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the serial Japan-Korea treaties of 1905, 1907 and 1910
What treaties between Japan and Korea are examples of treaties that were declared null and void?
the 1965 Treaty on Basic Relations between Japan and the Republic of Korea
In what treaty were the serial Japan-Korea treaties of 1905, 1907, and 1910 confirmed as "already null and void?"
Japan and the Republic of Korea
Which two states signed a treaty that declared previous treaties between the two from 1905, 1907, and 1910 to be already void?
a binding international agreement
An otherwise valid and agreed upon treaty may be rejected as what for several reasons most of which involve problems created at the formation of a treaty?
that state's domestic law
A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under what?
his proper authority
For what does a strong presumption exist internationally that a head of state has acted within in entering into a treaty?
a "manifest violation"
What is required to invalidate a party's consent due to a reluctance to inquire into the internal affairs and processes of other states?
the internal affairs and processes
A manifest violation is required to invalidate a party's consent to a treaty due to a reluctance internationally to inquire into what aspects of other states?
invalid
What might a party's consent to a treaty be considered if it has been given by an agent without the power under the state's domestic law to do so?
invalid
If a state's representative ignored restrictions he is subject to by his sovereign, what might that state's consent to a treaty be considered to be?
his sovereign
Who might place restrictions on a representative during negotiation of a treaty?
the other parties to the treaty were notified of those restrictions prior to his signing
What must be true of the ignored restrictions placed on a representative by his sovereign in order for a state's consent to a treaty to be considered invalid?
the other parties
Who must have been notified of the ignored restrictions placed by a sovereign on his representative prior to the signing of a treaty in order for a state's consent to be considered invalid?
The Law of Treaties
The preamble of what states that treaties are a source of international law?
international law
Which will prevail in a conflict between international and domestic law?
treaties
What are started to be a source of international law in the preamble in The Law of Treaties?
internal law
Approval under what law will not make an act or lack thereof legal if condemned under international law?
international law
An act or lack thereof cannot be made legal under what law even if made legal under internal law?
Articles 46–53
Which articles of the Vienna Convention on the Law of Treaties set out the ways that treaties can be invalidated?
the content of the treaty itself
In addition to the circumstances by which a state party joined a treaty, why might a treaty be invalidated?
the circumstances by which a state party joined the treaty
In addition to the content of the treaty itself, why might a treated by invalidated?
invalidated
A treaty might be considered what if it's considered unenforceable and void under international law?
withdrawal, suspension, or termination
Which processes simply alter the consent given by parties to a previously valid treaty rather than invalidating the consent completely?
own conduct
What on behalf of a state cannot invalidate that state's consent to a treaty?
the truth
Consent to a treaty will not be invalidated if what should have been evident?
A state's consent
What may be invalidated if there was an erroneous understanding of a fact or situation at the time of conclusion of a treaty?
formed the "essential basis" of the state's consent
An erroneous understanding of a fact or situation may only invalidate a state's consent to a treaty if what is also true about the erroneous understanding?
an erroneous understanding of a fact or situation
What, if it formed the "essential basis" of a state's consent to a treaty, may invalidate that consent?
fraudulent conduct
What type of conduct of a party to a treaty can invalidate the consent of another party?
corruption
What type of action, either direct or indirect, of a state's representative by another type of party to a treaty can invalidate a state's consent?
invalidate that consent
Coercion of a representative or a state itself will result in what happening to its consent to a treaty?
representative
Coercion of a state or its what through the threat or use of force, if used to obtain the consent of that state to a treaty, will invalidate that consent?
used to obtain the consent of that state to a treaty
What must be true of coercion through the threat or use of force of a party to treaty for it to invalidate the state's consent to a treaty?
null and void
What will a treaty be if it is in violation of a peremptory norm?
peremptory norm
What type of norm is recognized as permitting no violations and so cannot be altered through treaty obligations?
no state can legally assume an obligation to commit or permit such acts
What is true of acts such as genocide and piracy in regard to treaty law?
permitting no violations and so cannot be altered through treaty obligations
What distinguishes peremptory norms from other principles of customary law?
genocide
What is an example of a type of universally prohibited action that no state can legally assume an obligation to commit or permit through a treaty?
the International Court of Justice
What is the judiciary organ of the United Nations?
The United Nations Charter
What document states that treaties must be registered with the United Nations to be invoked before it or enforced in the International Court of Justice?
to prevent the proliferation of secret treaties
Why does the United Nations Charter state that treaties must be registered with the United Nations?
19th and 20th century
In which centuries did a proliferation of secret treaties occur that led the United Nations Charter to include an obligation to register treaties to be invoked before it?
Section 103
What section of the United Nations Charter states that its members' obligation under the charter outweigh any competing obligations under other treaties?
the United Nations
Treaties and their amendments must follow the official legal procedures of what body after their adoption?
the Office of Legal Affairs
Which office of the United Nations is in charge of applying its official legal procedures?
After their adoption
When must all treaties and their amendments follow the official legal procedures of the United Nations?
entry into force
In addition to signature and ratification, what legal procedure of the United Nations must all treaties follow after their adoption?
signature, ratification and entry into force
What are three official legal procedures of the United Nations that all treaties must follow after their adoption?
the pre-Constitutional United States Federal government
The United Nations has been compared to what government in function and effectiveness?
function and effectiveness
In which aspects has the United Nations been compared to the pre-Constitutional United States Federal government?
modern treaty law and the historical Articles of Confederation
The comparison of the United Nations to the pre-Constitutional United States Federal government gives us a comparison between what modern and historical legal topics of interest?
the UN
Modern treaty law can be compared in function and effectiveness to the historical Articles of Confederation by comparing the pre-Constitutional United States Federal government with what modern institution?
