LAW OF TREATIES

I. Introduction
Law of treaties is currently followed by the Vienna Convention on the Law of treaties
1969.this convention has entered into force on 27
th
January 1980. rior to this
convention! international custo"ary Law #overned all treaties. $he Vienna
Convention %n $he Law %f $reaties 1969 reco#nised as the authoritative #uide to
current treaty law and &ractice.
II. Defnitions of Treaty
U/ Section 2(1)(A) of The Vienna Convention on The Law of Treaties 1969
Treaty means `
ssentia! !ements
1" an #nternationa! A$reement
2" conc!%&e& or forme& 'etween states
(" sho%!& 'e in written form an&
)" sho%!& 'e $overne& 'y #nternationa! Law*
+" whether em'o&ie& in a sin$!e instr%ment or in two or more re!ate&
instr%ment an& whatever its ,artic%!ar &esi$nation"`
-er$er
.,,enheim
Star/e
III. Place Of Treaties Among Sources Of
International Law
IV. Basis Of Treaties
Pacta Sunt Servanda
Rebus Sic Stantibus
Pacta Terties Nec Nocent Nec Prosunt
V. Types of Treaty
'( $% )'$*+,
1" Law 0a/in$ Treaty
Law -a.in# treaties are those treaties which are concluded or "ade for
creatin# +ules of /nternational Law or $o "a.e +ules for the states.
1" Treaty Contracts
$reaty Contracts are those treaties which are "ade for a s&ecific ob0ect
i.e. Construction of a ower lant or a Car 1actory . /t is always s&ecify
its ob0ect! which does not create any rule or law for the (tates.
'( $% ($+,)2$3
A" -i!atera! Treaty
4ilateral $reaty is that $reaty which "ade between two states
-" 0%!ti!atera! Treaty
-ultilateral $reaty is that $reaty which "ade between "ore than two
states
VI. Who May Make Treaty
ACC.12#34 T. STA15
Treaty -etween States
Treaty -etween 6ea& of States
Treaty -etween 4overnments
Treaty -etween 0inisters
Treaty -etween 4overnment 2e,artments
VII.Conclusion of a treaty
i" Accre&itin$ of 3e$otiators
1irstly! $o for" a treaty! the interested states a&&ointed their
)e#otiators for the )e#otiations. -ostly )e#otiators are the e5&erts or
havin# the e5&ertise in the sub0ect "atter of the treaty.
ii" 3e$otiations
(econdly! the 'uthorised )e#otiators ne#otiate on the ter"s of the
&ro&osed treaty and &resent their &ro&osals before the other ne#otiators
of treaty states.
iii" A&o,tion
$hirdly! 'fter the )e#otiations! the )e#otiators ado&ted the &ro&osed
te5t to for" the ter"s of the treaty.
iv" Si$nat%re
'fter the ado&tion of the te5t of the treaty! the )e#ations verified the
te5t by si#nin# it and confir"ed their consent on it.
v" 1atification
vi" Comin$ into 7orce
vii" 1e$istration
viii" 8%'!ication
i9" A,,!ication : nforcement
9" Accession C!a%se
/t "eans a state other than &arty to a treaty can beco"e &arty to an
e5istin# treaty
9i" A&hesion C!a%se
/t "eans a state other than &arty to a treaty can beco"e &arty to an
e5istin# treaty even without ratifyin# all ter"s of the treaty but
&artly.
9ii" 1eservation C!a%se
VIII.Modes of Giving Consent to Treaty
4y (i#nature 66'rticle12
Article 12
Consent to be bound by a treaty expressed by signature
1. The consent of a State to be bound by a treaty is expressed by the signature of its
representative
when:
(a) the treaty provides that signature shall have that efect;
(b) it is otherwise established that the negotiating States were agreed that signature
should have that efect; or
(c) the intention of the State to give that efect to the signature appears fro the full
powers of its
representative or was expressed during the negotiation.
!."or the purposes of paragraph 1:
(a) the initialling of a text constitutes a signature of the treaty when it is established
that the
negotiating States so agreed;
(b) the signature ad referendu of a treaty by a representative# if con$red by his
State# constitutes a
full signature of the treaty.

