Law of Treaties

Components of a treaty Title usually indicates type of treaty + subject matter + names of the contracting parties Preamble very important for interpretation Main body rights and obligations Final part entry into force + termination + language of the treaty

Different terms for treaties Treaty Agreement Convention Covenant Charter Protocol Final act Modus vivendi Compromis Statute

Classification of int treaties According to number of “contracting parties”: Bilateral treaties Multilateral treaties According to the possibility of accession: Closed treaties Open treaties

Authority of persons for the conclussion of a treaty Such an authority is regulated in a document called “full powers” this document names those individuals who are authorized to negotiate and conclude a treaty on behalf of their state. Such representatives can be divided into two: 1- persons who are not required to carry a full powers document inherent capacity to conclude treaties (Heads of State + Heads of Government + Ministers for <foreign Affairs) 2- Persons who has to carry such documents... When authority is lacking treaty is without legal effect such treaties are called as “ultra vires treaties”

Forms of conclusion of a treaty 1- Simplified forms giving the treaty binding force 2- Ratification/acceptance/approval 3- Accession Simplified Form: Signature Exchange of instruments forming/constituting the treaty Not to be confused with “exchange of documents of ratification” Exchange of letters method

Forms of conclusion of a treaty Ratification: Requires legal formalities both on internal and international level internal level (within the discretion of each state) There are different methods: Power to ratify legislative Power to ratify executive Power to ratify both legislative & executive The two organs together Allocation of specific category of treaties to each

Forms of conclusion of a treaty Act of ratification is confined to “states” only because it requires consent of the “Head of State”, a position which does not exist within an international organization At international law parties should “exchange instruments of ratification”

Entry into force of a treaty At international level: Depends on the form of conclusion chosen by the parties The crucial point is “a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating states” Signature Ratification Multilateral treaty practice

Entry into force of a treaty At Domestic level: This is not a condition at international level meaning that even without this a treaty may enter into force and become binging for that state Publication in the official gazette This is generally for the domestic courts

Registration of international treaties With the establishment of League of Nations additional requirement for treaties to become binding: “registration” (kayıt/tescil) Particularly because secret treaties Wilson’s Principles League of Nations: Every treaty shall be registered with the Secretariat and then published. “No such treaty or international engagement shall be binding until so registered”

Registration of international treaties UN Period: Art. 102 of the Charter of the UN: “Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.” Therefore lack of registration does not affect the legal validity and force of that international treaty BUT...