The importance of Treaties

Treaties Early international law was restricted to the protection of diplomats, the establishment of state boundaries, and treaty laws A Treaty is: A formal agreement between two autonomous entities to conduct themselves in certain ways or to do certain things An agreement between or among nations, usually conducted in written form and governed by international law

Treaty by another name… Treaties are in many ways similar to the contracts that regulate legal relations within individual nations The international documents that are generally recognized as treaties may use the terms: Treaty Convention Protocol Agreement Memorandumof understanding Accord Exchange of notes arrangement

Treaties Canada is bound by Bilateral treaties (two-party) Multilateral (multiple-party) Some Issues covered by Canada-US bilateral treaties: Atomic energy Protection of migratory birds Educational exchanges Great Lakes water quality Border security…etc.

Canadian: Ice Wine Canada is the largest producer of ice wine in the world The grapes for Ice wine are picked in winter at temperatures of at least -8˚C so that only the highly concentrated juice is pressed from the frozen berries, leaving behind the icy water crystals. The result of these unique climatic conditions is a deliciously sweet wine with exceptional high concentration of sugars, acids and extracts from the grapes with intense flavours and aromas

Ice Wine 2 Due to the high sugar levels, Canadian ice wine was excluded from the EU (which has a very large market for wine) The EU has traditionally been a difficult market to enter because it requires that imported wines meet the same production methods as their local wines. However, the Canada-EU Agreement on Trade in Wines and Spirit Drinks signed in 2003 has enhanced wine trade opportunities for both Canada and the EU. As a result of EU intervention, imported products must not be placed at a marketing disadvantage over local or domestic products

Basic Treaty-Law Principles Treaty law is partly treaty-based with the rest being framed by historical patterns of inter-state practice Two main conventions codify the main rules of treaty formation, application, and enforcement: 1969 Vienna Convention on the Law of Treaties 1986 Convention on the Law of Treaties between States and International Organizations

Basic Treaty-Law Principles 2 These written rules were developed over the course of history through customary law (a common pattern that has emerged over time to become binding in international law) To achieve its intended purposes, a treaty must be negotiated, signed, ratified, and implemented within each state that is a party to the treaty

Treaty Negotiations The first stage is negotiation Often occurs in a bilateral or multilateral context such as an international forum or a diplomatic conference The Charter of the United Nations provided guidelines for international negotiations

Signing At the end of negotiations, a mutually agreed upon text is produced The negotiators on behalf of their respective countries, sign the treaty Signing indicates the general agreement of the parties with the text of the treaty

Ratification To render a treaty fully binding, it must be ratified or fully accepted Ratification is done once the government reviews the work of its ambassadors The ratification process in Canada is done by the Cabinet, and does not go through the House of Commons and Senate Common practice has arisen to submit treaties to Parliament for its opinion prior to ratification Example: The Kyoto Protocol – an environmental treaty with wide-ranging implications for Canadian industry – was put to a vote, which was passed

Reservation The ratification of a treaty must be absolute – the text as a whole must be accepted Or, the ratification can be accompanied by a written reservation A reservation essentially modifies a party’s obligation as described in the negotiated text In some treaties, reservations may be prohibited In other circumstances, other parties to the treaty might reject the reservation and the treaty would not pass

Implementation Means that a nation state takes steps to make the treaty’s terms part of the domestic law of the land In Canada, boundary treaties can be implemented simply by having their effects recognized by the Crown Other kids of treaties may need to be supported by the enactment of new legislation – federal and provincial governments pass legislation that implement treaties that deal with their division of powers

Problems with Implementation The Canadian federal government (usually) does not enter into a treaty without the assurance that the provincial/territorial governments will pass implementing legislation In 2003 Alberta and Ontario opposed the Kyoto Protocol because of the concerns about the effects of emissions regulation on their industries

Solving Treaty Disputes Many treaties have an amending process to change or reinterpret the meaning of the original treaty language If a country does not abide by its obligations as set out in a treaty, international law deals with these situations through the International Court of Justice The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.