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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? |
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