MODULE V
Law of International Treaties
Introduction
• The present Convention applies to any treaty between one or
more States and one or more international
organizations which is the constituent instrument of
an international organization and to any treaty adopted
within an international organization, without prejudice to any
relevant rules of the organization.
Definition
• Treaty is a binding formal agreement, contract, or other written instrument
• establishes obligations between two or more subjects of international law (primarily states
and international organizations).
• Signed on behalf of the State by
(1) Heads of States, heads of governments and the ministers for foreign affairs, for the purpose of performing
all acts related to the conclusion of a treaty;
(2) Heads of diplomatic missions, for the purpose of adopting the text of a treaty between their States;
(3) Representatives accredited by States to an international conference or to international organization or one
of its organs, for the purpose of adopting the text of a treaty in that conference, organization or organ.
•
Conclusion of Treaties
• Treaties may be concluded by States in any manner they wish. There are
no obligatory prescribed forms or procedures to be followed.
• Negotiating, formulating, signing and adopting a treaty are subject to the
intention and consent of the contracting States.
• However, the 1969 Convention on the Law of Treaties provides general
rules applicable to the conclusion of treaties, rules regarding the capacity
and the competent persons to conclude treaties, the adoption and
authentication of the text of treaties, and the adoption of treaties.
Adoption
• A treaty has to be adopted by the participating States to become
binding upon them. States adopt a treaty by giving their consent to it.
• The consent of the States parties to a treaty is an essential factor
because States are bound only by their consent.
• The consent may be expressed by signature, exchange of instruments
constituting a treaty, ratification, acceptance, approval or accession, or
by any other means if so agreed
Reservations
• In effect, a reservation allows the state to be a party to the treaty, while
excluding the legal effect of that specific provision in the treaty to which
it objects.
• States cannot take reservations after they have accepted the treaty;
a reservation must be made at the time that the treaty affects the State.
• According to VCLT, article 19(b) – a reservation is allowed unless
the treaty provides that only specified reservations, which do not include
the reservation in question, may be made.
Custodian of Treaties
• Treaties, nowadays, are registered with the Secretariat of the
United Nations which then publishes them in the United Nations
Treaty Series (UNTS).
• The UNTS provides a useful source of reference for the
conclusion and contents of treaties.
• United Nations Secretariat plays a significant role as depositary
of multilateral treaties.
Observance
• The Latin principle “Pacta Sunt Servanda”, which means that treaties shall be observed, is the
fundamental principle of the customary law of treaties and the very foundation of International Law.
• This principle is included in the Preamble and Article 26 of the 1969 Vienna Convention on the Law of
Treaties, which states that “[e]very treaty in force is binding upon the parties to it and must be
performed by them in good faith.”
• Another long-standing principle of customary international law included in Article 27 of the
Convention is that “[a] party may not invoke the provisions of its internal law as justification for its
failure to perform a treaty.”
• The parties to a treaty are under a duty to observe the treaty in good faith, and a duty not to invoke its
internal law as justification for failure to perform the treaty.
Suspension
Making of a treaty temporary inoperative in regard to either all or a particular party.
1) the conclusion of a later treaty related to the same subject matter, if it appears from the
later treaty or otherwise established that such was the intention of the parties;
2) a material breach of a treaty which consists in either a repudiation of the treaty not
permitted by the Vienna Convention or the violation of a provision essential to the
accomplishment of the object or purpose of the treaty
3) the temporary impossibility of performing a treaty
4) a fundamental change of circumstances occurs with regard to those existing at the time
of the conclusion of that treaty.
Termination of Treaties
• Termination of a treaty means the end of the operation of a treaty, resulting in depriving all the parties
of all the rights, and in releasing them from performing further obligations, under the treaty.
• Under the Vienna Convention termination of a treaty or the withdrawal of a party may take place
either in conformity with the provisions of the treaty, or at any time by consent of all the parties after
consultation with the other contracting States.
• Actually, most of the modern treaties contain provisions for their termination or for the withdrawal of
a party.
• A treaty may provide that it shall come to an end automatically after a certain time, or at the
occurrence of a particular event.
• A treaty may give a party a right to withdraw from it after giving a certain period of notice.
Termination
• Termination of Treaties by Notice.—Typically, a treaty provides for
its termination by notice of one of the parties, usually after a prescribed
time from the date of notice.
• May be terminated by agreement of the parties, or by breach by one of
the parties, or by some other means.
• Change in status of the signatory
