaty becomes voidable in contravention of constitutional limitations;
- A state contesting the validity of a treaty on constitutional grounds may invoke only those provisions of the constitution which are notorious;
- Once the state has expressed its consentto be bound by the treaty through oneof the established procedures under its constitutional law, the state is bound by the treaty in international law.