Topic D - Treaties

Question 1

Define a treaty as per VCLT

Answer 1

1. an international agreement
2. concluded between States
3. in written form
4. governed by Int. law

Question 2

Can agreements not in conformity with the definition of a treaty in the VCLT be binding?

Answer 2

Yes,

LB:
- Art. 3 VCLT
- Qatar v. Bahrain

“The fact that the present Convention does not apply to international agreements concluded between States and other subjects of Int. Law [or] to Int. agreements not in written form, shall NOT affect the legal force of such agreements.

Question 3

An agreement which has the nature of a treaty but is not reduced to writing still considered a “treaty”?

Answer 3

Yes, in the case of Qatar v. Bahrain

No treaty involved > Representatives met multiple times to draw a delimitation of their waters > One of the Agreement stated if there should be dispute, king of Saudi shall resolve

King of Saudi failed to resolve w/in period > parties submitted themselves to the JD of ICJ > one party questioned JD of ICJ on the ground there is no convention/treaty > ICJ ruled they have agreed in the minutes

minutes are binding because its purpose was meant to be governed by international law

Question 4

Treaties come in various names > What is a convention

Answer 4

An output of a treaty resulting from an initiation of an Int. Commission

Question 5

Treaties come in various names > What is a Protocol

Answer 5

An amendment to a treaty

Question 6

Treaties come in various names > What is a Charter

Answer 6

If the treaty operates to create an Int. Org

Question 7

Treaties come in various names > What is a Statute

Answer 7

If nature of treaty is to create a court

Question 8

Treaties come in various names > What is a Declaration and Accords

Answer 8

General Principles subject to Specifications later on

Question 9

Treaty of Law

vs.

Law of Treaties

Answer 9

[Content]
Treaty Law
- the internal substantive content of treaties**

Law of Treaties
- Body of Rules applicable to treaties in general w/o looking at the substance

[Issues]
- Treaty Law
State A & B enter into treaty > A wishes to withdraw from treaty > procedure set forth in that treaty > resolution of issue is w/in the scope of that treaty

Law of Treaties
- W/n a fundamental change will entitle a state from asking that the provisions of a treaty be suspended for a time being [and] there are conditions before a state be allowed to do that

Question 10

Australia entered into an “agreement” with the Philippines stipulating that the Australian Naval Forces leased a Philippine Government’s patrimonial property in Subic for its naval and military exercises in the Philippines for 5 years in the amount of P10M. Is this a “treaty”? Why or why not?

Answer 10

This is a contract treaty

For purposes of applying the VCLT, the agreement is NOT a treaty because it does not satisfy the 4th element that is it has to be governed by Int. Laws.

Although this agreement can be called a bilateral treaty, the rules that should apply in this case are municipal laws (national law) of the Phil unless this agreement specifically provides that it be governed by Int. Law.

Question 11

Law-Making Treaties

vs

Contract Treaties

Answer 11

LMT
- operate as binding rules similar to statutes
- imposes obligation on all parties [and] regulate behavior over a long period
- [Remedy for Violation] continue to follow [and] invoke Countermeasure

CT
- Not source of Int. Law but merely legal transactions
- Treaty resembling a reciprocal obligation
- Observance of contract depend on performance of the parties
- this treaty may be governed by domestic law if stipulated
- w/ Consideration [and] short-lived