CHAPTER 3 LAW OF TREATIES

International agreements (generic term)

Represent the most deliberate form of commitment through
which the governments cooperate with one another.

1969 Vienna Convention on the Law of Treaties

Govern treaties between states

A Convention on the Law of Treaties Between States and

International Organizations or Between International
Organizations

Treaty (as defined in Vienna Convention)

An international agreement concluded between States in
written form and governed by international law, whether
embodied in a single instrument or in two or more related
instruments and whatever its particular designation.

No particular form is prescribed

(Written, conclusive upon the parties, governed by

international law)

(Single document or two or more instruments regardless of its

name)

Functions of Treaty
Charter of international organizations

Used to transfer territory

Regulate commercial relations

Settle disputes

Protect human rights

Guarantee investments

Kinds of Treaties
Multilateral treaties
Open to all states

Create norms that are the basis for general rule of law

Either or both: codification treaties or law-making treaties

Treaties that create a collaborative mechanism

Universal scope or regional

Operate through the organs of the different states

Bilateral treaties
In the nature of contractual agreements

Create shared expectations

contract treaties

Treaties are generally binding only on the parties but the

number of the contracting parties and the generality of
the acceptance of the specific rules created by the treaties
can have the effect of creating a universal law

The Making of Treaties

Negotiation
Power to negotiate must be possessed by the negotiators otherwise the
conclusion has no legal effect unless confirmed by his state

Article 7
Authentication of Text
Article 9

Article 10

Consent to be bound
Article 11

Article 12

Article 13

Article 14

Article 16

Article 17

Accession to a treaty
Article 15

Reservations
Article 19

Article 20

Article 21

Article 22

Article 23

Entry into force of treaties

Article 24

Article 25

Application of treaties
Article 26

Article 46

Article 29
Interpretation of treaties
Article 31

Article 32

Article 33

Invalidity of Treaties
Article 48

Article 49

Article 50

Article 51

Article 52

Article 53

Loss of the right to assert invalidity

Article 45

Article 46

Article 47

Amendment and Modification of Treaties

Amendment
Article 39

Article 40

Modification
Article 41

Termination of Treaties
Material breach
Article 60

Supervening impossibility of performance

Article 61

Rebus sic stantibus

Article 62

Procedure for the Termination

Article 65

Article 66

Article 67

Article 68

Authority to terminate

Succession to Treaties
1978 Vienna Convention on the Succession of States with
Respect to Treaties
Article 16

Article 11

Article 12