Treaties

Question 1

What counts to a treaty?

Answer 1

1- joint communicas - expression of friendship
2- exchange of instruments - letters and signatures
3- signed minutes of discussion

Question 2

When does a treaty become binding?

Answer 2

1- expression of consent to be bound

2- entry into force - when date is provided

Question 3

What Articles conclude a treaty?

Answer 3

Article 9 - adoption of a text
Article 11 - consent to be bound

Vienna Convention on the Law of Treaties 1969

Question 4

what 3 key terms are used?

Answer 4

Signature - expresses consent to be bound but doesn’t establish this unless stated in the treaty.

Accession - joining a treaty which has already established

Ratification - officially indicating consent to be bound

Question 5

Explain the differences between void and voidable treaties

Answer 5

Void - automatically terminated treaty or has never entered into force.

Voidable - Treaty vulnerable to being terminated

Question 6

Explain the term Peremptory Norm

Answer 6

peremptory norm (jus cogens) refers to the fundamental overriding principle of international law and a treaty is void if it conflicts with it.

Question 7

What is the legal effect on treaties on third states?

Answer 7

there is no legal effect.
Exception is article 34: Treaties provide obligations on states:
1- parties must intend to impose obligations
2- must have consent from third state

Question 8

Explain the legal effect on multi-lateral treaties which contradict

Answer 8

1- determine the problem by finding the relevant relationship - select nearest one.

• only once a certain ratifications have been received then the treaty can enter into force.

Question 9

Explain the legal effect on bilateral treaties which contradict each other

Answer 9

once consent to be bound has been established, treaties can enter into force
- if two parties conclude a treaty which is contradictory then the latter prevails.

Question 10

Explain the legal effect if treaties contradict but aren’t members of the same treaty.

Answer 10

a state in breech must choose which treaty to breech and which to perform but they still have legal obligations to both.

Question 11

Explain the way to terminate a treaty.

Answer 11

Article 53 Vienna Convention on the Law of Treaties 1969 - consent of parties to terminate

Article 54 - denounce treaty - treaty will still be enforced

Article 60 - breech of a treaty

• innocent party has two options
  1. define if it is a material or non material breech.
  2. if material, the innocent party has right tot terminate or carry on with treaty. Termination is no automatic.