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International Law: Treaties

Provides the source of law, judicial decisions from international courts and tribunals, and a compilation of intergovernmental organizations.

Sources of International Law

Article 38 of the International Court of Justice (ICJ) Statute enumerates the sources of "international law"...

(a) international conventions, whether general or particular, establishing rules expressly recognized by contesting states;

(b)  international custom, as evidence of a general practice accepted as law;

(c)  the general principles of law recognized by civilized nations;

(d) … judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Definition of Treaty

“Treaty” means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. Vienna Convention on the Law of Treaties, May 23, 1969, art. 2(1)(a), 1155 U.N.T.S. 331.

Useful Terminology

  • Types of treaties
    • Bilateral – two states are parties
    • Multilateral – more than two states are parties
    •  
  • Dates
    • Signing shows that the country who signed it in principle intends to be bound by the terms of the treaty
    • Ratification by specific state binds that state by the terms of the treaty
    • Entry into force usually occurs after some triggering mechanism or specific date
    • Accession is the act of joining a treaty by a party that did not take part in negotiations
  • Reservation & Declarations/Understandings
    • Reservations
      • Unless expressly forbidden by the treaty, a party may choose to “reserve” a portion of the treaty, meaning that portion of the treaty does not apply to the party making the reservation
      • Defined in the Vienna Convention - “Unilateral statements, however phrased or named, purporting to exclude or modify the legal effect of certain provisions of a treaty in their application to the reserving State” (Article 2(1)(d) of the Vienna Convention 1969)
    • Understanding
      • A party my “understand” or declare that portion of a treaty means a particular thing
      • True “declarations” merely clarify the state’s position and do not purport to exclude or modify the legal effect of a treaty
  • Treaty v. International Agreement (in the context of the United States)
    • Treaties made pursuant to Article II of the Constitution
      • A treaty is an agreement made by and with the advice and consent of the Senate
      • Sometimes called “advise and consent treaties”
      • President submits to the Senate, 2/3 of the Senate must agree, ratification completed by the President
    • International Agreements
      • Types:
        • Agreements pursuant to a Treaty
        • Agreements pursuant to Legislation
        • Agreements pursuant to the Constitutional Authority of the President (Executive Agreements)
          • Negotiated by the Executive Branch
          • Effective when concluded, i.e., signed by state parties
          • Text submitted to Congress within 60 days of execution

 

Process of Researching Treaties

  1. Identify the treaty in question.
    • Keep in mind that many official documents creating international obligations are not treaties.
  2. Finding the authoritative text of the treaty.
    • The Bluebook requires researchers to cite from specific sources.
    • In general, official versions are preferred. Check T4 for order of preference.
  3. Determining if the treaty is in force.
  4. Who are the parties the treaty is in force for?
  5. What are the reservations, understandings or declarations that a party may have regarding the treaty?
  6. Identify the rules for treaty interpretation that are used by signatory states (secondary sources, judicial decisions, and legislative history).

Online Treaty Collections