Saturday, August 27, 2011

Law of Treaties - Readings

Next week we will continue to look at the Law of Treaties, picking up where we left off on the issue of reservations. Pay particular attention to the ICJ advisory opinion, and the Human Rights Committee comments on reservations to the ICCPR.

In Section 4, on "Observance, Application, and Interpretation," read all of pp. 163-177, but in the notes beginning at p. 177, you need only review notes 2, 3, 7, 10, and 11.

When we turn to Section 5 on "Invalidity of Treaties," you will need to read parts A, and skim parts B and C; we will pay more close attention to part D on conflict with jus cogens norms.

In Section 6, "Termination or Suspension of Treaties," we will look at parts A and B closely, and in part C, pay particular attention to the Report of the ILC (and following notes), and the Advisory Opinion on Namibia. In part D, again the Report of the ILC, and the Babcikovo-Nagymaros Project case (which will come up several times during the course).

Hate Crimes and Freedom of Expression - for those who were interested in exploring further a different perspective on the balance between freedom of expression and equality rights in crafting hate-speech laws, you might be interested in the R. v. Keegstra decision of the Supreme Court of Canada that was mentioned in class. The headnote is quite detailed and will give you a sense of the argument if you don't have time to read the entire opinion.

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