International agreements

1. Definition of Treaties
International agreement is an agreement made under international law by some people
to be a nation or international organization . A multilateral agreement made by several parties
that govern the rights and obligations of each party . Bilateral agreements concluded between
the two countries. Meanwhile , multilateral agreements are agreements made by more than
two countries.
The term refers to an agreement on the interaction between countries in resolving
problems or conflicts of interest in various fields , such as the political, economic , social,
cultural , and defense and security (military ) . An agreement must be able to provide benefits
to the countries that joined in an agreement . There is some understanding of the agreement
put forward by the experts of international relations , among others :
a. Mochtar Kusumaatmadja , SH . LL.M
International treaties as agreements concluded between members of the community of nations
and aims to result in certain legal consequences .
b . 1969 Vienna Conference
International agreements is the agreement made by two or more States intended to hold a
certain legal consequences that must be obeyed by each country based on applicable
international law .
c . Oppenheimer
In his book entitled International Law , Oppenheimes defines international treaties as "
international treaties are states , creating legal rights and obligations between the parties" or
international agreements involving countries that create rights and obligations between the
parties making the agreement .
d . K.J. Holsti
International agreement is the result of interaction between countries that represented the
government agreed to negotiate , finalize and discuss the issue , said technical evidence to
approve the settlement , and an end to the negotiations with an agreement that satisfies both
parties .
G. Schwarzenberger
International agreement is an agreement between subjects of international law that give rise
to obligations binding in international law .
f . Article 38 paragraph 1 of the Charter of the International Court
International agreements both general and specific , which contains legal provisions which
expressly recognized by the countries concerned.
International agreement is an agreement Yang Posted held 'community of nations and aims
resulting Specific legal. Simultaneously Being the subject of an international treaty of
international law. ALSO MORE international treaty guaranteeing legal certainty well as
regulate matters Important Together. Called international agreement if the agreement is held
Posted subject of international law that are members' international community.
International Agreements notch considered Sangat FOR some reason, Namely:
A. MORE international treaty guaranteeing legal certainty because of international treaties
held BY written.

b. International treaties regulate issues Shared interests Among the subjects of international
law.

2. Classification of International Agreements

Classification of the International Covenant CAN Being distinguished:
* According Term Participants
Broadly speaking, the terms of the Term participants, International Treaty divided Again TO
hearts:
A. Bilateral International Agreements,
International Agreements That Paid Participants OR parties Yang Tied in it consists
differences prayer subjects of international law Saja (gatra And / OR as well as international
organizations, etc.). The rule of law which is born from the agreement are Special bilateral
and patterned agreements Closed (agreement covered), meaning that both sides Should be
subject to fully or whole Against ALL contents OR clause from the agreement or nothing
would be subject to the agreement would NOT EVER binding Dan AS applicable positive
law, as well as bring forth the rules of law Applicable Only For both the person concerned.
Third parties, despite having the same interests Neither Against The two sides OR Against
prayer One party, could NOT ENTER OR TO hearts Participate Becoming party to the
agreement.
b. Multilateral International Agreements
International Agreements The Parties OR parties Yang Tied at ITU treaty hearts More From
prayer subjects of international law. The legal nature of the rules of multilateral agreements
could be born Specials and some general nature, Depending on the style of a multilateral
treaty itself. The multilateral agreements are shades Special is Closed, set THINGS WITH
Yang regarding Special issue concerning the interests of the parties OR Yang Yang holding
Bound hearts that agreement. Then the nature of Yang Special View of the same multilateral
treaty Indeed WITH bilateral agreements, which distinguishes Only The View Period Semata
participants. While multilateral agreements What are the General, has a style Open. That is,
the content of OR principal issue set hearts agreement NO Only relevant ITU-BY interests of
the parties OR subjects of international law The Participating hearts formulating the treaty
text, but ALSO interest from other parties or third parties. In the context gatra, side lying
third party OR husband could possibly involve whole gatra in WordPress page, can be
partially gatra, even Could Be Only a few gatra Only. In reality, some kind of multilateral
agreements ITU indeed Open Up For Third Party for a review of the AS Participate in the
hearts of the agreement. Therefore, multilateral agreements Opened husband tends
Developing international legal norms Become Applicable in general or universal.
* According to the rules of the law of Yang bore
View of International Agreements classification rules divided hearts 2 (two) groups:
a. Contract Treaty.
As a special agreement or agreements closed, an agreement that only gave birth to the rule
of law or the rights and obligations only apply between the parties concerned only. This
agreement may be in the form of bilateral agreements or multilateral agreements.
Should be noted that, as it is a special and closed regarding the interests of the parties
concerned only, then no relevance for the other party to participate as a party in it in the form
of any intervention, as well as relevensinya for the parties concerned to engage or open the
opportunity for third parties to participate in it.

