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Vclt Law International Customary Treaties Applies States Concluded

Vorderseite The Vienna Convention on the Law of Treaties
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General:
- VCLT is the most important document on the law of treaties
- reason for establishment of VCLT: uncertainties on details of the effects of treatise
- VCLT should result in more coherence
- VCLT was adopted in 1969
- initial hesitations, because it was more progressive than current customary international law -> now overcome

Attributes:
 - sets out law for
   - making
   - operation
   - termination
   of a treaty
 - applies only to states
 - is not concerned with the substance of a treaty
 - applies to treaties constituting an organisation, as those are concluded by states
 - only written international agreements are included
 - the VCLT only applies if the state was a partie to the VCLT when the treaty was concluded -> no retrospective effect
- the VCLT allows states much flexibility

The VCLT and Customary International Law:
 - customary international law continues to govern questions not regulated by the VCLT
 - unspoken assumption: VCLT represents customary international law (ICJ has always treated it as such)
 - new customary international law can emerge -> wont be represented in the VCLT

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