Saturday, May 17, 2014

Qatar v. Bahrain case brief summary

Qatar v. Bahrain
Exchanges and “minutes” signed by heads of state do not constitute an agreement such that ICJ jur under 36(1) is founded, but rather a simple record of negotiations
  • The Foreign minister could not have signed a treaty because he lacked the authority under the Constitution of Bahrain—Counter= yet, he APPEARED to have the authority which is sufficient under ARTICLE 7, paragraph 1 and 2
Held: Yes, they constitute an agreement
  • No particular form is necessary
  • Subsequent conduct is irrelevant
  • Actual terms and the circumstances under which it was drawn up
  • Intentions of the people signing the minutes are irrelevant
  • Subsequent conduct is also irrelevant

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