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Bernas 2009
Bernas 2009
The law on treaties is found in the 1969 Vienna Convention on the Law of Treaties.
While the document is not retroactive in effect, it does contain customary law
precepts antedating 1969.
Treaties can assume various names: Conventions, covenants, charters, protocols,
concordat, modus vivendi, etc.
In the absence of an international legislative body, international agreements are a
convenient tool through which states are able to project common expectations.
A convention on the Law of Treaties Between States and International Organizations was
adopted on March 26, 1986.
Bernas 2009
Definition of treaties
Bernas 2009
Bernas 2009
Bernas 2009
Norway v. Denmark
The case involved a dispute between Denmark and Norway over sovereignty in Eastern
Greenland. In the course of negotiations, Denmark had offered certain concessions
important for Norway for the purpose of persuading Norway not to obstruct Danish plans
in regard to Greenland. In reply, the Norwegian Government accepted the offer: I told
the Danish Minister today that the Norwegian Government would not make any difficulty
in the settlement of this question. The Court found this declaration sufficient to bind the
Norwegian government.
Bernas 2009
Bernas 2009
Bernas 2009
Function of treaties
And Classification as to relevance as a source
Bernas 2009
Bernas 2009
Function of treaties
Treaties that create collaborative mechanisms and bilateral treaties
Bernas 2009
Bernas 2009
Function of treaties
Effect of creating a universal law
Bernas 2009
While treaties are generally binding only on the parties, the number of the contracting
parties and the generality of the acceptance of specific rules created by the treaty can
have the effect of creating a universal law in much the same way that general practice
suffices to create customary law.
Bernas 2009
Bernas 2009
Negotiation
Power to negotiate
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Bernas 2009
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Authentication of text
Article 9
Bernas 2009
Negotiations conclude with the signing of the document. The signatures serve as
authentication of the document.
Article 9. Adoption of the text:
1. The adoption of the text of a treaty takes place by the consent of all the States
participating in its drawing up except as provided in paragraph 2.
2. The adoption of the text of a treaty at an international conference takes place
by the vote of two-thirds of the States present and voting, unless by the same
majority they shall decide to apply a different rule.
Bernas 2009
Authentication of text
Article 10
Bernas 2009
By such procedure as may be provided for in the text or agreed upon by the
States participating in its drawing up; or
Failing such procedure, by the signature, signature ad referendum or initialling
by the representatives of those States of the text of the treaty or of the Final
Act of a conference incorporating the text.
The authentication of a treaty makes the text authoritative and definitive. It is necessary
so that the states will know definitively the contents of the text and avoid any
misunderstanding as to the terms.
Bernas 2009
Authentication of text
Consent to be bound
Bernas 2009
Consent to be bound
Once the document has been signed, there are stages which follow and culminate in
making the document binding. The most important step is the consent to be bound. There
are various ways by which consent to be bound is expressed:
Article 11. Means of expressing consent to be bound by a treaty:
The consent of a State to be bound by a treaty may be expressed by signature,
exchange of instruments constituting a treaty, ratification, acceptance, approval
accession, or by any other means if so agreed.