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    Chapter 7 The Law of Treaties

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    lexyjay1980
    The document discusses key aspects of international treaty law as outlined in Chapter 7, including how treaties come into force, their binding nature, rules of interpretation, reservations, invalid treaties, and termination. It notes that these rules seek to explain how states enter into treaty obligations and are primarily codified in the Vienna Convention on the Law of Treaties, which is now accepted as customary international law.

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    Chapter 7 The Law of Treaties

    Uploaded by

    lexyjay1980
    18 views2 pages
    The document discusses key aspects of international treaty law as outlined in Chapter 7, including how treaties come into force, their binding nature, rules of interpretation, reservations, invalid treaties, and termination. It notes that these rules seek to explain how states enter into treaty obligations and are primarily codified in the Vienna Convention on the Law of Treaties, which is now accepted as customary international law.

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    The law of treaties

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    Chapter 7 The law of treaties

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    The document discusses key aspects of international treaty law as outlined in Chapter 7, including how treaties come into force, their binding nature, rules of interpretation, reservations, invalid treaties, and termination. It notes that these rules seek to explain how states enter into treaty obligations and are primarily codified in the Vienna Convention on the Law of Treaties, which is now accepted as customary international law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views2 pages

    Chapter 7 The Law of Treaties

    Uploaded by

    lexyjay1980
    The document discusses key aspects of international treaty law as outlined in Chapter 7, including how treaties come into force, their binding nature, rules of interpretation, reservations, invalid treaties, and termination. It notes that these rules seek to explain how states enter into treaty obligations and are primarily codified in the Vienna Convention on the Law of Treaties, which is now accepted as customary international law.

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    Gleider Hernández, International Law

    Video Transcript
    The Law of Treaties – Gleider Hernández

    Hi, and welcome to my mini-lecture on Chapter 7 of International Law, which


    concerns treaties and the law of treaties as we understand it.

    Now, in Chapter 2 we discussed treaties as a source of law because treaties


    express the consent of states and, because they're written down, they're an
    important and if not one of the dominant sources that we recognise as being a
    valid source of international law. But in this chapter we go into treaties in more
    detail in another respect: we talk about how a treaty comes into force, how a
    treaty is created, who can sign on behalf of the state. We also talk about the
    nature of treaty obligations; the extent to which they’re binding, on whom they're
    binding. Now, they're binding on the state as a whole and, of course, its officials,
    but sometimes the question of the scope of the obligation, and whether it applies,
    for example, to individuals, also becomes relevant. We talk in particular, when we
    spend quite a bit of time discussing the rules and how treaties are interpreted.
    Now treaties, like all texts, are written agreements that express the intention of
    an author. In international law we call that ‘the intention of a party’. And what we
    mean by that is when we interpret a treaty we're trying to interpret the rules and
    principles that that treaty has made binding on the states that have signed on to
    it. So international law has a number of rules concerning this.

    We also talk about an important point, which is about the consent of the state to
    be bound to a treaty. Consent can also be the consent of an international
    organisation, but that category are called ‘reservations to treaties’, and in those
    reservations, states (or other actors) can choose to opt out, or to limit their
    consent to be bound: in effect, rewriting the provisions of the treaty to suit its own
    purposes. So around reservations a whole legal regime has sprung up that
    determines which reservations are permissible, which ones are impermissible,
    and how the reaction of other states is taken into account (because, of course,
    some of them are controversial). And it is quite problematic, in many respects, to
    consent to a treaty and then make a reservation that, in effect, means that a
    different regime applies to your state and not to other states. And the
    consequences of an invalid reservation, or an impermissible reservation, which
    can sometimes lead to a state being excluded from the treaty as a whole, which
    can sometimes lead to only those provisions being excluded, and in certain
    circumstances even, can lead to the reservation being ‘severed’, as we call, so it
    Gleider Hernández, International Law

    is severable, and thus cut out, and the state is a party to the treaty without the
    benefit of the reservation at all.

    We also talk about certain categories of treaties that are considered invalid.
    Those are, more often than not, treaties that have a defect in signature or,
    alternatively, violate a peremptory rule of international (so a norm of jus cogens,
    in other words).

    And finally, we talk about the rules through which a treaty can be terminated,
    suspended, or otherwise abrogated. And this is a particularly salient point when a
    state is seeking to withdraw from its treaty obligations and one needs to look
    within the treaty to see if it has made provision for this, or if it has excluded this,
    et cetera.

    Above all, all of these rules seek to explain how actors enter into treaty
    obligations. For the most part (and I probably should have said this at the
    beginning of the lecture) they are codified in what is called the Vienna
    Convention on the Law of Treaties, itself an international treaty that seeks to
    explain the entire regime of the law of treaties and codify it in a useful, single
    source. And that treaty is itself, although only ratified by 113 states –broadly
    speaking– accepted as customary international law. So this chapter really
    focuses on telling that story, explaining the substantive rules that I've detailed at
    the beginning of this chapter, and explaining them through the language of that
    treaty that is now entered into customary international law.

    Thank you.

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