The recent United States – Iran negotiations international.

Question: Is the recent United States – Iran negotiations international ‘treaty’ material? ——————————————- – * Facets of the question/answer include the following: -Historical context of United States – Iran -Comparative examples where similar negotiations have become treaties; And touch upon the following processes” – Understanding the treaty concept What is a treaty? – Treaty functions Why make treaties? What do treaties do? – Treaty alternatives political commitments (in this case), contracts, unilateral declarations – Authority to make treaties States, International Organizations, other subjects of international law – Treaty negotiations bilateral and multilateral processes and participants – Methods of treaty consent – Obligations prior to entry into force signature and provisional application – Entry into force – Reservations, Understandings, and Declarations – Methods of treaty interpretation – Grounds for the invalidity of a treaty – Exiting treaty commitments – Succession to a treaty in case of dissolution or merger of states – Interaction among treaties – Domestic authorisation of treaty-making the role of executives and legislatures – Status of a treaty in a national legal system federal and non-federal States – The future of multilateral treaty-making. * Must use purely academic sources, databases (i.e. Westlaw) and journal articles * Also refer to legal precedents as references (in italics) *Spelling, grammar and sentence structure is to be of high standard. Essays will be sent back if not checked. * 12 point font, 1.5 spacing, 10 point font for references * Legal referencing (Harvard) – footnotes and alphabetical Reference List. Where books are used, reference page number/s. Please refer to https://guides.is.uwa.au/c.php?g=325349&p=2177349 as specialised referencing required. * Bibliography and footnotes: primary and secondary references * No plagiarism or unreferenced sources – I have asked for previous refunds on this basis where it has been detected. * Make sure you stick to the crux of the question. Background on cases / question context is not overly important. * The essay questions should reflect the following themes: 1. Appreciate the treaty concept from different historical, theoretical and functional perspectives 2. Assess the trade-offs of using different forms of international agreement in different circumstances (e.g., treaties, political commitments, transnational contracts) 3. Understand the treaty-making capacity of different actors including, but not limited to, States 4. Explain the different stages of the treaty-making process 5. Draft basic treaty clauses and documents related to the treaty process 6. Understand treaty interpretation rules and the different methods applied under those rules 7. Articulate various bases for terminating or suspending treaty commitments 8. Appreciate the different frameworks domestic legal systems use in allocating treaty-making powers and regulating the legal status of treaties 9. Find and access the texts and status of treaties for purposes of making legal arguments * Remember that this a law/legal subject so basic legalese and analytical analysis (i.e.. cases) is required * Please, in some shape, refer to the following sources where/if relevant: ? 1. Vienna Convention on the Law of Treaties, opened for signature 23 May 1969, 1155 UNTS 331 (in force 27 January 1980) (hereinafter VCLT). I have included a copy of the VCLT in the printed materials (PM). It is also available on-line at https://legal.un.org/ilc/texts/instruments/english/conventions/111969.pdf 2. Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, opened for signature 21 March 1986, 25 ILM 543 (not yet in force) (hereinafter 1986 VCLT). I have not included a copy of the 1986 VCLT in your printed materials since (as we shall discuss) its contents greatly track those of the original 1969 VCLT. An on-line version of the treaty is available at: https://legal.un.org/ilc/texts/instruments/english/conventions/121986.pdf 3. Vienna Convention on Succession of States in respect of Treaties, opened for signature 23 August 1978, 1946 UNTS 3 (in force 6 November 1996). I have not included a copy of this treaty, but you may easily access its contents at: https://legal.un.org/ilc/texts/instruments/english/conventions/321978.pdf 4. Charter of the United Nations, signed 26 June 1945, [1945] ATS 1 (in force 24 October 1945). The Charter text is readily available at: https://www.un.org/en/charter-united-nations/. 5. VCLT, art. 26 (CM) 6. JAMES CRAWFORD, BROWNLIES PRINCIPLES OF PUBLIC INTERNATIONAL LAW (8th ed., Oxford Univ. Press, 2012) pp. 20-23, 30-34 (PM) 7. New Revised Standard Bible (1989), Deuteronomy 20:10-18 and Joshua 9:3-21 (PM) 8. Legal Status of Eastern Greenland (Denmark v. Norway), P.C.I.J., Ser. A/B, No. 53 (1933) pp. 22-23, 69-73 & dissenting opinion of M. Anzilotti at pp. 91-92 (PM) 9. VCLT, arts. 2(1)(a), 3 (CM) 10. 1986 VCLT, art 2(1)(a) (CM) 11. Qatar v. Bahrain (Jurisdiction), [1994] ICJ Rep. 120-122 (paragraphs 22-30) (PM) 12/ Anglo-Iranian Oil Company Case (Preliminary Objection), [1952] ICJ Rep. 111-112 (PM) 13. Duncan B. Hollis, Defining Treaties, in DUNCAN B. HOLLIS (ED.), THE OXFORD GUIDE TO TREATIES (Oxford Univ. Press, 2012) pp. 11-44 (PM) 14. Jan Klabbers, Not Re-visiting the Concept of Treaty, in A. ORAKHELASHVILI AND S. WILLIAMS (EDS.), 40 YEARS OF THE VIENNA CONVENTION ON THE LAW OF TREATIES (British Instit. Intl & Comp. Law, 2010) (PM) 15. Charles Lipson, Why Are Some International Agreements Informal?, 45 INTL ORG. 495 (1991) (PM) 16. VCLT, arts. 31-33 (CM) 17. IAN SINCLAIR, THE VIENNA CONVENTION ON THE LAW OF TREATIES (1973) pp. 69-76 (PM) 18. JAN KLABBERS, AN INTRODUCTION TO INTERNATIONAL INSTITUTIONAL LAW (Cambridge Univ. Press 2009) pp. 74-76, 86-92 (PM) 19. Ba?ak ??ali, Specialized Rules of Treaty Interpretation: Human Rights, in DUNCAN B. HOLLIS (ED.), THE OXFORD GUIDE TO TREATIES (Oxford Univ. Press, 2012) pp. 525-533 (PM) 20. Summary of the Judgement of 6 November 2003, Oil Platforms (Islamic Republic of Iran v. United States of America) available on-line at https://www.icj-cij.org/docket/?sum=634&code=op&p1=3&p2=3&case=90&p3=5 Also please refer to Article X of the Treaty of Amity.

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