Revision Sheet: Treaties in Public International Law (2) PDF

Revision Sheet: Treaties in Public International Law (2) 1. Introduction to Treaties in Public International Law (PIL) Definition: Article 2.1(a) of the Vienna Convention on the Law of Treaties (VCLT) 1969 defines a treaty as "an international agreement concluded between states i...

Revision Sheet: Treaties in Public International Law (2) 1. Introduction to Treaties in Public International Law (PIL) Definition: Article 2.1(a) of the Vienna Convention on the Law of Treaties (VCLT) 1969 defines a treaty as "an international agreement concluded between states in written form and governed by international law." Treaties create binding legal obligations and are a primary source of Public International Law. Scope: Govern relations between states. Exclude agreements involving non-state actors, unless they become customary law. 2. Sources of Public International Law Primary Sources: 1. Treaties: Agreements that create binding obligations. 2. Customary International Law: Practices accepted as legal obligations. 3. General Principles of Law: Common to major legal systems worldwide. Subsidiary Sources: Judicial decisions. Teachings of highly qualified publicists, which guide interpretation. 3. Characteristics of Treaties Normative Function: Establish rules and obligations between parties, akin to contracts in domestic law. Two Types: 1. Law-Making Treaties: Establish universal rules (e.g., human rights treaties). 2. Treaty Contracts: Create specific obligations for a limited number of states (e.g., trade agreements). Binding Nature: Treaties bind states that explicitly consent through signatures, ratifications, or other forms of agreement. 4. Vienna Convention on the Law of Treaties (VCLT) Role: A comprehensive codification of treaty law, addressing formation, interpretation, application, and termination. Principles Underpinning the VCLT: 1. Pacta Sunt Servanda: "Agreements must be kept." 2. Good Faith: Treaties must be negotiated, interpreted, and performed honestly. 3. Free Consent: States are bound only by treaties they voluntarily agree to. No Retrospective Effect: The VCLT does not apply to treaties concluded before it entered into force. 5. Process of Treaty Formation Stages: 1. Projection Stage: Internal processes within states to generate input and positions. 2. Negotiation Stage: Collaborative discussions between state representatives. Amendments proposed to ensure alignment with state interests. Consensus-building to finalize treaty provisions. 3. Re-Entry Stage: National-level reviews and recirculation before final approval. Steps to Finalize a Treaty: 1. Negotiation: Representatives draft the treaty text. 2. Adoption: States agree on the final text via consensus or majority rule. 3. Authentication: Formalizes the text to prevent further modifications. 4. Consent to be Bound: Demonstrated through: Ratification Acceptance/Approval Accession Exchange of Letters 6. Treaty Operations Entry into Force: A treaty becomes legally binding once the specified conditions (e.g., number of ratifications) are met or on the date set in the treaty. Reservations: States may exclude or modify certain provisions through unilateral declarations. Reservations must not undermine the treaty’s object or purpose. Interpretations: States can issue interpretative declarations to clarify their understanding of treaty terms. Conditional declarations impose specific interpretations on other parties. Conflicts Between Treaties: 1. Lex Posteriori: Later treaties override earlier ones. 2. Lex Specialis: Specific treaties take precedence over general ones. 7. Effects of Treaties on Third Parties General Rule: Treaties do not create obligations or rights for non-parties unless explicitly consented to. Exceptions: 1. Provisions may bind third parties if they become customary international law. 2. Treaties may grant rights to third parties with their acceptance. 8. Suspension and Termination of Treaties Suspension: Temporarily halts treaty obligations, with the consent of parties involved. Termination: Methods: 1. Mutual Agreement: All parties consent. 2. Material Breach: A violation allows others to terminate. 3. Impossibility of Performance: Changed circumstances render obligations unachievable. 4. Emergence of Jus Cogens: New peremptory norms invalidate conflicting treaties. 5. Fundamental Changes: Unforeseen circumstances undermine treaty objectives. 9. Fundamental Principles of Treaty Law Free Consent Principle: States are bound only by treaties they voluntarily agree to. Pacta Sunt Servanda Principle: Core principle of treaty law: Agreements must be upheld in good faith. Good Faith Principle: Applies throughout the treaty lifecycle: negotiation, interpretation, performance, and termination. 10. Registration and Publication of Treaties  Registration: Treaties must be registered with the UN Secretariat. Failure to register does not affect their legality but may impact enforcement. Publication: Treaties are published in the UN Treaty Series (UNTS) to ensure transparency and accessibility. 11. Conclusion Treaties are the most fundamental source of Public International Law, providing legal predictability and fostering international cooperation. The VCLT ensures the systematic development of treaty law, adapting to changing international dynamics while upholding essential principles like free consent, good faith, and pacta sunt servanda.