The Treaty Making Process

Summary

In this lesson, the importance and historical roots of international law, specifically treaties, are explored. The discussion covers the definition of treaties, their role in international relations, and their historical significance. Key aspects include the treaty-making process, which involves negotiation, signing, and ratification, along with practical challenges such as implementation and compliance. The lesson highlights examples such as trade agreements, extradition laws, and refugee policies between Canada and the United States, while also addressing the complexities and potential issues in treaty negotiations and their long-term impact.

Takeaways

• 😀 Treaties are formal agreements between two or more nations, similar to contracts in domestic law, but on an international scale.
• 🌍 International law, unlike domestic law, governs relations between nations, making treaties essential for maintaining global order and cooperation.
• 📝 Treaties can be referred to by various names such as conventions, protocols, or accords, all representing agreements between nations.
• 🇨🇦🇺🇸 Treaties between Canada and the United States are particularly important, governing areas like trade, extradition, and refugee policies.
• ⚖️ Treaty negotiation typically involves diplomats and political leaders, with scientists and experts being included for specialized agreements (e.g., environmental treaties).
• ✍️ Signing a treaty signifies an agreement but does not make it legally binding; it must be ratified by the individual countries' governments.
• 📜 The Vienna Convention on the Law of Treaties (1969) establishes key principles and procedures for treaty-making, including negotiation, signing, and ratification.
• 🔑 The treaty-making process involves four key steps: negotiation, signing, ratification, and implementation, with each step being crucial for ensuring the treaty's validity and effectiveness.
• ⚖️ Ratification can vary between countries, such as in the U.S., where treaties need two-thirds Senate approval, or in Canada, where the Prime Minister's Cabinet can ratify treaties without parliamentary debate.
• 🔄 Implementation of treaties is vital to ensure they are meaningful and enforceable. Without follow-through, treaties risk becoming empty agreements with no practical effect.

Q & A

What is the main focus of today's class on international law?

The main focus of today's class is on treaties, specifically what they are, how they are used, and the treaty-making process. The class will also explore the historical importance of treaties and their relevance in modern international relations.

What are some terms that are synonymous with 'treaty'?

Terms like convention, protocol, agreement, Memorandum of Understanding (MOU), and accord are often used interchangeably with 'treaty.' These terms all represent agreements between two or more parties, typically nations.

How are treaties similar to contracts in domestic law?

Treaties are similar to contracts in domestic law because both are formal, recognized agreements between parties that establish specific obligations and consequences if the terms are violated.

Why are treaties so important in the relationship between Canada and the United States?

Treaties between Canada and the United States are crucial because they regulate important areas such as trade, extradition, and refugee policies. They provide a framework for cooperation and help address complex issues between the two countries.

What are some examples of treaties between Canada and the United States?

Examples of treaties between Canada and the United States include agreements on trade (such as NAFTA), extradition treaties, and agreements on refugee policies. These treaties help govern interactions between the two countries on various issues.

What is the Vienna Convention on the Law of Treaties?

The Vienna Convention on the Law of Treaties, signed in 1969, establishes the key international standards for how treaties should be negotiated and recognized by countries. It outlines the steps required for a treaty to become legally binding.

What are the three main steps in the treaty-making process according to the Vienna Convention?

The three main steps in the treaty-making process are negotiation, signing, and ratification. Negotiation involves discussions between parties, signing signifies an agreement in principle, and ratification is the official process by which the treaty becomes legally binding.

Why is ratification necessary for a treaty to become law?

Ratification is necessary because it is the process through which individual countries formally approve the treaty within their legal systems. Without ratification, a treaty is not legally binding in the countries involved, even if it has been signed.

How does the ratification process differ between Canada and the United States?

In the United States, a treaty requires two-thirds Senate approval for ratification. In Canada, treaties can be ratified by the cabinet, which includes the Prime Minister and various ministers. The Canadian process is generally less formal, with no need for full parliamentary approval.

What challenges do countries face in implementing treaties after ratification?

After ratification, countries often face challenges in actually implementing the terms of a treaty. Unlike domestic law, where penalties for non-compliance are clear, international law lacks a central enforcement body, which can make it difficult to ensure that all parties honor their treaty obligations.