Treaties And Their Alternatives

Question 1

Treaty

Answer 1

International agreement concluded betweeen states in written form and governed by intl law

Question 2

Elements of a Treaty

Answer 2

1: intl agreement
2: governed by intl law
3: recorded in writing
4: states agree to be domestically bound by it

Question 3

How to discern if a treaty is governed by intl law

Answer 3

Hard to do! Very subtle
- subjective and based on state intention
-measure it against objective markers of intl governance

Question 4

Other names for treaties

Answer 4

Acts, charters, convention, protocol
the title does matter! It denotes authorial intention

Question 5

What makes an agreement

Answer 5

Mutuality and commitment

Question 6

Unilateral Declarations

Answer 6

Declarations made publicly and which manifest the will to be bound

Ex: Egypt and the Suez Canal, 1967

Question 7

Treaties and UDs: similarities and differences

Answer 7

Similarities:
Can be orally formulated
Don’t bind other states unless clearly accepted

Differences
Can’t be mutual
Commitment relies on good faith rather than achievement

Question 8

Political Commitments

Answer 8

Agreements made by states that establish non-legal commitments of a political or moral nature

Question 9

Is the Paris Agreement a treaty or a political commitment?

Answer 9

Treaty; drafted using treaty language, drafted in further implementation of a treaty, and has specific obligations for states

Question 10

Monism

Answer 10

International law is a part of domestic law, with equal force and effect as domestic law

Question 11

Dualism

Answer 11

International law must be expressly incorporated into domestic law
Ex: US, where a treaty must be approved by the senate in order to make it law

Question 12

Basics of treaty formation

Answer 12

Signature, then ratification (prior to entry into force) and accession (for those signing after the treaty enters into force)

Question 13

Six ways to leave a treaty

Answer 13

1. Provisions made within the treaty
2. Mutual agreement
3. Treaty is silent on departures
4. ‘Impossibility’ of fulfillment: something comes up which prevents fulfillment
5. Changed circumstances
6. Material breach (unauthorized repudiation or violation of provision that defeats objects and purpose_

Question 14

Remedies in case of material breach of a treaty

Answer 14

• Suspend or terminate treaty (in part or whole)
  -Retorsion (lawful but unfriendly action)
  Countermeasures

Question 15

Retorsion

Answer 15

Lawful but unfriendly action
Ex: name and shame, withdraw financial aid, expel diplomats, sanctions

Question 16

Countermeasures

Answer 16

Otherwise unlawful action (non-forceful) permitted as a proportionate response to compel compliance)
Ex: reciprocal non-performance of a treaty obligation

Question 17

RUDs

Answer 17

Reservation: change or modify the party’s obligations
Understanding: interpretive statements which clarify meaning from party’s perspective
Declaration: unilateral statements of political opinion or intention