b. Making Law Treaty.

As a general agreement or treaty is open, the agreements in terms of content or rules of
law which bore can be followed by other international legal subjects who initially did not
participate in the process of making the agreement. Thus the agreement, in terms of content
or material as well as rules of law which bore not only with regard to the interests of legal
subjects which from the outset be actively involved in the process of making the agreement,
but also the interests of other parties.
Hence, in the context of the law is a state subject, usually states the designer and
formulator of the agreement was an opportunity for other countries that felt compelled to join
as a participant or party to the agreement. More and more countries that participate in it, the
greater the likelihood of it being generally accepted legal norms.
Law making this treaty can be further elaborated by type into:
i. Treaty open or general agreement that the content or issue being regulated is a matter of
interest to a few countries.
ii. Treaty open or general agreement that the content or subject matter in it is of interest to
most or all countries in the world.
iii. Open or general agreement that based on the scope of the problem or the object is limited
to the countries in a particular region.
* According to the procedure OR reforming step
OR View of Procedure Stage pembentukanya International Agreement divided TO hearts
prayer groups are:
A. The International Treaty through prayer Stage.
Agreement in prayer is only the initial phase accordance to review issues Yang demanded its
implementation as soon as possible resolved. The second phase includes the stage of
negotiations (negotiation) and Phase signing (signature). ON stage of negotiations
representatives of the parties met hearts A forum OR place that specifically discuss and
formulate the issues of ITU Yang negotiated.
Later ITU formulation is said the findings BETWEEN Agree That eventually form of the
agreement. Furthermore enters second phase ie Phase signatory, then ITU treaty Already have
binding force For All concerned parties. Article Search Google Thus, the last stage in the
hearts of prayer agreement stage, having Meaning AS fastening Against Yourself From the
parties of the agreement That Has agreed ITU.
b. The international treaties through three stages.
ON International Agreement Yang through Stage Three, same WITH Treaty Process Stage
Internasionl Yang through prayer, but the Third Stage THERE ON RATIFICATION Process
(ratification). ON ITU treaty signatories husband is not a signatory to the agreement binding
the Self gatra ON, but only means that the representatives of the parties concerned have
reached an Agreed Regarding the SUCCEED issue discussed hearts hearts poured
negotiations That Has Form of the agreement.
The order agreement has been signed Posted representatives of the parties binding For the
parties, then these representatives Must be submitted to the Government of each country to
review legalized OR ratified. Article Search Google passed Stage Stage ENDORSEMENT
OR Ratification husband, then the new ITU agreement Applicable OR Concerned binding on
the parties. Viewed from Angle content and material from The agreement established through
Phase Three initials, ON generally involves THINGS Containing Important Value OR
principled For All concerned parties. Just simply Regarding Important Criteria OR NOT
importance of the issue, determined solely Posted gatra The concerned countries.
According to the period of validity

