Covenants & Treaties | QCE Legal Studies 3&4

Summary

This video discusses the distinctions between various international agreements, including covenants, treaties, conventions, and declarations. It highlights the binding nature of covenants and conventions compared to the non-binding nature of declarations. The video explains the processes of signing and ratifying treaties, emphasizing the difference between expressing intent and implementing domestic legislation. Using Australia’s ratification of the UN Convention on the Rights of the Child as an example, it illustrates how treaties can influence national laws, showcasing the complexities involved in international agreements.

Takeaways

• 😀 Covenants are binding agreements between states, often classified as treaties.
• 😀 Treaties define and modify mutual duties and obligations between two or more states.
• 😀 The terms 'treaty,' 'convention,' and 'covenant' are often used interchangeably, all referring to legally binding agreements.
• 😀 Conventions are stronger than declarations; they create binding obligations for governments that ratify them.
• 😀 Declarations signify intent but are not legally binding agreements.
• 😀 Ratification involves implementing domestic legislation to uphold treaty obligations.
• 😀 Multilateral treaties involve more than two nation-states, while bilateral treaties are agreements between two states.
• 😀 A signatory is a state that indicates political support for a treaty but has not yet ratified it.
• 😀 The process of signing a treaty indicates intent, whereas ratification solidifies that promise through legislation.
• 😀 There can be delays between signing a treaty and implementing domestic legislation, as seen in the case of Australia and the UN Convention on the Rights of the Child.

Q & A

What are covenants in the context of international agreements?

Covenants are binding agreements between states and are a type of treaty, meaning they establish legally binding obligations.

How is a treaty defined in international law?

A treaty is a formal agreement between two or more states that defines and modifies their mutual duties and obligations.

What distinguishes a convention from a declaration?

A convention is a legally binding agreement, whereas a declaration is not binding and simply states intentions without formal obligations.

What is the process of ratification?

Ratification occurs when a country implements domestic legislation to uphold the obligations of a treaty after signing it.

What are the two types of treaties mentioned?

The two types of treaties are multilateral treaties, involving more than two states, and bilateral treaties, which are agreements between two states.

What does it mean for a state to be a signatory to a treaty?

A signatory state has expressed political support for a treaty but has not yet fully ratified it or implemented it into domestic law.

What happens if a country violates the standards set by a convention?

Countries that violate the standards of a convention may face consequences or sanctions from the United Nations.

Can you give an example of how Australia has ratified a convention?

Australia signed the United Nations Convention on the Rights of the Child in August 1990, but domestic legislation to implement it was not passed until December 1990.

Why is there often a delay between signing a treaty and ratifying it?

Delays can occur due to the processes required to draft and pass the necessary domestic legislation to reflect treaty obligations.

What role does the UN General Assembly play in adopting conventions?

The UN General Assembly adopts conventions that create international norms and standards, which member states can then ratify.