Law of Treaties

Components of a treaty
Title

usually indicates type of treaty +

subject matter + names of the contracting
parties
Preamble very important for interpretation
Main body rights and obligations
Final part entry into force + termination +
language of the treaty

Different terms for treaties

Treaty
Agreement
Convention
Covenant
Charter
Protocol
Final act
Modus vivendi
Compromis
Statute

Classification of int treaties

According

Bilateral treaties
Multilateral treaties

According

to number of contracting parties:

to the possibility of accession:

Closed treaties
Open treaties

Authority of persons for the

conclussion of a treaty

Such an authority is regulated in a document called full

powers this document names those individuals who are
authorized to negotiate and conclude a treaty on behalf of their
state.
Such representatives can be divided into two:

1- persons who are not required to carry a full powers document

inherent capacity to conclude treaties (Heads of State + Heads of
Government + Ministers for <foreign Affairs)
2- Persons who has to carry such documents...

When authority is lacking treaty is without legal effect such

treaties are called as ultra vires treaties

Forms of conclusion of a treaty

1- Simplified forms giving the treaty binding force

2- Ratification/acceptance/approval
3- Accession
Simplified Form:

Signature
Exchange of instruments forming/constituting the treaty
Not to be confused with exchange of documents of
ratification
Exchange of letters method

Forms of conclusion of a treaty

Ratification:

Requires legal formalities both on internal and

international level
internal

level (within the discretion of each state)

There are different methods:

Power to ratify legislative

Power to ratify executive
Power to ratify both legislative & executive
The two organs together
Allocation of specific category of treaties to each

Forms of conclusion of a treaty

Act

of ratification is confined to states

only because it requires consent of the
Head of State, a position which does not
exist within an international organization

At

international law parties should

exchange instruments of ratification

Entry into force of a treaty

At

international level:
Depends on the form of conclusion chosen by the
parties
The crucial point is a treaty enters into force as
soon as consent to be bound by the treaty has
been established for all the negotiating states
Signature
Ratification
Multilateral

treaty practice

Entry into force of a treaty

At

Domestic level:
This is not a condition at international level
meaning that even without this a treaty may
enter into force and become binging for that state
Publication in the official gazette
This is generally for the domestic courts

Registration of international treaties

With

the establishment of League of

Nations additional requirement for treaties
to become binding: registration (kayt/tescil)

Particularly because secret treaties

Wilsons Principles
League of Nations: Every treaty shall be
registered with the Secretariat and then
published. No such treaty or international
engagement shall be binding until so registered

Registration of international treaties

UN Period:

Art. 102 of the Charter of the UN:

Every treaty and every international agreement entered
into by any Member of the United Nations after the present
Charter comes into force shall as soon as possible be
registered with the Secretariat and published by it.
No party to any such treaty or international agreement
which has not been registered in accordance with the
provisions of paragraph 1 of this Article may invoke that
treaty or agreement before any organ of the United
Nations.
Therefore lack of registration does not affect the legal
validity and force of that international treaty BUT...