Differentiation on International Agreements based on the period of validity, it easily can

be seen in the agreement itself, because in this case some of the International Treaty explicitly
specified. However, in the case of the International Covenant does not expressly and
explicitly set a deadline for the entry into force, it takes a deep understanding of the nature,
purpose and objective of the treaty, because the essence of the agreement is intended to apply
in a given period of time or limited. For example, if the object of the agreement was already
implemented or realized as it should, then the agreement is ended by itself.
There are indeed treaties do not set a time limit entry into force as meant in effect until a
period not limited, as long and as long as the agreement was still able to fulfill the wishes of
the parties or are still able to adjust to the public, but in fact this agreement remains limited,
namely in needs and development of the age itself. Seen from the point of the material, the
style of this agreement is an agreement that contains the rule of law are important, especially
for the parties concerned.
According to the subject is
a. Agreements between countries undertaken by many countries that are the subject of
international law.
b. International agreements between countries and other subjects of international law,
international organizations such as the Holy See (Vatican) with the organization of the
European Union.
c. Agreement among fellow subjects of international law other than states, such as between an
international organization and other international organizations. Example: Cooperation of
ASEAN and the European Union.
* According to contents
A. Political terms, such Treaty and the Pact of Peace. Example: NATO, ANZUS, and SEATO.
b. In terms of economy, such as the Economic and Financial Assistance Help. Example: CGI,
IMF, IBRD, and so on.
c. In terms of the law, such as the status of Citizenship (Indonesia - PRC), extradition and so
on.
d. Boundaries terms, such as the territorial sea, the natural limit of the Mainland, and so on.
e. In terms of health, such as quarantine issues, prevention of AIDS epidemic, and so on.
* According to Function
A. The agreements form the legal (law-making treaty)
A AGREEMENTS What do CONDITIONS OR legal rules for the 'international community
as a whole (multilateral). Husband agreement is Open To Third Parties. Example: konfernsi
Vienna 1958 ABOUT diplomatic relations. Montego convention ABOUT tahun1982
international marine law, and so on.
b. The agreement is Special (contract)
The agreements creating rights and obligations of state-gatra Yang entered into Saja (bilateral
agreements). Example: Agreement Concerning the PRC BETWEEN RI And
dwikewarganegaraan In 1955, an agreement Borders, combating smuggling-smuggling and
so on.

3 . stages International Development Agreements

International agreement is an agreement governed by international law, be made in

writing in a particular form and name as well as the rights and obligations for certain parties
(countries or organizations). In international law, international law-making stages stipulated
in the 1969 Vienna Convention on the Law (Treaty) International. The convention set the
steps of preparing the agreements, both bilateral (two countries) would also multilateral
(many countries).
In doing treaty, a country must undertake steps of preparing the agreement. The stages
are performed in sequence, starting from negotiations between countries concerned, the
signing of the MOU, agreement, or treaty that binds countries to make agreements, ratify the
treaty through ratification involving the legislature or parliament. Mochtar Kusumaatmadja in
his book Introduction to International Law mentions three stages in the conduct of
international treaties, namely:
a.Perundingan (Negotiations) Negotiations Posted done representatives gatra Sent state-gatra
Participants Posted by Specific Mandate. Representatives gatra negotiations Against Should
problems be resolved. Negotiations conducted gatra Posted head, foreign minister, OR
ambassador big. Negotiations CAN ALSO WITH represented Posted officials bring Power of
Attorney Full (full power). If the talks reach agreement so that negotiations IN INCREASED
signing stage. b.Penandatanganan (Signature) The signing of an international treaty has been
agreed both gatra Posted Posted gatra usually signed by the head, the head of Government,
OR foreign minister. Taxable income then the agreement signed agreement entered Phase
Ratification OR ENDORSEMENT OR Posted Parliamentary House of Representatives in the
state-gatra Yang signed the agreement. c.Pengesahan (Ratification) Posted ratification the
Parliament and the Government. The Government should invite Parliament to ratify the
agreement BECAUSE review of Representatives and the House of Representatives is entitled
to know the contents and review of carried interest The hearts of the agreement. Article 11
UUD 1945 stated that the problem of international treaties Must get approval from
Parliament. If the agreement has been ratified OR WITH approval of Parliament then ratified
the agreement should be obeyed and implemented with full responsibility.
In Indonesia, the stage of making international agreement made under the provisions of
Article 6 paragraph (1) of Law No. 24 of 2000 on International Agreements. In Article 6,
paragraph (1) mentioned international treaty-making is done through the following stages.
a. Scoping, an initial phase the parties will conduct negotiations on the possibility of an
international agreement made.
b. Negotiations, is the stage after the agreements made in the exploratory stage. The second
phase of the talks is to discuss the material and technical issues that will be agreed under the
treaty.
c. Drafting, is the stage of making international agreements that aim to formulate draft an
international treaty that will be signed by the parties concerned.
d. Acceptance, is the stage of acceptance of the parties to the agreement that has been
formulated and agreed upon.
e. The signing, which is the final stage in bilateral negotiations to legislate in a treaty that has
been agreed by both parties.
There are differences in the power to bind in a bilateral agreement (treaty the two
countries) and multilateral agreements (many countries). In bilateral negotiations, an
agreement on an earlier draft outcome of the negotiations may be called "acceptance".

