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Philippine Bar review · Question

Practice question: General Principles of Treaty Law

Multiple Choice Hard

Practice question

A State signs a treaty subject to ratification. Ratification has not occurred, and the treaty is not in force for it. The State has not made clear an intention not to become a party. It argues that it may deliberately defeat the treaty's object and purpose because signature creates no possible obligation. Under VCLT Article 18(a), which is correct?
  1. It must refrain from acts defeating the treaty's object and purpose during the stated period, without being treated as bound to perform every treaty provision.
  2. It is already obliged to perform every provision as though the treaty were in force.
  3. Signature has no possible legal significance.
  4. It must ratify every signed treaty.
  5. Every domestic law is suspended immediately.

Legal references

  • Vienna Convention on the Law of Treaties (1969), Articles 2, 18, 26–27, 31–32, 34: https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf

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