The Law of Treaties

A treaty is a written international agreement concluded between States or other persons of International Law and designation. In English, the term ‘treaty” is used as a generic term embracing all kinds of international agreements “convention”, “declaration”, “general act”, “pact”, “protocol”, “statute”, as well as the term “agreement” itself. Whatever Treaties can be traced back as far as the early-recorded history of Mankind. Evidence for their existence has treaties in every conceivable subject. Ten of thousands treaties have been registered with the United Nations since signed, codifying and developing existing customary rules; it came into force in 1980.
The 1969 Vienna Convention on the Law of Treaties defines “treaty” as “an international agreement concluded between and whatever its particular designation.”It further provides that it “does not apply to international agreements agreements not in written form”. These provisions exclude agreements between states which are governed by agreements. The reason for the exclusion of these types of international agreements is to avoid complication and complexity aspects from the rules governing written agreements between States. A special convention applicable to agreements between States and International Organizations or between International Organizations”, was signed in 1986. However, The following sections are devoted to the rules applicable to the written agreements between States as provided under customary international law continue to govern questions not regulated by the Convention.

Section 1: Conclusion of Treaties
Treaties may be concluded by States in any manner they wish. There are no obligatory prescribed forms or procedures States. However, the 1969 Convention on the Law of Treaties provides general rules applicable to the conclusion and the adoption of treaties.

A. The Capacity to Conclude Treaties
Under the Convention, every State possesses capacity to conclude treaties. Since States are represented by persons, express the consent of the State bound by a treaty. Such persons must produce what is known as “full powers”. requirement is necessary to ensure the States parties to the treaty that they are dealing with the competent persons.

(1) Heads of States, heads of governments and the ministers for foreign affairs, for the purpose of performing.

(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 B. Adoption and Authentication of the Text of Treaties.

Once a draft of a treaty has been agreed upon by the competent persons, several stages need to be followed before content of the text of the proposed treaty are settled. It takes place by the consent of all the States participating in unless by the same majority they decide to apply a different rule. The adoption of the text of a treaty does not mean Second, the text of a treaty has to be authenticated. Authentication is a procedural step whereby the text of the definitively its content so that there will be no confusion as to its exact terms. The authentication of the text of a procedure, authentication may take place by the signature, signature ad referendum or initiating by the representatives.

C. The Adoption of Treaties
A treaty has to be adopted by the participating States to become binding upon them. States adopt a treaty by giving consent may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval .

(1) Consent by signature
A State may be regarded as consented to a treaty by signature when the treaty provides that signature shall have State to give that effect to the signature appears from the full powers of its representatives or was expressed during The act of signature is usually a formal event. Often in important treaties, heads of States formally affix their closing session held for that reason.

(2) Consent by exchange of instruments constituting a treaty
A State may be regarded as consented to a treaty by an exchange of instruments constituting a treaty when the the instrument should have that effect. Nowadays, often each State signs an instrument constituting a treaty and sends.

(3) Consent by ratification, acceptance or approval
The signing of the treaty by the representative of a State is either a means of expressing the final consent of the depends upon the terms of the treaty, the agreement of the negotiating States or their intention. If the treaty is subject namely the head of the State. Ratification by the competent authority of the contracting State is a step well established treaty. It allows a State to examine the provisions of a treaty before undertaking formal obligations. Moreover, it enables of how a state ratifies treaties is a matter for its internal law alone. The rules related to ratification vary from State The consent of a state to be bound by a treaty is expressed by ratification (acceptance or approval) when the ratification should be required, when the representatives of the State has signed the treaty subject to ratification, or during the negotiation. Ratification occurs when instruments of ratification are exchanged between the contracting States, or are deposited the State or the international organization that is appointed by the treaty to act as the depositary.

(4) Consent by accession
In addition to signature and ratification, a State may become a party bound by a treaty by accession. Accession consent to it may be expressed by accession, if it is established that the negotiating States were agreed that consent accession. Accession has the same effects as signature and ratification combined. It is the practice in the modern D. Reservation to a Treaty.

It is well established in the practice of States that a State has a capacity, when becoming a party to a treaty, to accept Vienna Convention on the Law of Treaties which states that a State may, when signing, ratifying, accepting, approving purpose, or the treaty permits only specified reservations. A reservation is defined by this Convention as “a unilateral to exclude or modify the legal effects of State”.