Acceptance is done by affixing the initials of the treaty as the head of the delegation of each.
In multilateral negotiations, the process of admission (acceptance / approval) is generally an
act of ratification of a country on the changes in international agreements.
For a multilateral agreement, the signing of an international agreement is not a binding
themselves as the party that is subject to the terms of the agreement can be said
internasional.Negara be bound by a treaty after ratification in the form of ratification
(ratification), accession (accession), acceptance (acceptance), or approval (approval).
Ratification is a legal act to be bound to a treaty in the form
a) Ratification
Ratification (ratification) if the country would ratify a treaty signed a treaty.
b) Accession
Accession (accesion) if the country will not ratify an international treaty co-signed the
agreement.
c) Acceptance
Acceptance (acceptance) and approval (approval) is a statement of the acceptance or approval
of the states party to an international agreement on changes to the treaty.
In addition to ratification, the countries involved in the international agreement can state
requirements (reservation) or the declaration / (declaration). Reservations (reservation) is a
unilateral declaration of a state to exclude the application of certain provisions of a treaty, in
the formulation made when signing, accepting, approving or ratifying an international treaty
that is multilateral. The statement (declaration) is a unilateral declaration of a state of
understanding or interpretation of a provision of an international treaty.
The statement
was made when signing, accepting, approving or ratifying multilateral agreements in order to
clarify the meaning of these provisions. In practice, there are international treaties that do not
require validation and effect immediately after signing. For international agreements which
require ratification there is some form of endorsement.
In Indonesia, ratification of the
treaty into the positive law of Indonesia uses a mixed system. Juridical basis of international
treaty-making is based on the provisions of Article 11 paragraph (1) of the 1945 Constitution,
which reads the President with the approval of the House of Representatives to declare war,
make peace, and create agreements with other countries. The provision is of a general nature
and does not contain how the international treaty-making process undertaken by Indonesia
with other parties. 1945 also contains no provision for how the process of binding themselves
to the agreements made.
At the time of the Old Order government, to implement the provisions of Article 11
paragraph (1) of the 1945 Constitution, based on the provisions of the Presidential Letter No.
2826 / HK / 1960. The letter created and sent the President to the Chairman of the House of
Representatives (DPR) on August 22, 1960. Core letter Number 2826 HK / 1960 is the
government asking for the approval of Parliament, the treaty if the material is important.
However, if the agreement contains other materials, sufficiently informed Parliament alone.
In practice, there is a variety of irregularities in the implementation of such letter that needs
to be made law on the International Treaty. Presidential Letter No. 2826 / HK / 1960 valid
until 2000. Letter No. 2862 HK / 1960 is no longer valid after the enactment of Law No. 24
of 2000 on the International Treaty on October 23, 2000. Accordingly, any form of agreement
and the ratification of international treaties no longer based on the provisions of Letter No.
2862 HK / 1960 but refers to the provisions of Law No. 24 of 2000.
In Act No. 24 of
2000, the process of ratification of the treaty stipulated in Chapter III (Article 9-14) on the

Ratification of International Treaties. According to the provisions of Law No. 24 of 2000, all
the ratification of the treaty made by law or presidential decree. In addition to international
agreements that need to be authorized by law or presidential decree, the GOI also can make
international agreements through other means as agreed by the parties to the agreement.

The Task of International Law

Examples of International Agreements

Disusun oleh :

Anidiya Hasena

: 13.01.0043-IH

Vikki Teresa Ananda

: 13.01.0042-IH

STIH YAPERTIBA PANGKALPINANG

TAHUN AJARAN 2015/2016