Treaties in International Law

Overview of Treaties in International Law

• A treaty is a formal, legally binding written agreement between actors in international law, usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons.

• The 1969 Vienna Convention on the Law of Treaties codified the guidelines and rules for creating, amending, interpreting, and terminating treaties and for resolving disputes and alleged breaches.

• Treaties serve as primary sources of international law and have codified or established most international legal principles since the early 20th century.

• A treaty typically begins with a preamble describing the "High Contracting Parties" and their shared objectives in executing the treaty, as well as summarizing any underlying events.

• Bilateral treaties are concluded between two states or entities, while multilateral treaties are concluded among several countries.

• The United Nations has extensive power to convene states to enact large-scale multilateral treaties and has experience doing so.

• Reservations are unilateral statements purporting to exclude or modify the legal obligation and its effects on the reserving state.

• There are three ways an existing treaty can be amended: a formal amendment, informal amendment, and protocol.

• Treaties may be seen as "self-executing", or non-self-executing and require "implementing legislation".

• The language of treaties must be interpreted when the wording does not seem clear, or it is not immediately apparent how it should be applied in a perhaps unforeseen circumstance.

• While the Vienna Convention provides a general dispute resolution mechanism, many treaties specify a process outside the convention for arbitrating disputes and alleged breaches.

• Treaties are not necessarily permanently binding upon the signatory parties, and withdrawal is possible.Overview of International Treaties and their Validity

• Some treaties allow for withdrawal by following certain procedures of notification, while others expressly forbid it.

• A material breach of treaty obligations may result in the temporary suspension or permanent termination of the treaty.

• Treaties may include provisions for self-termination or may be intended to be only temporarily binding.

• A party may claim that a treaty should be terminated due to a fundamental change in circumstances.

• Cartels were a special kind of treaty in the 17th to 19th centuries that regulated specific activities of common interest among contracting states that otherwise remained rivals in other areas.

• An otherwise valid treaty may be rejected as a binding international agreement due to being forced upon a party or being in violation of a peremptory norm.

• A party's consent to a treaty is invalid if it had been given by an agent or body without power to do so under that state's domestic laws.

• Consent may also be invalidated if it was induced by misunderstanding, fraud, corruption, or coercion.

• A treaty is null and void if it is in violation of a peremptory norm.

• In Australia, treaties are considered a source of law but may require an act of parliament to be passed depending on their nature.

• In Brazil, treaties must be approved by Congress and incorporated into domestic law by means of a presidential decree.

• The United States distinguishes between "treaties", "executive agreements", and "congressional-executive agreements", which are subject to different political and legal requirements and implications.

• Treaties have played an important role in European colonization and have been used to legitimize sovereignty and maintain autonomy for indigenous peoples in some cases.Treaties with Indigenous Peoples: A Look at Australia, the United States, and Canada

• Terra nullius was the doctrine adopted by Europeans to claim land ownership in Australia, despite no treaty being entered into with the Indigenous peoples, except in South Australia.

• The Victorian First Peoples' Assembly was established in Australia in 2019 to work out the rules for individual treaties to be negotiated between the government and Indigenous peoples.

• Before 1871, the government of the United States regularly entered into treaties with Native Americans, but the Indian Appropriations Act of 1871 effectively ended this practice.

• In Canada, historic treaties fall into three categories: commercial, alliance, and territorial, with territorial treaties being signed between 1760 and 1923 to dictate land rights.

• The Indigenous understanding of treaties is based on traditional culture and values, which emphasizes maintaining healthy and equitable relationships with other nations and the environment.

• Gdoo-naaganinaa, a historic treaty between the Nishnaabeg nation and the Haudenosaunee Confederacy, is an example of how First Nations approach treaties, as a living and equitable agreement that must be upheld continually and renewed over time.

• European settlers in Canada had a different perception of treaties, viewing them as legal contracts over which future Canadian law would rely on.

• Canada recognizes 25 Modern Treaties that represent the relationships between 97 Indigenous groups, including over 89,000 people.

• Modern treaties in Canada have been instrumental in strengthening Indigenous sovereignty and self-determination.

• Treaties today provide Indigenous peoples with a means of asserting their rights, protecting their lands and resources, and achieving self-determination.

• Treaties also serve as a reminder of past injustices and the need for reconciliation.

• The perception of treaties varies between Indigenous peoples and non-Indigenous peoples, with Indigenous peoples viewing them as living and equitable agreements and non-Indigenous peoples viewing them as legal contracts.