Test 2: the 1969 VCLT

1.   What are the compulsory formalities for passing a valid treaty in accordance with the 1969 Vienna Convention on the Law of the Treaties?

a) Signature and ratification

b) Adoption, authentication, signature and exchange of instruments as well as ratification and exchange of instruments.

c) Adoption, authentication, signature and exchange of instruments as well as accession and exchange of instruments.

d)  It must be published in the BOE in the case of Spain.

2.  Boris Johnson, Ministry of Foreign Affairs of the United Kingdom cannot negotiate the treaty of BREXIT. Is is possible in accordance with the 1969 Vienna Convention on the Law of the Treaties?

 a) No. In accordance with that treaty, Ministry of Foreign Affairs is competent to bound its own State.

b) Yes. Even if it is true that Ministry of Foreign Affairs is competent to bound its own State, it is compatible to give specific powers to another person concerning to a specific task.

c) Only Prime Minister signature is legitimate.

d) The BREXIT treaty need to be ratified by the MPs afterwards. As it requires the execution order of article 50 of the Treaty of Functioning of European Union and the recent case before the Supreme Court.

3.  Choose the correct answer.

a) Reservation is a bilateral statement from two States in order to modify a treaty.

b) In accordance with the 1969 Vienna Convention on the Law of the Treaties package-deal treaties are void.

c) Nullity implies a lack of efficacy of a treaty from the moment that nullity has been pointed out.

d) Interpretation must follow the text, the object and context in accordance with article 31 and 32 of the 1969 Vienna Convention on the Law of the Treaties.

4.  Jus cogens is

a) Peremptory norms

b) Dispositive law

c) a source of law, which requires opinio iuris seu necessitatis.

d) Soft law

5.  Choose the correct answer

a) Soft law is a binding source of law.

b) Declarations are legally binding.

c) Derivative law is treaties.

d) Treaties that constitute International Organisations are under the 1969 Vienna Convention on the Law of the Treaties.

Solutions: 1 b), 2 b) 3 d) 4 a) 5 d)