The effect of a reservation depends on whether it is accepted or rejected by the other parties to a treaty, and this counteroffer which may reopen the negotiation between the two parties concerning the terms of the treaty; and unless because it may be accepted by some parties and rejected by others. In such a case, the Convention on the Law States unless the treaty so provides, and that when it appears from the limited number of the negotiating States and of each one to be bound by the treaty, a reservation requires acceptance by all the parties.

The Convention requires that a reservation, an express acceptance of a reservation and an objection to a treaty acceptance of a reservation by a State may be implied if it has raised no objection to the reservation by the end of whichever is later. An objection by another contracting State to a reservation does not preclude the entry into force Unless the treaty provides otherwise, a reservation or an objection to a reservation may be withdrawn at any time. required that the withdrawal of a reservation or of an objection to a reservation be formulated in writing. Unless only when notice of it has been received by the concerned State.

A reservation established with regard to another party modifies for the reserving State in its relations with that same extent for that other party in its relations with the reserving State. However, the reservation does not modify Section 2: Entry into Force, Registration and Depositary of Treaties
The Convention provides rules applicable to the entry into force of treaties as well as rules applicable to registration.

A. Entry into Force of Treaties
According to the Vienna Convention on the Law of Treaties, a treaty enters into force in such a manner and upon force as soon as consent to be bound by that treaty has been established for all the negotiating States. When the consent on that date, unless the treaty provides otherwise.

Normally, treaties specify that they will enter into force upon a certain fixed date or after a determined period States. However, even when the minimum required number of ratifications is reached, the treaty enters into force only on the Law of Treaties, for example, provides that it will come into force on the thirtieth day following the date of Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into. Nevertheless, a treaty or a part of it may be applied provisionally pending its entry into force if the treaty itself so have agreed otherwise, the provisional application of a treaty or a part of it with respect to a State shall be terminated treaty.

B. Registration and Depositary of Treaties
After the entry of a treaty into force, the Vienna Convention requires that the treaty to be transmitted to the Secretariat one provided for by the Charter of the United Nations. Article 102 of the Charter provides that every treaty and every and published by it. Under this article, non-registered treaty or agreement remains valid but the parties to it may not from entering into secret treaties and in general to ensure publicity for treaties.
Treaties, nowadays, are registered with the Secretariat of the United Nations which then publishes them in the United In addition, the Vienna Convention on the Law of Treaties requires the designation of depositary of a treaty. This more States, an international organization or the chief administrative officer of the organization. The depositary communications related to the treaty; giving certified copies of the treaty and transmitting them to the concerned treaty about the entry into force of the treaty. Notably, the United Nations Secretariat plays a significant role as Section 3: Observance and Application of Treaties.

Once treaties enter into force, they must be observed and applied by the parties. Observance and application of A. Observance of Treaties
The Latin principle “Pacta Sunt Servanda”, which means that treaties shall be observed, is the fundamental principle of the 1969 Vienna Convention on the Law of Treaties, which states that “[e]very treaty in force is binding upon Article 27 of the Convention is that “[a] party may not invoke the provisions of its internal law as justification for According to these two principles, the parties to a treaty are under a duty to observe the treaty in good faith, and

B. Application of Treaties
Under the Vienna Convention on the Law of Treaties, the application of treaties is subject to the following rules:

(1) Non-Retroactivity of Treaties
The Vienna Convention provides that the provisions of a treaty, unless a different intention appears from the treaty before the date of the entry into force of the treaty with regard to that party. The general rule here is that a treaty does the provisions of the subsequent treaty, unless a contrary agreement so provides.

(2) Territorial Scope of Treaties
The Vienna Convention provides that unless a different intention appears from the treaty or is otherwise established, the treaty will apply only to part of its territory.

