icj1
pre 13 godina
The Serb representative cannot sign any international agreement that is contrary to the Serbian constitution. Any agreements signed will be non binding and can be done away with by any side any time.
(sj, 25 April 2011 00:29)
Again, if the ratification instrument is send to the other party by some somebody representing Serbia (the President, Primer Minister or Minister of Foreign Affairs), the international agreement is binding on Serbia. Serbia can then put on trial and execute, if it wants, whoever ratified it, but that's an internal Serbian problem; it does not make the agreement non-binding. The binding or non-binding is determined by the international law, not Serbia's domestic law. Otherwise it would be easy for States to get out of any agreement by just modifying their domestic laws :). For more information, you can read the 1969 Vienna Convention on the Law of Treaties (Serbia has already ratified it, but even if it were not, it still is binding because it is part of the international custumory law).
http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf
42 Komentari
Sortiraj po: