Nothing Special   »   [go: up one dir, main page]
Scribd Logo
Upload

Welcome to Scribd!

  • 675 views

    Treaties

    Uploaded by

    Honorio Bartholomew Chan
    Treaties are formal agreements entered into by states or entities with treaty-making capacity to regulate their mutual relations under international law. They enable parties to settle conflicts and modify customary international law. Treaties lead to organized international society and provide the basis for customary international law. To be valid, a treaty must be entered into by parties with capacity through authorized representatives without coercion or error and follow constitutional processes. The treaty-making process involves negotiation, signature, ratification and exchange of instruments. Treaties only bind the parties and third parties that consent, unless reflecting customary international law or UN Charter principles. Agreements must be kept in good faith under pacta sunt servanda, but rebus sic stantibus allows ending

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd

    Treaties

    Uploaded by

    Honorio Bartholomew Chan
    675 views11 pages
    Treaties are formal agreements entered into by states or entities with treaty-making capacity to regulate their mutual relations under international law. They enable parties to settle conflicts and modify customary international law. Treaties lead to organized international society and provide the basis for customary international law. To be valid, a treaty must be entered into by parties with capacity through authorized representatives without coercion or error and follow constitutional processes. The treaty-making process involves negotiation, signature, ratification and exchange of instruments. Treaties only bind the parties and third parties that consent, unless reflecting customary international law or UN Charter principles. Agreements must be kept in good faith under pacta sunt servanda, but rebus sic stantibus allows ending

    Original Description:

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PPT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Treaties are formal agreements entered into by states or entities with treaty-making capacity to regulate their mutual relations under international law. They enable parties to settle conflicts and modify customary international law. Treaties lead to organized international society and provide the basis for customary international law. To be valid, a treaty must be entered into by parties with capacity through authorized representatives without coercion or error and follow constitutional processes. The treaty-making process involves negotiation, signature, ratification and exchange of instruments. Treaties only bind the parties and third parties that consent, unless reflecting customary international law or UN Charter principles. Agreements must be kept in good faith under pacta sunt servanda, but rebus sic stantibus allows ending

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    675 views11 pages

    Treaties

    Uploaded by

    Honorio Bartholomew Chan
    Treaties are formal agreements entered into by states or entities with treaty-making capacity to regulate their mutual relations under international law. They enable parties to settle conflicts and modify customary international law. Treaties lead to organized international society and provide the basis for customary international law. To be valid, a treaty must be entered into by parties with capacity through authorized representatives without coercion or error and follow constitutional processes. The treaty-making process involves negotiation, signature, ratification and exchange of instruments. Treaties only bind the parties and third parties that consent, unless reflecting customary international law or UN Charter principles. Agreements must be kept in good faith under pacta sunt servanda, but rebus sic stantibus allows ending

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 11

    Treaties

    Definition
    Formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity, for the purpose of regulating their mutual relations under the law of nations May also refer to conventions, declarations, covenants, acts, and concordats

    Enable parties to settle actual and potential conflicts

    Makes it possible for the parties to modify the rules of international customary law by means of optional principles or standards

    Functions of Treaties
    Lead to a transformation of unorganized international society into one which may be organized on any chosen level of social integration

    Frequently provide the humus for the growth of international customary law

    Essential requisites of a valid treaty


    1. Entered into by parties with the treaty making capacity 2. Through their authorized representatives 3. Without the attendance of duress, fraud, mistake, or other vice of consent 4. On any lawful subject-matter 5. In accordance with their respective constitutional processes

    Treaty making process

    Negotiation

    Signature

    Ratification

    Exchange of Instruments

    Binding effect of treaties


    Pacta tertiis nec nocent nec prosunt - A treaty does not create either obligations or rights for a third State without its consent Treaties are only binding on the contracting parties and other states who later on sign by a process known as accession

    Instances when treaties are made applicable even to third parties


    1. Treaty is merely a formal expression of customary international law 2. As provided in the UN Charter: non member states must act in accordance with the principles of the charter in so far as may be necessary for the maintenance of international peace and security 3. Where the treaty expressly extends its benefits to nonsignatory states

    Pacta Sunt Servanda


    Agreements must be kept Every treaty in force is binding upon the parties to it and must be performed by them in good faith Despite supervening hardships, the parties must comply with their commitments and perform treaty obligations in good faith

    Rebus sic stantibus


    Things thus standing A tacit condition attached to all treaties to the effect that they will no longer be binding as soon as the state of facts and conditions upon which they were based changes to a substantial degree

    Limitations to the doctrine of rebus sic stantibus


    1. Applies only to treaties of indefinite duration 2. Vital change must have been unforeseen or unforeseeable and should not have been caused by the party invoking the doctrine 3. Must be invoked within a reasonable time 4. Cannot operate retroactively upon the provisions of the treaty already executed prior to the change of circumstances

    Termination of treaties
    1. 2. 3. 4. 5. Expiration of term Accomplishment of the purpose Impossibility of performance Loss of the subject-matter Desistance of the parties, through express mutual consent, exercise of the tight of denunciation (desuetude)- when allowed 6. Novation 7. Extinction of one of the parties 8. Rebus sic stantibus 9. Outbreak of war 10. Voidance of the treaty

    You might also like