(3)Application of Successive Treaties Related to the Same Subject Matter
Sometimes, it happens that a party to a treaty subsequently enters into another treaty related to the same subject not also be parties to the first treaty. These situations raise certain problems which need to be resolved. Article 30 however, for the parties themselves to resolve the raised problems by their mutual agreement.
Under Article 30, the rights and obligations of States parties to successive treaties related to the same subject-matter a. When a treaty specifies that it is subject to, or that it is not to be considered as incompatible with, an earlier

b. When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated c. When the parties to the later treaty do not include all the parties to the earlier one:

i. as between States parties to both treaties, the earlier treaty applies only to the extent ii. as between a State party to both treaties and a State party to only one of the treaties, In case of treaties concerning the same subject-matter and having incompatible provisions, the presumption is this is the case of Article 103 of the Charter of the United Nations which stipulates that “[i]n the event of a conflict agreement, their obligations under the present Charter shall prevail.” Furthermore, a particular treaty prevails over community of States as a whole as norms from which no derogation is permitted and which can be modified only by (4) Treaties and Third States.
The Latin principle “pacta tertiis nec nocent nec prosunt”, which means that a treaty creates neither right nor international law. The reasons for this principle can be found in the fundamental principles of the sovereignty in article 34 of the 1969 Vienna Convention on the Law of Treaties as a general rule corollary of the principle of consent. First, the Convention provides that an obligation may arise for a third State from a provision of a treaty if the parties obligation in writing. In such a case, the obligation may be revoked or modified only with the consent of the parties Second, the Convention provides that a right may arise for a third State from the provision of a treaty if the parties the third State assents thereto, unless the treaty provides otherwise. In such a case, the right may not be revoked or the third State. In exercising such a right the third State is required to comply with the conditions for its exercise provided upon a third State if it becomes a part of customary international law.

An example of a treaty imposes obligation upon non-party State is the 1815 agreement concerning the neutralization 1899 and 1907 Hague Conventions concerning land warfare, and the principles stated in Article 2 of the Charter of far as rights conferred upon third States by a treaty are concerned, there are many treaties containing provisions in of Denmark and Switzerland, and the 1888 Constantinople Convention which contains provisions guaranteeing freedom.

Section 4: Interpretation of Treaties
Interpretation of treaties is the most frequent focus of disputes arising with regard to treaties. Because language of treaties has been a major task in International Law. Obviously the parties to a treaty have competence to interpret or the International Court of Justice (ICJ). The Charter of the United Nations is interpreted by the organs of the United Interpretation of treaties is a rational process of clarifying and elucidating the meaning of unclear and ambiguous developed by international tribunals, publicists, organs of international organizations and diplomatic practice. Though, The 1969 Vienna Convention on the Law of Treaties, however, lays down certain fundamental rules and guidelines interpretation, and interpretation of treaties authenticated in two or more languages.

A. General Rules of Treaty Interpretation
The first general rule for treaty interpretation provided by the Vienna Convention is that “[a] treaty shall be interpreted and purpose.”This rule is the textual approach of treaty interpretation. The context of a treaty for the purpose of interpretation comprises, in addition to its text, including its preamble should be taken into account any subsequent agreement between the parties regarding the interpretation of the treaty regarding its interpretation, and any relevant rules of International Law applicable in relations between the parties. The second general rule for treaty interpretation provided by the Convention is that “[a] special meaning shall be However, there are other established approaches of treaty interpretation not provided for in the Vienna Convention treaty in a way that will render the treaty most effective and useful.

B. Supplementary Means of Interpretation
The Vienna Convention provides that “[r]ecourse may be had to supplementary means of interpretation, including above general rules needs to be confirmed, or when the interpretation according to the said general rules leaves the C. Interpretation of Treaties Authenticated in Two or More Languages.
In case of a treaty authenticated in two or more languages, as often happens with multilateral treaties, the Vienna general rules and supplementary means of interpretation does not remove, “the meaning which best reconciles the provide or the parties may agree that, in such a case, a particular text shall prevail.

Section 5: Amendment and Modification of Treaties
Although amendment and modification of treaties are two processes share a common aim which is an alteration conditions. Amendment relates to a formal alteration or revision of certain treaty provisions or the treaty as a whole, parties only. Thus the 1969 Vienna Convention on the Law of Treaties deals with these two processes in separate.

