International Law Treaties (or charter conventions, concordat, pact, protocol, accord, declaration, statute, act, covenant, exchange of notes, agreed minute, and memorandum of understanding)

Treaties 1969 Vienna Convention on the Law of Treaties – A treaty is “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments, and whatever it particular designation.” Excludes oral agreements and agreements between States and international organizations

Treaties Consensual approach; agreements among states to be bound Two basic types: – Bilateral: Between 2 (and only 2) nations – Multilateral: Between >2 nations Nearly all contain the substance of mutual advantage and reciprocal rights, like a contract

Treaties Adoption of the text of a treaty – By consent of all the States participating, or – At an international conference, by a 2/3 vote or by another percent agreed upon Adoption does not create obligations Obligations when ‘n’ states agree to be bound

Treaties Being bound – Usually signing and ratification – Ratification varies by state Head of State Legislature Negotiator – Ratification must be published to the other signatories Copy to state or sent to depositary

Treaties Purpose of ratification? – Check on negotiator – Second chance to look over treaty – Allow public and world opinion to be considered – Meet requirements of municipal law Ratification required? – Does treaty say? – If not, look to intent of the parties

Treaties Performance is considered ratification Accession: Agrees to be bound by a treaty not a party to; all other parties must agree or treaty allow (either in the treaty or afterward)

Treaties Entry into force – Upon agreement to be bound – On a fixed date or upon the happening of an event (usually a certain number of states agree to be bound)

Treaties Reservations: a unilateral statement made by a state whereby it excludes or modifies the legal effect to them of a certain provision[s] of the treaty – Does the treaty allow reservations? – Do the other states agree to allow reservations? – ICJ allows if reservation is not inconsistent with the object and purpose of the treaty – No reservations in bilateral treaties. Why???

Treaties Registration – With UN – If don’t, not void but not enforceable by or useable in UN

Treaty Interpretation Plain meaning of the text Intent of the parties Most recent treaty rules Specific over general Liberally construe to carry out the intent of the parties

Treaty Validity Must be fully sovereign states (contractual capacity) Did agents have authority to negotiate? Freedom of consent; no duress No fraud No substantial error or mistake Not in violation of international law

Treaties Termination of Treaties – Set date in treaty of termination – Treaty allow for withdrawal in certain circumstances – By consent of all parties – Desuetude: conduct of parties indicate intent – Implied in treaty – Material breach (but multilateral treaties??)

Treaties Termination of Treaties (continued) – Impossibility of performance – Fundamental change in circumstances – New peremptory norm of international law (jus cogens) – War