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2002: Williams et al. v. State of Buenaventura

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Chapter Summary

In this Bench Memorandum only the issues considered most problematic will be addressed.First the relevant facts will be summarized; next the admissibility questions deemed most complicated will be addressed; finally the merits of the case will be discussed.Article 34 of the Vienna Convention on the Laws of Treaties establishes that&t; treaty does not create either obligations or rights for a third State without its consent&t;, and the Court itself has set forth this principle in many of its decisions.Finally, even when it is asserted that the American Declaration is customary international law, it cannot be said that there exists an additional norm of customary international law which gives the Court contentious jurisdiction over it.

Keywords: American Declaration; Bench Memorandum; international law; Laws of Treaties; pagura workers union; Vienna Convention



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