Professional Documents
Culture Documents
The Basics:
A contract between two or more states
Considered as the richest sources of international law
The rules for treaty-making are codified in the Vienna Convention on the Law
of Treaties (VCLT)
o Adopted by the United Nations on May 1969 and entered into force on
January 27, 1980
o Commonly referred to as a “treaty on treaties”
o Non-signatory states must also follow most of the provisions of VCLT
o Definition of treaty: 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; a mutually
binding contractual agreement between two or more States
o VLCT does not disregard oral treaties and their efficiency; although it is
clear that oral treaties are not within the scope of the Convention
Kinds of Treaties:
Bipartite Treaty: when there are two signatories to the treaty
Multipartite Treaty: when there are more than two signatories to the treaty
Provisions of a treaty usually for the mutual benefit of State signatories;
but there are also cases where it may be inimical to the interest of other
States signatories as “treaties” of surrender (ex.) the Treaty of Versailles)
Form of Treaties:
General rule treaties must be made in written form; setting objectives
and their reasons for being
There are also cases where treaties take a different form ex.) exchange of
letters made by parties (in the case of Quatar vs. Bahrain); exchange of
notes have binding force because international agreements can take a
number of forms and a diversity of names
Convention:
Generally accepted to mean a multipartite agreement signed by several party-
States concerning matters of common interest to all
Ex.) United Nations Convention on the Law of the Sea (UNCLOS)
Protocol:
An agreement between states, although less formal
Although it being less formal does not invalidate it
Usually deal with the implementation of treaties previously signed (ex.) First
Optional Protocol of the ICCPR); an amendment to the treaty
Can also refer to agreements signed before the main treaty
Exchange of Notes:
Exchanging of agreements by representatives of two or more States
Purpose to do away with the formalities attendant to the signing of
treaties
Concordat:
A treaty between the State and the Pope or his representative; the latter
signing for and in behalf of the Vatican or the Holy See
Subject of Concordat usually ecclesiastical
Pacts:
Usually deal with defense matters
Ex.) Warsaw Pact
Modus Vivendi:
Informal agreement between States
Outlining how the parties should behave while a formal treaty is being
negotiated or before it is signed
Declarations (Lassa francis Oppenheim):
Title or body of stipulations in a treaty which the parties pledge to pursue
A unilateral declaration which creates rights and duties for other States
An action taken when states communicate with other States, or an explanation
and justification of a line of conduct pursued by them in the past or an
explanation of views and intentions concerning certain matters
Usually non-binding between States; although the exception to the rule is the
UDHR