Articles of Confederation
What legal document formed the basis of the pre-Constitutional Federal government of the United States?
articles 84, clause VIII, and 49, clause I
What part of the Brazilian federal consitution states that the power to enter into treaties is vested in the president and that such treaties must be approved by Congress?
Congress
In practice the Brazilian president must get the prior approval of what body in order to negotiate and sign a treaty?
the Federal Supreme Court
What Brazilian institution has ruled that a treaty must be incorporated into domestic law by means of a presidential decree?
the federal register
In order for a treaty to be valid in Brazil, a presidential decree incorporating the treaty into domestic law must be published where in order to be valid?
president
In what office is the power to enter into treaties vested according to the Brazilian federal constitution?
same hierarchical position
The Brazilian Federal Supreme Court has ruled that treaties enjoy what position relative to ordinary legislation?
2008
In what year did the Brazilian Supreme Court rule that treaties containing human rights provisions enjoy a status above ordinary legislation?
the 45th amendment
What amendment to the Brazilian constitution states that human rights treaties approved by means of a special procedure by Congress enjoy the same position as a constitutional amendment?
abrogate
The hierarchical position of treaties relative to domestic legislation in Brazil determines whether the latter can do what to the former and vice versa?
leis ordinárias
What is the Portuguese term for ordinary laws?
supremacy clause
What kind of clause does the United States constitution have that the Brazilian constitution does not have with the same effects?
state legislation
A supremacy clause in a federal constitution is relevant to the discussion on the relation between treaties and what other type of legislation?
supremacy clause
What clause of the United States Constitution is relevant to the discussion of the relation between treaties and U.S. legislation?
treaties
The Brazilian constitution does not have a supremacy clause that would be of interest to the relation between state legislation and what other legal agreements?
internal American law
Treaties, executive agreements, congressional-executive agreements, and sole executive agreements are the same under international law but different with respect to what?
their method of approval
Under US law, what primarily distinguishes treaties, executive agreements, congressional-executive agreements, and sole executive agreements?
two-thirds
What percentage of United States Senators must give advice and consent in order for the US to enter a treaty?
sole executive agreements
What type of agreement may a US president enter by acting alone?
congressional-executive agreements
What type of agreement requires majority approval by both the House and the Senate before or after a treaty is signed by the United States president?
10:1
In the United States, what is the ratio of executive agreements to treaties?
the relative ease
What is it about the approval process of executive agreements might lead a US president to prefer them over treaties?
pass implementing legislation or appropriate funds
The president of the United States might prefer the formal treaty process on matters that require Congress to do what?
long-term, complex
The president of the United States might prefer the formal treaty process for agreements that impose what type of legal obligations on the US?
Iran
The international deal between the US, other countries, and what controversial nation is not a treaty?
Head Money Cases
In what cases did the US Supreme Court rule that treaties do not have a privileged position over Acts of Congress?
Act of Congress
The US Supreme Court ruled that treaties can be repealed or modified by what for the purposes of US law?
Reid v. Covert
What Supreme Court case ruled that a treaty provision that conflicts with the US Constitution is null and void under US law?
any other regular law
The US Supreme Court ruled that treaties can be repealed or modified for the purposes of US law just like what by any subsequent Act of Congress?
null and void
Any treaty provision that conflicts with the US Constitution is considered what under US law?
Union List, State List and Concurrent List
Into what 3 lists are legislation subjects divided in India?
Concurrent subjects
What type of legislative subjects can both the central legislative body and state legislatures make laws?
Parliament of India
What is the central legislative body in India?
any subject
In order to implement international treaties, for what subjects can the Parliament of India legislate to override the general division of subject lists?
the subjects in Union list
What subjects can only be legislated by the central legislative body in India?
Treaties
What formed an important part of European colonization?
indigenous peoples
With whom did Europeans attempt to sign treaties in order to legitimize their sovereignty during colonization?
extremely disadvantageous terms
What terms in relation to Europeans did most indigenous people enjoy under treaties?
the implications
What aspect of the treaties that indigenous people signed with Europeans did the indigenous people typically not understand?
their sovereignty
What did Europeans try to legitimize all over the world by signing treaties with indigenous people?
Ethiopia and Qing Dynasty China
In what two rare cases were local governments able to mitigate the impact of of European colonization through treaties?
the intricacies of European diplomatic customs
What did Ethiopians learn in order to use treaties to prevent a European power from overstepping their agreement?
the impact of European colonization
Both Ethiopia and Qing Dynasty China learned the intricacies of European diplomatic customs to mitigate what through treaties?
by playing different powers against each other
In addition to preventing a power from overstepping their agreement, how was Ethiopia able to mitigate the impact of European colonization?
overstepping
Ethiopia and Qing Dynasty China were both able to prevent European powers from doing what to their agreements?
autonomy
What were native peoples able to maintain a minimum amount of through treaties?
Māori
What indigenous people of New Zealand entered into a treaty entitling Europeans to land ownership?
terra nullius
What doctrine was overturned by Mabo v Queensland establishing the concept of native title?