A. Amendment of Treaties
The Vienna Convention refers to three manners to accomplish amendments to treaties. The first manner is that to the conclusion and entry into force of a treaty will be applied.
The second manner is that a treaty may be amended in accordance with the procedure laid down in the treaty itself. Charter of the United Nations, for example, lays down in Articles 108 and 109 the procedure for its amendments the United Nations, including all the permanent members of the Security Council.
The third manner is that a treaty may be amended in accordance with the basic rules of procedure described by contracting States shall have the right to participate in the decision as to the action to be taken in regard to such proposal, treaty is also entitled to become a party to the treaty as amended. The amendment will not bind any State already a force of the amending agreement, unless it intends otherwise, is considered as a party to the treaty as amended in relation the amending agreement.

B. Modification of Treaties
The Vienna Convention provides that two or more of the parties to a multilateral treaty may conclude an agreement modification is provided for by the treaty.”[36] The second condition, if “the modification in question is not prohibited their obligation, and “does not relate to a provision, derogation from which is incompatible with the effective execution case or if the treaty provides otherwise, the parties in question must notify the other parties of their intention to conclude Section 6: Termination and Suspension of the Operation of Treaties. Despite the general rule that “[e]very treaty in force is binding upon the parties to it and must be performed by Convention provides that the termination of a treaty, its denunciation, the withdrawal of a party or the suspension applicable rules to such instances, provided by the Convention are as such:

A. Termination of a Treaty
Termination of a treaty means the end of the operation of a treaty, resulting in depriving all the parties of all the the withdrawal of a party may take place either in conformity with the provisions of the treaty, or at any time by consent termination or for the withdrawal of a party. A treaty may provide that it shall come to an end automatically after notice.
Where a treaty does not contain any provision regarding its termination and does not provide for denunciation or or such a right is implied by the nature of the treaty. In such cases, however, a party must give at least twelve months’ The Convention specifies the reasons for terminating a treaty. First, a treaty may be terminated by the conclusion treaty are so far incompatible with those of the earlier one that the two treaties are not capable of being applied at repudiation of the treaty not permitted by the Vienna Convention or the violation of a provision essential to the accomplishment impossibility of performance resulting from the permanent disappearance or destruction of an object indispensable existing at the time of the conclusion of that treaty. Fifth, a treaty may be terminated by reason of the severance of parties except in so far as the existence of diplomatic or consular relations is indispensable for the application of terminates.
As regard the consequences of termination of a treaty, the Convention provides that unless the treaty provides however, it does not affect any right, obligation or legal situation of the parties created through the execution.

B. Suspension of the Operation of a Treaty
Suspension of the operation of a treaty means the making of a treaty temporary inoperative in regard to either all to the provisions of the treaty or at any time by consent of all the parties. Two or more parties to a multilateral possibility of such a suspension is provided for by the treaty,” or “the suspension in question is not prohibited by obligation,” and “is not incompatible with the object and purposes of the treaty. However, unless the treaty provides the treaty the operation of which they intend to suspend. Treaties sometimes provide for the possibility of suspension Under the Convention, a treaty may be suspended by the following circumstances: 1) the conclusion of a later treaty a material breach of a treaty which consists in either a repudiation of the treaty not permitted by the Vienna Convention performing a treaty; or 4) a fundamental change of circumstances occurs with regard to those existing at the time of Suspension of the operation of a treaty releases the parties from any further obligation to perform the treaty during the treaty prior to its suspension.

Section 7: Invalidity of Treaties
Invalidity of a treaty means nullity of a treaty or its particular provisions because of the existence or absence of certain validity or invalidity of treaties. The 1969 Vienna Convention on the Law of Treaties, however, provides some general consequences of the invalidity of treaties.

A. General Rules on Invalidity of Treaties
The Vienna Convention on the Law of Treaties provides that “[t]he validity of a treaty or the consent of a State invalidating (as well as for terminating, withdrawal from or suspending the operation of a treaty) may be invoked only to a material breach of a treaty by one of the parties. A State cannot invoke a ground for invalidating (as well as for is valid or remains in force, or it, by reason of its conduct, may be considered as having acquiesced in the validity B. Grounds for Invalidating Treaties
The Vienna Convention specifies the following grounds for invalidating treaties:

1) Manifest violation of a provision of fundamental importance of State’s internal law regarding competence accordance with normal practice and in good faith.”[46]

2) Lack of the State’s representative appropriate full powers.[47]3) Excess of authority by the representative:[48] Such an excess will be a ground to invalidate a treaty if negotiating States prior to his expressing such consent.4) Error: A State may invoke an error in a treaty as invalidating its consent to be bound by the treaty situation forms an essential basis of its consent to be bound by the treaty. If the State in question contributed invalidating its consent. An error relating only to the wording of the text of a treaty does not affect its validity.

