Treaty Convention, International Law Vienna Convention on the Law of Treaties explained

Summary

Treaties are foundational instruments in international relations, binding countries through mutual rights and obligations. These written agreements, considered a primary source of international law, are classified into law-making treaties and treaty contracts. While treaty contracts typically address specific, technical issues between states, law-making treaties set broader, universal norms influencing global conduct. Some treaties, like the Vienna Convention on Diplomatic Relations, codify existing customary laws, binding non-signatory states as well. Treaties can also serve as constitutions for international organizations, shaping their powers and responsibilities, as exemplified by the Rome Statute and the United Nations Charter.

Takeaways

• 😀 Treaties are written agreements used by countries to bind themselves with mutual rights and obligations.
• 😀 Treaties are one of the oldest methods of international relations and are a primary source of international law.
• 😀 Treaties are superior to customary rules because they require explicit consent from states to be binding.
• 😀 The principle of treaties being binding is rooted in customary international law, which sees agreements as obligatory.
• 😀 Treaties are similar to contracts, as they regulate agreement creation, interpretation, and consequences of breaches.
• 😀 Treaties can cover a wide range of international agreements, including conventions, pacts, charters, and protocols.
• 😀 There are two main types of treaties: law-making treaties and treaty contracts, based on their scope and responsibilities.
• 😀 Treaty contracts are agreements between two or few states, usually focused on technical or commercial issues.
• 😀 Law-making treaties have a broader scope, creating general norms that influence international law and bind the parties.
• 😀 Some treaties, such as the Vienna Convention on the Law of Treaties, attempt to establish regimes binding non-parties.
• 😀 Treaties can also codify or reflect existing customary international rules, binding non-parties by reaffirming customary law.

Q & A

What are treaties in international law?

Treaties are written agreements used by countries to create mutual rights and obligations. They are considered a primary source of international law and require explicit consent from states.

Why are treaties considered superior to customary rules in international law?

Treaties are superior to customary rules because they require explicit consent from states, making them legally binding and enforceable, whereas customary rules evolve through practice and may not have such explicit agreements.

How are treaties similar to contracts?

Treaties are similar to contracts in that they regulate the creation of agreements, their interpretation, and consequences when breached, ensuring a legally binding relationship between parties.

What types of international agreements are covered by treaties?

Treaties can cover various types of international agreements, including conventions, pacts, charters, statutes, declarations, protocols, and covenants, or exchanges of letters.

What are the two main types of treaties?

The two main types of treaties are law-making treaties and treaty contracts. Law-making treaties create general norms governing the conduct of parties, while treaty contracts are usually focused on technical or commercial issues between a smaller number of states.

What is the difference between law-making treaties and treaty contracts?

Law-making treaties are broader agreements with universal relevance that create general norms in international law, while treaty contracts are more specific, involving a small number of states and focusing on particular technical or commercial matters.

How do law-making treaties influence non-signatory states?

Some law-making treaties, such as the Vienna Convention on the Law of Treaties and the Convention on the Prevention and Punishment of the Crime of Genocide, can bind non-signatory states if they informally accept the provisions of the treaty.

Can treaties bind non-parties, and how?

Yes, treaties can bind non-parties if they reflect or codify existing customary rules of international law. For example, the Vienna Convention on Diplomatic Relations binds non-parties because it reaffirms customary rules rather than through the treaty itself.

What role do treaties play in the creation of international organizations?

Treaties can be constitutive, meaning they create international organizations and serve as their constitutions, defining the organization's powers and responsibilities, such as in the case of the Rome Statute of the International Criminal Court and the United Nations Charter.

What is the significance of the Vienna Convention on Diplomatic Relations?

The Vienna Convention on Diplomatic Relations is significant because it codifies customary international law concerning diplomatic relations and binds non-signatory states by reaffirming existing customary rules of international law.