TREATY treaty. 1.

An agreement formally signed, ratified, or adhered to between two nations or sovereigns; an international agreement concluded between two or more states in written form and governed by international law. Also termed accord; convention; covenant; declaration; pact. Cf. EXECUTIVE AGREEMENT. [Cases: Treaties 1. C.J.S. Treaties 2.] [T]he legal terminology used by the United States to describe international agreements is markedly different from that employed elsewhere. Under the U.S. Constitution, the term treaty has a particular meaning an agreement made by the President with the advice and consent of the Senate. David J. Bederman, International Law Frameworks 158 (2001). commercial treaty. A bilateral or multilateral treaty concerning trade or other mercantile activities. Such a treaty may be general in nature, as by supplying the framework of long-term commercial relations. Or it may be specific, as by detailing the conditions of particular branches of trade or other commercial transactions. Sometimes a treaty of this kind deals with an individual project, such as a guaranty agreement. [Cases: Treaties 8. C.J.S. Treaties 6.] defensive treaty.A treaty in which each party agrees to come to the other's aid if one is attacked by another nation. See treaty of alliance. Defensive treaties, as generally understood, are made to secure the parties to them against aggression from other states. They may, also, aim at the maintenance of internal quiet, or of neutrality amid the conflicts of neighboring powers. To attempt to gain any of these objects is not necessarily contrary to the law of nations or to natural justice. Mutual aid, indeed, against the disturbers of internal quiet, may secure an absolute government against popular revolutions in favor of liberty, but if a confederation or alliance may secure to its members the enjoyment of free institutions, there is no reason, as far as international law is concerned, why institutions of an opposite kind may not support themselves in the same way. Theodore D. Woolsey, Introduction to the Study of International Law 107, at 171 (5th ed. 1878). dispositive treaty (dis-poz-<<schwa>>-tiv). A treaty by which a country takes over territory by impressing a special character on it, creating something analogous to a servitude or easement in private law. guarantee treaty.An agreement between countries directly or indirectly establishing a unilateral or reciprocal guarantee. Also spelled guaranty treaty. Also termed treaty of guarantee; quasi-guarantee treaty; pseudo-guarantee treaty. In many instances where the term guarantee is used in international treaties, the contracting parties merely intend to underline their willingness to comply with the obligation they have entered into. Obligations of this kind do not fall within the concept of guarantee in the proper sense of the term. In this particular respect, the expression pseudo-guarantees' or quasi-guarantee treaties' is used. George Ress, Guarantee Treaties, in 2 Encyclopedia of Public International Law 634 (1995). mixed treaty. A treaty with characteristics of different types of treaties, esp. contrasting types (e.g., permanent and transitory, or personal and real). nonaggression treaty. See NONAGGRESSION PACT. nonproliferation treaty. A treaty forbidding the transfer of nuclear weapons from a country with a nuclear arsenal to one that does not have nuclear-weapons capability. The first such treaty was concluded in 1968, and now more than 100 nations have agreed to its terms. Also termed nuclear-nonproliferation treaty.

offensive treaty.A treaty in which the parties agree to declare war jointly on another nation and join forces to wage the war. See treaty of alliance. peace treaty.A treaty signed by heads of state to end a war. Also termed treaty of peace. [Cases: War and National Emergency 33. C.J.S. War and National Defense 50.] A peace differs not from a truce essentially in the length of its contemplated duration, for there may be very long armistices and a state of peace continuing only a definite number of years. The ancients often concluded treaties of peace which were to expire after a certain time .... Theodore D. Woolsey, Introduction to the Study of International Law 158, at 268 (5th ed. 1878). permanent treaty. A treaty that contemplates ongoing performance (as with a treaty of neutrality). personal treaty. Hist. A treaty relating exclusively to the contracting sovereign as a person. Examples of personal treaties are family alliances and treaties guaranteeing the throne to a particular sovereign and his or her family. With the advent of constitutional government in Europe, personal treaties have lost their importance. pseudo-guarantee treaty. See guarantee treaty. quasi-guarantee treaty. See guarantee treaty. real treaty.A treaty relating solely to the subject matter of the compact, independently of the persons of the contracting sovereigns. Real treaties continue to bind the state even when the heads of government change. transitory treaty. A treaty carried into effect once and for all, so that it is complete when the act has been performed (as with a treaty of cession). treaty of alliance. A treaty establishing mutual and reciprocal support obligations. A treaty of alliance may be for support in defense, aggression, or both. See defensive treaty; offensive treaty. A treaty of alliance can bind the parties to no injustice, nor justify either of them in being accessory to an act of bad faith on the part of another. Hence a defensive, still more an offensive alliance, can only contemplate, if lawful, the warding off of intended injustice. Theodore D. Woolsey, Introduction to the Study of International Law 107, at 172 (5th ed. 1878). treaty of guarantee. See guarantee treaty. treaty of neutrality. A treaty in which the parties agree not to engage in any aggressive action against one another, whether individually or jointly with others, and not to interfere with the other party's affairs. There is no commitment to aid another party in the event of war only to refrain from becoming involved. Treaties of neutrality are reciprocal engagements to have no part in the conflicts between other powers to remain at peace in an apprehended or an actual war. They are suggested by, and prevent the evils of that interference of nations in each other's affairs, for the preservation of the balance of power or the safety of the parties interfering, which is so common in modern history. Theodore D. Woolsey, Introduction to the Study of International Law 107, at 172 (5th ed. 1878). treaty of peace. See peace treaty. 2. A contract or agreement between insurers providing for treaty reinsurance. See treaty reinsurance under REINSURANCE. [Cases: Insurance 3593.] 3. A negotiated contract or agreement between private persons. private treaty. An agreement to convey property negotiated by the buyer and seller or their agents. This term is esp. common in the U.K.

TREATY CLAUSE Treaty Clause. The constitutional provision giving the President the power to make treaties, with the advice and consent of the Senate. U.S. Const. art. II, 2. [Cases: Treaties 2. C.J.S. Treaties 3.] TREATY-CREATED LAW treaty-created law. See CONVENTIONAL LAW. TREATY-MADE LAW treaty-made law. See CONVENTIONAL LAW. TREATY OF REINSURANCE treaty of reinsurance. See REINSURANCE TREATY. TREATY POWER treaty power. The President's constitutional authority to make treaties, with the advice and consent of the Senate. See TREATY CLAUSE. [Cases: Treaties 2. C.J.S. Treaties 3.] TREATY REINSURANCE treaty reinsurance.See REINSURANCE.