4y ,5chan#e of /nstru"ent 7'rticle 18
Article 13
Consent to be bound by a treaty expressed by an
exchange of instruments constituting a treaty
The consent of States to be bound by a treaty constituted by instruents exchanged
between the
is expressed by that exchange when:
(a) the instruents provide that their exchange shall have that efect; or
(b) it is otherwise established that those States were agreed that the exchange of
instruents should have that efect.
4y +atification 7 'rticle 19
Article 14
Consent to be bound by a treaty expressed by ratifcation,
acceptance or approval
1.The consent of a State to be bound by a treaty is expressed by rati$cation when:
%
(a) the treaty provides for such consent to be expressed by eans of rati$cation;
(b) it is otherwise established that the negotiating States were agreed that rati$cation
should be
re&uired;
(c) the representative of the State has signed the treaty sub'ect to rati$cation; or
(d) the intention of the State to sign the treaty sub'ect to rati$cation appears fro the
full powers of
its representative or was expressed during the negotiation.
!.The consent of a State to be bound by a treaty is expressed by acceptance or
approval under
conditions siilar to those which apply to rati$cation.
4y 'ccession 7 'rticle 1:
Article 15
Consent to be bound by a treaty expressed by accession
The consent of a State to be bound by a treaty is expressed by accession when:
(a) the treaty provides that such consent ay be expressed by that State by eans of
accession;
(b) it is otherwise established that the negotiating States were agreed that such
consent ay be
expressed by that State by eans of accession; or
(c) all the parties have subse&uently agreed that such consent ay be expressed by
that State by
eans of accession.
4y 'ny other "ode a#reed between state &arties 7 'rticle 16
Article 1
!xchange or deposit of instruments of ratifcation,
acceptance, approval or accession
(nless the treaty otherwise provides# instruents of rati$cation# acceptance# approval
or
accession establish the consent of a State to be bound by a treaty upon:
(a) their exchange between the contracting States;
(b) their deposit with the depositary; or
(c) their noti$cation to the contracting States or to the depositary# if so agreed.
IX. Termination or Suspension of a Treaty
1; ,5tinction of either &arty
2; -er#er of either &arty
8; 1ulfil"ent of ob0ect
9; /"&ossibility of &erfor"ance 7 'rticle 61
:; Chan#e in the funda"ental circu"stances 7 'rticle 62<1;
6; ,5istence of a state conflicted with the ter"s of treaty
7; =enunciation 7 'rticle :6
8; ,5&iry of ter"s
9; (ubse>uent treaty 7 'rticle :9
10; -aterial breach 7 'rticle 60
11; ,"er#ence of new &ere"&tory nor" 7 'rticle 69
12; Conflict with obli#ation under the *nited )ations
18; ?ar
$reaties between ene"y states shall be ter"inated and between other states shall be
sus&ended
10.Invalidity of a Treaty
'rticle 96
'rticle 97
11.Reservation to a Treaty
2efinition of 1eservation
)rticle ! (1) (d) of *+,T 1-.-#
/reservation0 eans
1. a unilateral stateent#
!. however phrased or naed#
1. ade by a State#
2. when signing# ratifying# accepting# approving or acceding to a
treaty#
3. whereby it purports to exclude or to odify the legal efect of
certain provisions of the treaty in their application to that State;
4enera! 1%!e
1eservation C!a%se as to 3at%re of Treaties
-i!atera! Treaty +eservation is not &ossible
0%!ti!atera! +eservation "ay be &ossible <'rticle 19;
;here 1eservation is not avai!a'!e
a) /f treaty &rohibits reservation
') /f reservation inco"&atible with the ob0ect and &ur&ose of
treaty
Acce,tance / o'<ection to 1eservation
/f treaty allows no acce&tance re>uires but otherwise yes it is re>uired
/f treaty "ade by /nternational %r#anisation then 'cce&tance re>uired by
that /nternational %r#anisation. 'rticle 20
Article 1"
#ormulation of reservations
) State ay# when signing# ratifying# accepting# approving or acceding to a treaty#
forulate a
reservation unless:
(a) the reservation is prohibited by the treaty;
(b) the treaty provides that only speci$ed reservations# which do not include the
reservation in
&uestion# ay be ade; or
(c) in cases not failing under subparagraphs (a) and (b)# the reservation is
incopatible with the
ob'ect and purpose of the treaty.
