CHAPTER 3: LAW ON TREATIES - Sometimes called “contract treaties”

DEFINITION OF TREATIES MAKING OF TREATIES

Treaty – an international agreement concluded between States
In written form and A. NEGOTATION
Governed by international law - Done through foreign ministries.
Whether embodied in a single instrument or in 2 or more related - Larger multilateral treaties – negotiated in diplomatic conferences
instruments and which are run like a legislative body.
Whatever its particular designation
B. POWER TO NEGOTIATE
QATAR VS BAHRAIN - What negotiators must possess.
- Act relating to the conclusion of a treaty by one who has no proper
AUSTRALIA/NEW ZEALAND VS FRANCE authorization has no legal effect unless confirmed by his state.
DOCTRINE: Declarations made by way of UNILATERAL ACTS concerning
legal or factual situations, may have the effect of creating legal obligations Article 7. Full Powers
A person is considered as representing a State for the purpose of
2 Characteristics of a binding legal obligation: (a) adopting or authenticating the text of a treaty or
1. Commitment was very specific (b) expressing the consent of the State to be bound by a treaty IF:
2. Clear intent to be bound
a. he produces appropriate full powers; or
FUNCTION OF TREATIES b. it appears from the practice of the States concerned or from other
circumstances that their intention was to consider that person as
a. Sources of international law representing the State for such purposes and to dispense with full
b. Serve as the charter of international organizations powers.
c. Used to transfer territory
d. Regulate commercial relations In virtue of their functions and without having to produce full powers, the following
e. Settle disputes are considered as representing their State:
f. Protect human rights
g. Guarantee investments WHO PURPOSE
h. Etc Heads of State Performing all acts relating to the
Heads of Government conclusion of a treaty
Kinds of Treaties as to source of international law Ministers of Foreign Affairs
a. Multilateral treaties Heads of diplomatic missions Adopting the text of a treaty between
- Open to all states of the world the accrediting State and the State to
- Creates norms which are the basis for a general rule of law which they accredited
- Either codification treaties or “law-making treaties” or have both Representatives accredited by States Adopting the text of a treaty in that
characters to an international conference or to an conference, organization or organ.
b. Treaties that create a collaborative mechanism international organization or one of its
- Can be: organs
i. Universal scope (eg. Regulation of allocation of radio frequencies)
ii. Regional scope (eg. Fishing agreements) C. AUTHENTICATION OF TEXT
c. Bilateral treaties - Negotiations conclude with the signing of the document.
- Many are in the nature of contractual agreements which create shared - The signatures serve as authentication of the document
expectations (such as trade agreement of various forms)
Article 9. Adoption of the text b. Exchange of instruments constituting a treaty
Takes place by: o
1. CONSENT OF ALL States participating in its drawing c. Ratification
EXCEPT: as provided in Par 2 d. Acceptance
2. VOTE OF 2/3 of the States present and voting e. Approval or accession
EXCEPT: same majority shall decide to apply a different rule. f. Any other means if so agreed

Article 10. Authentication of the text Article 12.

Text of a treaty is establishes as authentic and definitive:
a. By such procedure as may be provided for in the text or agreed upon by
the States participating in its drawing up; or
b. Failing such procedure, by the signature, signature ad referendum or
initialing by the representatives of those States of the text of the treaty or
the Final Act of a conference incorporating the text

 The authentication of a treaty makes the text authoritative and definitive.

 Necessary so that the states will know definitively the contents of the text
and avoid any misunderstanding as to the terms.

D. CONSENT TO BE BOUND

 Once the document has been signed, there are stages which follow which
culminate (put an end to) in making the document binding.
 Most important step to be bound: consent

Art 11. Means of expressing consent to be bound by a treaty

a. Signature
o Art. 12 (par1) When consent of a State is bound by a treaty by
Signature of its representative:
i. Treaty provides that signature shall have that effect
ii. Otherwise established that the negotiating states
were agreed that signature should have that effect;
or
iii. Intention of the State to give that effect to the
signature appears from the full powers of its
representative or was expressed during the
negotiation
o For the purposes of Par 1:
i. Initialing of a text constitutes a signature of the
treaty when it is establishes that the negotiating
States so agreed
ii. The signature and referendum of a treaty by a
representative, if confirmed by his State, constitutes
a full signature of the treaty.