5) Fraud: A State may invoke the fraud as invalidating its consent to be bound by the treaty if it has 6) Corruption of a representative of a State: A State may invoke the corruption of its representative as directly or indirectly by another negotiating State.

7) Coercion of a representative of a State: Acts or threats directed personally against a representative without any legal effect.

8) Coercion of a State by the threat or use of force: A treaty is void if its conclusion has been procured.

9) Conflict of the treaty with an existing and emerging peremptory norm of general International Law (peremptory norm of general International Law emerges, any existing treaty conflicting with that norm becomes C.

Consequences of Invalidity of Treaties.
The consequences of invalidity of treaties vary according to the nature of the ground of invalidity. The Vienna State and conflict with an existing and emerging of peremptory norm of general international law, the treaty is void, cases of violation of the internal law of the State, excess authority by the representative, error, fraud, and corruption may invoke the ground to invalidate the treaty. However, this right may be lost for the following reasons: (a) if after may be considered as having acquiesced in the validity of the treaty or in its continuance in force or in operation; or The Convention provides that an invalid treaty is void and without any legal effect. If acts have nevertheless position that would have existed if the acts had not been performed. Acts performed in good faith before the invalidity Section 8: Procedures to be Followed with Respect to Invalidity, Termination, Withdrawal from, or Suspension Operation of a Treaty.

The Vienna Convention provides that a party invoking a ground to invalidate a treaty, terminate it, withdraw from action. If after the expiry of a period which shall not be less than three months from the receipt of the notification, no has been raised by any party, the parties must seek a solution through the peaceful means indicated in Article 33 of If no solution is reached within twelve months, the dispute is to be submitted to a special conciliation commission to the International Court of Justice (ICJ).

References:
[1] See generally A.D. McNair, The Law of Treaties, Oxford (1961); A. Aust, Modern Treaty Law and Practice, U.N. Doc. A/CONF.39/27.
[2] The 1969 Vienna on the Law of Treaties art. 1(a).
[3] Bledsoe & Boczek, pp. 271-2.
[4] The 1969 Convention on the Law of Treaties art. 1(a).
[5] Id. art. 3.
[6] Text in 25 I.L.M. (1986) 543.
[7] Id. arts. 2(c), 6 & 7.
[8] Id. arts. 9 & 10.
[9] Id. art. 11.
[10] Id. art. 12.
[11] Id. art. 13.
[12] Id. art. 14.
[13] Id. art. 15.
[14] Id. arts. 2(d) & 19-23.
[15] Id. art. 2(d).
[16] Id. arts. 24 & 25.
[17] Id. art. 84.
[18] Id. arts. 76, 77 & 80.
[19] Id. arts. 26 & 27.
[20] Id. art. 28.
[21] Id. art. 29.
[22] Id. art. 30.
[23] Id. arts. 34-38.
[24] See Bledsoe & Boczek, pp. 259-60.
[25] See generally Brownlie, pp. 602-7; Shaw, pp.838-44
[26] The 1969 Vienna Convention on the Law of Treaties arts. 31-33.
[27] Id. art. 31.
[28] Id. art. 31(1).
[29] Id. art. 31(4).
[30] Id. art. 32.
[31] Id.
[32] Id. art. 33.
[33] Id. art. 33(4).
[34] Id. arts. 39 & 40.
[35] Id. art. 41.
[36] Id. art. 41(10)(a).
[37] Id. art. 41(1)(b).
[38] Id. art. 26.
[39] Id. art. 42(2).
[40] Id. arts. 54-56 & 59-64.
[41] Id. arts. 42, 57-61.
[42] Id. art. 58.
[43] Id. arts. 42, 45 & 46.
[44] Id. art. 42(1).
[45] Id. art. 46.
[46] Id. art. 46(2).
[47] See id. art. 8.
[48] Id. art. 47.
[49] Id. art. 48.
[50] Id. art. 49.
[51] Id. art. 50.
[52] Id. art. 51.
[53] Id. art. 52
[54] Id. art. 53.
[55] Id. art. 69-72.
[56] Id. arts. 65-68.