Article 2$
Acceptance of and ob%ection to reservations
1.) reservation expressly authori4ed by a treaty does not re&uire any subse&uent
acceptance by
the other contracting States unless the treaty so provides.
!.5hen it appears fro the liited nuber of the negotiating States and the ob'ect
and purpose
of a treaty that the application of the treaty in its entirety between all the parties is an
essential condition
of the consent of each one to be bound by the treaty# a reservation re&uires
acceptance by all the parties.
1.5hen a treaty is a constituent instruent of an international organi4ation and unless
it
otherwise provides# a reservation re&uires the acceptance of the copetent organ of
that organi4ation.
2. 6n cases not falling under the preceding paragraphs and unless the treaty otherwise
provides:
(a) acceptance by another contracting State of a reservation constitutes the reserving
State a party to the treaty in relation to that other State if or when the treaty is in
force for those States;
(b) an ob'ection by another contracting State to a reservation does not preclude the
entry into force of
the treaty as between the ob'ecting and reserving States unless a contrary intention is
de$nitely expressed by the ob'ecting State;
(c) an act expressing a State7s consent to be bound by the treaty and containing a
reservation is efective as soon as at least one other contracting State has accepted
the reservation.
3."or the purposes of paragraphs ! and 2 and unless the treaty otherwise provides# a
reservation is considered to have been accepted by a State if it shall have raised no
ob'ection to the reservation by the end of a period of twelve onths after it was
noti$ed of the reservation or by the date on which it expressed its consent to be
bound by the treaty# whichever is later.
Article 21
&egal elects of reservations and of ob%ections to reservations
1.) reservation established with regard to another party in accordance with articles
1-# !8 and !1:
(a) odi$es for the reserving State in its relations with that other party the provisions
of the treaty to
which the reservation relates to the extent of the reservation; and
(b) odi$es those provisions to the sae extent for that other party in its relations
with the reserving
State.
!.The reservation does not odify the provisions of the treaty for the other parties to
the treaty
inter se.
1.5hen a State ob'ecting to a reservation has not opposed the entry into force of the
treaty
between itself and the reserving State# the provisions to which the reservation relates
do not apply as
between the two States to the extent of the reservation.
Article 22
'ithdra(al of reservations and of ob%ections to reservations
1.(nless the treaty otherwise provides# a reservation ay be withdrawn at any tie
and the consent of a State which has accepted the reservation is not re&uired for its
withdrawal.
!. (nless the treaty otherwise provides# an ob'ection to a reservation ay be
withdrawn at any tie.
1.(nless the treaty otherwise provides# or it is otherwise agreed:
(a) the withdrawal of a reservation becoes operative in relation to another
contracting State only
when notice of it has been received by that State;
(b) the withdrawal of an ob'ection to a reservation becoes operative only when
notice of it has been received by the State which forulated the reservation.
Article 23
)rocedure regarding reservations
1. ) reservation# an express acceptance of a reservation and an ob'ection to a
reservation ust be formulated in writing and communicated to the
contracting States and other States entitled to becoe parties to the treaty.
!. 6f forulated when signing the treaty sub'ect to rati$cation# acceptance or approval#
a reservation ust be forally con$red by the reserving State when expressing its
consent to be bound by the treaty. 6n such a case the reservation shall be considered
as having been ade on the date of its confrmation.
1. )n express acceptance of# or an ob'ection to# a reservation ade previously to
con$ration of
the reservation does not itself re&uire con$ration.
2.The withdrawal of a reservation or of an ob'ection to a reservation ust be
formulated in
writing.

12.Amendment or Modifcation of Treaty
2eneral +ule 7 'rticle 89
'"end"ent or -odification of -ultilateral $reaty 7 'rticle 90
13. Conclusion