Saturday, May 17, 2014

Qatar v. Bahrain case brief summary

Qatar v. Bahrain
Argument:
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
Analysis:
  • No particular form is necessary
  • Subsequent conduct is irrelevant
TEST:
  • 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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