Beruflich Dokumente
Kultur Dokumente
Observations
and Definitions The Structure of Treaties Formalities Modalities Invalidation and Termination of Treaties
International Treaties
Instruments of Diplomacy Result of negotiations
Location, time, agenda and rules of procedure
Controversial
The area of overlapping interests is in demand After developing an atmosphere of understanding and trust, the exchange is facilitated
Changing drafts of the controversial provisions Multilateral treaty: consider every vote Comments by the media Pressure from public opinion
When it has undergone the process of ratification Expression of intentions or recommendations: it does not qualify as a treaty
- Treaty excepts offenses under certain circumstances from extradition, such as political and military offenses, cases of prior prosecution and offenses that are punishable by death under the laws in the requesting state
- e.g Article 4, Para 2: certain terrorist crimes are not considered to be political offenses.
- e.g Article 9: all requests for extradition must be submitted through diplomatic channel. - e.g Article 17: Principle of speciality
Final clauses of a treaty deal with formal aspects - e.g Article 23: stipulates that treaty is subject to ratification - e.g Article 24: each party can terminate the treaty any time with a notice period of 6months - Date and signature close the treaty - US-India: Last sentence states that it is done in English and in Hindi language and that both texts are equally authentic
- US-India: Exchange of letters under same date and signed by same officials supplemented the treaty. If ratification of a treaty is not envisaged, entry into force has to be fixed otherwise.
Formalities
Treaty making happens in stages A representative needs full powers in order to negotiate and sign treaties. Some officials are ex officio authorized - e.g heads of state or government, ministers of foreign affairs, heads of diplomatic missions, etc When agreement about the text of a treaty is reached, the treaty is adopted. Adoption is followed by authentication of the text. Typically, treaty is signed. Treaty can also be authenticated by a signature ad referendum or initialling.
International treaties became typically effective on ratification - Exchange means that representatives of both states hand to each other the instruments signed by chief executives.
- e.g Article 23, para 2 of US-India: entered into force upon exchange of the instruments of ratification. From that moment on, the treaty became binding after international law.
Multilateral treaties allow accession or adherence by states that originally did not sign the treaty. -e.g Article 16, para 2 of Convention on prohibition of use, stockpiling, production, and transfer of Antipersonnel Mines
International treaties are to be made public - Pres. Wilson: open covenants of peace, openly arrived at, after which there shall be no private international understandings of any kind but diplomacy shall proceed always frankly and in public view.
-Found its way into Covenant of League of Nations then onto Charter of UN.
-Article 102: makes registration with UN secretariat of every international treaty compulsory. - If a treaty is not registered with secretariat because of its confidential character, it remains valid. It can, however, not be invoked before any organ of UN.
Modalities
Reservations in Bilateral Treaties Reservations in Multilateral Treaties
Unacceptable Reservations (CLT Art. 19) First Alternative: Consent of all parties to the treaty is needed (CLT Art. 20 para. 2) Second Alternative: Consent of all parties to the treaty is not needed (CLT Art. 20, para. 4)
Rules Governing Non-Required Acceptances of State Reservations (CLT Art. 20, para. 4):
Immediate Effect Inclusion to the Treaty Non-Preclusion to the Entry of Force
Compromise of Reservations
Broad-based Participation of Treaties Integrity of the Text and Purpose
Termination of Treaties:
clausula rebus sic stantibus (CLT Art. 62)
Circumstances are required to the obligation of the treaty Changes created radical effects on the obligation of treaties