Ir312 Diplomacy What are treaties and why treaties are they made? Dr. Jared O. Bell, Assistant Professor of International Relations and Public Administration Faculty of Business and Administration International University of Sarajevo

What is a treaty? Based on what we discussed for the last few weeks about diplomacy, what do you think a treaty is?

A Treaty is….. A treaty (International Instrument) is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known asan  (international)agreement, protocol, covenant,  convention, pact, or exchange of letters, among other terms. Example:Peace Treaties, Border Treaties, Delimitation Treaties, Extradition Treaties and Treaties of Friendship, Commerce and Cooperation. The UN Charter of 1945.

How are treaties defined by the International Community? The 1969 Vienna Convention defines a treaty as "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. Essentialities of Treaties, a treaty must be, a binding instrument, which means that the contracting parties intended to create legal rights and duties, concluded by states or international organizations with treaty-making power, governed by international law and should be in writing.

Why are treaties made? Why do you think treaties are made in the first place?

Treaties are made to… Treaties are made to establish rules, regulations, and agreements between two states or more on a variety of issues ( Trade, borders, peace, crime, war, etc).

Treaties and International Law Treaties create international rules or standards that States and other actors of international community are supposed to abide by. These rules are the result of long practice among the States, which have accepted them as binding norms in their mutual relations.  https://www.youtube.com/watch?v=0ViSYjt-wGw

Historical Usages of Treaties We know that civilizations even before antiquity established treaties. Example:100BCE(Lagash and Umma o f Mesopotamia)Border agreement between the rulers of the city-states of Lagash and Umma in Mesopotamia, inscribed on a stone block, setting a prescribed boundary between their two states.

Different types of treaties Bilateral Treaties Multilateral treaties Universal Treaties

Bilateral Treaties They concluded between two states or entities. Example: Bilateral Investment Treaty between India and Armenia What are some other examples of bilateral treaties?

Multilateral treaties Multilateral treaties - A multilateral treaty is concluded among several countries. The agreement establishes rights and obligations between each party and every other party. Each party owes the same obligations to all other parties, except to the extent that they have stated reservations. Example: International Covenant on Civil and Political Rights (ICCPR)

Universal Treaties It is concludes among almost all countries Example: CITES ( Convention on International Trade in Endangered Species of Fauna and Flora ) which has almost 160 parties

Two Main Contents of Treaties Law making treaties (traités lois) Contractual Treaties (traités-contrats)

Law making treaties (traités lois) Law making treaties (traités lois) – They establish general patterns of behaviour for the parties over a certain period of time in certain areas. Example:1958 Geneva Conventions on the Law of the Sea

Contractual Treaties (traités-contrats) Contractual Treaties (traités-contrats) - regulate some specific co-operation between. Example :Bosnia and Serbia Extradition Treaty. https://www.youtube.co m/watch?v=35F_Y8v38 R8

Peace Treaties A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. Peace Treaties can also be considered as contract treaties Example: Treaty of Versailles which ended World War I

Other form of International Agreements Conventions Protocols Charters Declarations Memorandum of Understanding Resolutions Modus Vivendi

Conventions The term "convention" is used in international law to refer to certain formal statements of principle. Conventions are less formal than treaties. Conventions are adopted by international bodies such as the International Labour Organization and the United Nations.

Convention (Cont.) Conventions so adopted usually apply only to countries that ratify them, and do not automatically apply to member states of such bodies. These conventions are generally seen as having the force of international treaties for the ratifying countries. Example: Geneva Convention What are some other examples?

Protocols The term protocol is used for agreements less formal than those entitled "treaty" or convention.  protocol is generally a treaty or international agreement that supplements a previous treaty or international agreement. A protocol can amend the previous treaty, or add additional provisions.

Protocols (Cont.) Parties to the earlier agreement are not required to adopt the protocol. Sometimes this is made clearer by calling it an "optional protocol", especially where many parties to the first agreement do not support the protocol. Example: Kyoto Protocol

Memorandum of Understanding A memorandum of understanding is an international instrument of a less formal kind. It often sets out operational arrangements under a framework international agreement. It is also used for the regulation of technical or detailed matters. It is typically in the form of a single instrument and does not require ratification. They are entered into either by States or International Organizations. Example: The United Nations usually concludes memoranda of understanding with Member States in order to organize its peacekeeping operations or to arrange UN Conferences. The United Nations also concludes memoranda of understanding on cooperation with other international organizations.

Charters The term "charter" is used for particularly formal and solemn instruments, such as the constituent treaty of an international organization. ( The founding document that spells out the role). Example: Charter of the United Nations of 1945

Declarations The term "declaration" is used for various international instruments. However, declarations are not always legally binding. The term is often deliberately chosen to indicate that the parties do not intend to create binding obligations but merely want to declare certain aspirations. Some instruments entitled "declarations" were not originally intended to have binding force, but their provisions may have reflected customary international law or may have gained binding character as customary law at a later stage. Example:1948 Universal Declaration of Human Rights

Resolutions A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be distributed outside of the body after its adoption. Two Types of Resolutions: Non-Binding, Substantive or Procedural

Two Types of Resolutions Non-Binding Substantive or Procedural

Non Binding Resolutions Non Binding Resolutions - refers to measures that do not become laws. This is used to differentiate those measures from a bill, which is also a resolution in the technical sense. The resolution is often used to express the body's approval or disapproval of something which they cannot otherwise vote on, due to the matter being handled by another jurisdiction, or being protected by a constitution. Example: A resolution of support for a nation's  troops in battle, which carries no legal weight, but is adopted for moral support.

Substantive or Procedural Substantive or Procedural Resolutions – They  apply to essential legal principles and rules of right. Example: UNSCR (United Nations Security Council Resolutions) What are some examples of UNSCRS?

Modus Vivendi Modus means mode, way. Vivendi means of living. Together, way of living, implies an accommodation between disputing parties to allow life to go on. It usually describes informal and temporary arrangements in political affairs.

Modus Vivendi (Cont.) Diplomatically it is an instrument recording an international agreement of temporary or provisional nature intended to be replaced by an arrangement of a more permanent and detailed character. It is usually made in an informal way, and never requires ratification. Example, where two sides reach a modus vivendi regarding disputed territories, despite political, historical or cultural incompatibilities, an accommodation of their respective differences is established for the sake of contingency.

Treaties and Diplomacy In the modern times the significance of 'international treaty' to create international rules is highly increased. These international rules Treaties affect the Foreign Policies of its signatories internally or externally and thus how they carry out diplomacy. Example: NPT ( Non Proliferation of Nuclear Weapons Treaty) Here there would be a difference in the foreign policies of the signatories and the non signatories to this treaty.

Treaties Create Moral Obligations Based on Current Societal Interests While treaties create obligation for the parties, the moral perspective they generate for community of States and people as well is tremendous. The enforcement of treaty is thus backed by the 'legal as well as moral sanction. Modern day international law is backed by international treaties which mostly reflects the benefits of societal interests. Example : Many newly emerging countries rely on international treaties to establish their fundamental laws. Vienna Convention, UN Charter etc.

Next Class 3 Steps to a Treaty Steps to the Treaty Making Process