Introduction to the law of treaties Keiichiro Okimoto Associate Legal Officer Treaty Section, Office of Legal Affairs 16 November 2011.

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Presentation transcript:

Introduction to the law of treaties Keiichiro Okimoto Associate Legal Officer Treaty Section, Office of Legal Affairs 16 November 2011

1. Outline  Overview of the life of treaties  Review of key concepts of the law of treaties at different stages

2. Brief overview  Consolidated Treaty Series: Treaties from 1648 to 1918  League of Nations Treaty Series: Treaties from 1919 to 1945  United Nations Treaty Series: Treaties from 1945, more than 67,000 treaties as at August 2011  Long history  Widespread means in international relations  States + international organizations

3. Treaties / customary international law Customary international law  Unwritten  Formed through State practice and opinio juris  Binding on all States and international organizations  No reservations can be made  No denunciation / withdrawal Treaties  Written  Adopted at a bilateral meeting or a multilateral forum  Binding upon consent to be bound  Reservations under certain conditions  Denunciation /withdrawal under certain conditions

4. Law of treaties/Vienna Conventions 1969 and 1986  Law of treaties: international law regulating the procedural aspects of treaties 1966 Vienna Convention  1949: International Law Commission includes law of treaties as a topic for study  1966: General Assembly calls for a diplomatic conference  1969: Vienna Convention on the Law of Treaties (VCLT) adopted  Today, 111 States parties (November 2011) 1986 Vienna Convention  1986 Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations

5. Definition of treaty VCLT Art. 2(1)(a)  Concluded between  States  States and international organisations  International organisations  Written form  Governed by international law  Single instrument / two or more instruments  Whatever the designation

6. Types of treaties  Bilateral treaties:  Two States  Two international organisations  A state/an international organisation  Multilateral treaties:  Between more than two States  Limited participation  Open

7. Birth of treaties  Proposal  Negotiation  Adoption of the text (VCLT Art. 9)  Authentication of the text (VCLT Art. 10)

8. From adoption to entry into force Signature/consent to be bound  Opening for signature (limited participation v. open, limited period v. indefinite)  Signature + ratification/acceptance/approval  Accession  Definitive signature  Obligation to refrain from acts that would defeat the object and purpose of the treaty prior to its entry into force Other possible treaty actions  Reservations (under certain conditions)  Objections to reservations  Declarations (mandatory/optional/interpretative)  Corrections

9. Methods of entry into force  Treaty becomes formally binding on the parties  Provisions of the treaty often specify the method Bilateral treaties  Definitive signature by both parties  Notification of completion of the internal procedure  Exchange of instruments of ratification Multilateral treaties  Consent to be bound by a specific number of States  Consent to be bound by a specific category of States  After lapse of certain period  If the method is not specified in the treaty, consent to be bound by all negotiating States (VCLT Art. 24)

10. After the entry into force Signature/consent to be bound  Signature  Ratification/acceptance/approval  Accession Other possible treaty actions  Reservations (under certain conditions)  Objections to reservations  Declarations (mandatory/optional/interpretative)  Amendments  Termination, suspension, invalidity, withdrawal/denunciation  Territorial application/exclusion  Extension  Succession (1978 Vienna Convention on succession of States in respect of treaties )

11. Signatory State, contracting State, party  Signatory State: State that has signed but not consented to be bound by the treaty  Party:  State that has consented to be bound  Treaty itself is in force  Treaty is in force for that State  Contracting State:  State that has consented to be bound  Regardless of whether the treaty has entered into force

12. Interpretation of treaties General principle (VCLT Art. 31 (1))  Good faith  Ordinary meaning  In the context of the treaty  In the light of its object and purpose “Context” (VCLT Art. 31 (2))  Text, including preamble/annexes  Agreements and instruments relating to the treaty Other means (VCLT Arts 31 (3), 32)  Subsequent agreements  Subsequent practice  Relevant rules of international law  Supplementary means, including preparatory work

13. Depositary (VCLT Arts )  For multilateral treaties  State or international organisation (or its chief administrative officer) General principles  International in character  Impartiality Functions  Keep custody of the original text  Prepare/transmit certified true copies  Receive signatures  Examine signatures, instruments, notifications, communications  Inform treaty actions  Inform that the requirements for entry into force are met  Register treaties with the Secretariat of the United Nations  Other functions specified by the treaty

14. Registration and publication UN Charter Art. 102, VCLT Art. 80  All treaties/international agreements  After their entry into force  Submit to the Secretariat of the United Nations for registration and publication

Copyright notice Copyright 2011 by the United Nations. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means, i.e., electronic, mechanical, photocopying, recording, or otherwise, without the written permission of the United Nations.